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Can a foreign LLC owner do a 1031 exchange to defer FIRPTA tax? Or does FIRPTA block it?
I own a rental duplex in Arizona through my foreign-owned SMLLC and want to sell it and buy a larger property. I've heard about 1031 exchanges where you can defer capital gains tax by reinvesting in a like-kind property. Does this work for foreign owners? If I do a 1031 exchange, does the buyer still withhold the 15% FIRPTA amount at closing? That would defeat the whole purpose since I need the full proceeds to buy the replacement property.
I'm a citizen of Israel, non-resident alien.
Related Questions
What exactly is FIRPTA and how does it affect me as a foreign LLC owner with U.S. real estate?
I'm a Canadian citizen who owns a single-member LLC in Wyoming. I bought a rental condo in Phoenix through the LLC last year. My accountant mentioned something called FIRPTA that could hit me with a big tax bill if I ever sell. I looked it up but the IRS page is dense and confusing. Can someone explain in plain English what FIRPTA actually is, why it exists, and what it means for a foreign person who holds U.S. property through an LLC? I just want to understand the basics before I start planning anything.
FIRPTA withholding — when is it 15%, 10%, or 0%? I'm confused by the different rates.
I'm about to sell a property in Florida that I've held through my LLC (I'm a UK citizen, non-resident). My closing attorney told me the withholding is 15% of the sale price, but I've seen people online say it can be 10% or even 0%. My sale price is around $280K. Is there a way to get a lower rate? What determines which percentage applies? Also, is the withholding based on the sale price or on my profit? Because 15% of the sale price seems insanely high when my actual gain is maybe $40K.
Are there any exceptions where FIRPTA withholding doesn't apply? I keep hearing about loopholes.
I'm a German national selling a small investment condo in Texas through my LLC. Sale price is about $250K. I've been told I'll lose 15% to FIRPTA withholding at closing, but a friend said there are exceptions. He mentioned something about a $300K threshold and publicly traded companies. Are there legitimate ways to avoid or reduce the withholding? I don't want to do anything shady, just want to know if there are legal exceptions I might qualify for. The property was never my residence — strictly investment.
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