The Non-Foreign Affidavit emerged from the Foreign Investment in Real Property Tax Act (FIRPTA) of 1980, which requires buyers to withhold a percentage of the purchase price when acquiring property from foreign sellers. This affidavit allows U.S. sellers to avoid this withholding requirement by certifying their non-foreign status. The document must include the seller's taxpayer identification number, a declaration of U.S. status, and a statement made under penalty of perjury. It's a crucial document in U.S. real estate transactions, protecting both buyers and sellers while ensuring compliance with federal tax regulations.
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1. Title and Introduction: Identifies the document as a Non-Foreign Status Affidavit
2. Affiant Information: Full legal name and address of the person making the affidavit
3. Property Description: Legal description of the property being transferred
4. Declaration of Non-Foreign Status: Statement confirming U.S. status and not subject to FIRPTA withholding
5. Taxpayer Identification: U.S. Social Security Number or Employer Identification Number
6. Penalty of Perjury Statement: Required statement that the information is true under penalty of perjury
7. Signature Block: Space for signature, date, and notarization
1. Entity Information: Additional section required when the seller is a corporation, LLC, partnership, or trust rather than an individual
2. Multiple Affiant Declaration: Additional section required when property is owned by multiple individuals or entities
1. Copy of U.S. ID: Optional attachment of government-issued identification
2. Entity Authorization Documents: Supporting documentation required for entity sellers to prove authority to sign
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