Kluwer New Publication: The US Foreign Investment in Real Property Tax Act

The U.S. Foreign Investment in Real Property Tax Act illustrates the impact of the new Act, U.S. Foreign Investment in Real Property Tax Act (FIRPTA), with practical examples. U.S. real estate is enormously attractive to many foreign investors, who are thus ushered into the ambit of the complex FIRPTA. A full understanding of the associated tax implications on the part of these investors is essential if they were to implement the correct structure to maximize their returns, avoid unnecessary withholding, and comply with applicable requirements. This book, the first practical guide to FIRPTA, clearly articulates the operation and transactional implications of FIRPTA, sets forth real-life situations, and points out potential traps, all in a readily comprehensible format.

FAmong the tax issues and consequences that directly or indirectly affect foreign investors in U.S. real property interests, the author highlights the following and more:

  • the real estate investment trust (REIT);
  • withholding taxes that are jointly and severally liable for buyers and sellers;
  • treatment of rental, interest, and dividend income;
  • effect of the branch profits tax;
  • tax treaty benefits;
  • exemptions to FIRPTA;
  • special rules applicable to foreign investors;
  • tax reporting standards and potential penalties for noncompliance; and
  • state and local tax issues relating to U.S. real estate investments.

This book serves as a handbook for practitioners to gain an understanding of the FIRPTA law, as a whole, its recent changes, and its interaction with various other legal regimes such as the REIT and publicly traded partnership. Providing a straightforward and accessible guide for navigating the tax issues that confront foreign investors in U.S. real estate, this resource proves invaluable in identifying and formulating the correct strategies for investors and their advisors with respect to investments in the U.S. real estate market. It is sure to benefit all interested parties, academics, and legal counsellors for years to come. Read more and view table of contents.

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