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FIRPTA Non-foreign Seller’s Certification

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Previously, we discussed the general FIRPTA withholding requirements. Here we discuss the process where a seller is a U.S. tax resident and certifies his non-foreign status to the buyer.

FIRPTA: Non-U.S. Person

Withholding on a real estate transaction is required only if the seller is a non-U.S. person. IRC 7701 defines a “U.S. person” as one who meets any one of the following requirements:

  • Is a United States citizen;
  • Is a lawfully admitted permanent resident (“green card” holder); or
  • Meets the substantial presence test

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Cryptocurrency and Taxes

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Despite the name, cryptocurrencies are not “currencies” at all for tax purposes. The IRS treats virtual currency as property (i.e., assets). General tax principles applicable …

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SCOTUS Denies Cert in FBAR Excessive Penalty Case

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The U.S. Supreme Court on Monday declined to review a Ninth Circuit decision imposing a $1.1 million FBAR penalty on a taxpayer.  The Internal Revenue Service assessed the penalty after finding the taxpayer failed to report assets exceeding $1 million in a Swiss bank account.

The taxpayer argued the amount of the assessment violated the Eighth Amendment protection against excessive fines and said the IRS improperly obtained nontax information, such as the existence of the foreign account, through the Swiss-U.S. tax treaty.

Below are details from the appellate history in United States v. Bussell.

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