---
title: "Screen a buyer and seller for foreign-person withholding"
url: "https://ailawframework.com/practice/residential-conveyancing-and-property/screen-the-buyer-for-foreign-investment-or-overseas-ownership-consent/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A9-T1-R6-US"
practice_area: "Residential Conveyancing & Property"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Screen a buyer and seller for foreign-person withholding

> From the papers, list whether the seller is described as a foreign person and whether the property is in the United States. Do not say a consent is required and do not compute withholding.

Canonical page: https://ailawframework.com/practice/residential-conveyancing-and-property/screen-the-buyer-for-foreign-investment-or-overseas-ownership-consent/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Residential Conveyancing & Property](https://ailawframework.com/practice/residential-conveyancing-and-property.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the papers, list whether the seller is described as a foreign person and whether the property is in the United States. Do not say a consent is required and do not compute withholding. |
| What the lawyer must review | You decide whether § 1445 applies. Section 1445(a) generally requires the transferee to withhold 15 percent of the amount realized when a foreign person disposes of a United States real property interest. The IRS page states that rate for dispositions after 16 February 2016 and says the buyer is the withholding agent in most cases. No national foreign-buyer consent regime was opened. Do not describe one. Section 1445(b)(5) and the reduced 10 percent residence rate have conditions you read before you apply them. Formal Opinion 512 applies to the identity papers. |
| Written for | United States |
| Applies to | [Screen the buyer for foreign-investment or overseas-ownership consent](https://ailawframework.com/practice/residential-conveyancing-and-property/screen-the-buyer-for-foreign-investment-or-overseas-ownership-consent.md) |

## Checking plan

- What the AI does: From the papers, list whether the seller is described as a foreign person and whether the property is in the United States. Do not say a consent is required and do not compute withholding.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Withholding is not an approval to buy. Do not call it a consent.
- Forms 8288 and 8288-A are named on the IRS page. Open the current instructions before filing.

## Sources

- [26 U.S.C. § 1445 (FIRPTA withholding)](https://www.law.cornell.edu/uscode/text/26/1445) (checked 2026-10-22)
- [IRS: FIRPTA withholding](https://www.irs.gov/individuals/international-taxpayers/firpta-withholding) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Residential land foreign-investment screen before exchange](https://ailawframework.com/precedents/residential-conveyancing-and-property/residential-foreign-investment-screen.md) | Checklist | Yellow | A screen, from the Foreign Investment Review Board residential pages, for whether a buyer notifies the Australian Taxation Office before acquiring residential land and whether an exemption on those… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*