Memo · Residential Conveyancing & Property

FIRPTA withholding file note (United States)

An internal note of the IRS page's 15 percent withholding when a foreign person disposes of a U.S. real property interest, including joint owners, a grantor trust, and the residence discussion.

Kind
Memo. An internal or advice memo.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when a US purchase file needs a record of whether the buyer must withhold on a disposition by a foreign person. Do not use it as a tax return, as Form 8288, or as advice that an exception applies before the lawyer has completed the tests.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

A tool may insert the price, the owner names, and the citizenship statement from documents the lawyer has already put in the file.

AI may

  • Add the cash, other property, and liability lines once the lawyer has written the amounts
  • Flag a joint-owner file in which one spouse is assigned 100 percent of the amount realized
  • List which residence-test facts are still blank

AI must not

  • Must not state a withholding rate other than the 15 percent the IRS page states as the general rate
  • Must not state the reduced percentage for the band between $300,000 and $1 million
  • Must not prepare Form 8288, Form 8288-A, or Form 8288-B
  • Must not tell the client the transaction is exempt

The lawyer checks

  • The seller's status as a foreign person is tied to a document, or marked unknown
  • Joint sellers, including spouses, are allocated by the capital-contribution method the IRS page states
  • Any residence exception is applied only after the lawyer has checked the dollar test and the 50 percent day test on the IRS page
  • The note says section 1445 itself was not opened

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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