Screen a buyer for a state surcharge the statute has not supplied
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List how the file describes the buyer and the price the contract states. Do not compute a surcharge and do not compute withholding.
- What the lawyer must review
- You decide whether any state surcharge applies. No state foreign-buyer surcharge was opened. Section 1445(a) requires withholding of 15 percent of the amount realized on a disposition of a United States real property interest by a foreign person, except as the section provides. Subsection (b)(5) applies where the transferee acquires the property for use as a residence and the amount realized does not exceed $300,000. Subsection (c)(4) substitutes 10 percent where the property is acquired for use as a residence, the amount realized does not exceed $1,000,000, and subsection (b)(5) does not apply. That is federal withholding on a disposition. It is not a state surcharge on the purchase, and it is not an annual tax. You read the other exceptions in subsection (b) before you apply subsection (a). The definition of foreign person was not opened as its own page. You do not apply that label from the file alone. The IRS page names Forms 8288 and 8288-A.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.