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Non Foreign Affidavit

Non Foreign Affidavit Template for United States

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Non Foreign Affidavit

"I need a Non Foreign Affidavit for our Delaware-based LLC selling a commercial property in Miami, with closing scheduled for March 15, 2025; the document needs to include specific language about our company's U.S. ownership structure."

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What is a Non Foreign Affidavit?

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.

What sections should be included in a Non Foreign Affidavit?

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

What sections are optional to include in a Non Foreign Affidavit?

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

What schedules should be included in a Non Foreign Affidavit?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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FIRPTA 1980: Foreign Investment in Real Property Tax Act of 1980 - Primary legislation governing the withholding of tax on dispositions of U.S. real property interests by foreign persons

IRC Section 1445: Internal Revenue Code Section 1445 - Specific provisions for withholding of tax on dispositions of U.S. real property interests

IRC Section 7701(b): Internal Revenue Code Section 7701(b) - Defines resident and non-resident status for tax purposes

Treasury Regulations ยง 1.1445-2: Detailed regulations implementing FIRPTA withholding requirements and exceptions, including specifications for non-foreign affidavits

IRS Form W-9 Requirements: Requirements for Request for Taxpayer Identification Number and Certification, which relates to proving US person status

State Real Estate Requirements: State-specific requirements for real estate transfers and notarization of non-foreign affidavits

TIN Declaration Requirement: Requirement to include seller's taxpayer identification number in the affidavit

Perjury Statement Requirement: Mandatory inclusion of a statement that the affidavit is made under penalty of perjury

Execution Timing Requirement: Requirement that the affidavit must be executed before or at the closing of the real estate transaction

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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