pk
Level 15
Level 15

Deductions & credits

@santiagocampo89 , having gone through the above  between you and @DoninGA , 

 

(a) assuming--->   that you are an individual  Non-Resident Alien ; that  you have been filing 1040-NR in the past recognizing the income  from the  income/business real-estate; that you have disposed off the  asset/property to an US person ( US citizen/Resident ( Green Card ) / Resident for tax purposes; that you have a 1099-S  etc. 

(b) the FIRPTA is only a means to ensure that US collects  (through withholding)  and taxes due on the disposition of the asset

(c) the full reconciliation of the tax situation due to the sale of the asset ( and any other incomes for the tax year ) is done on form 1040-NR for the tax year.  So you need to file a return  ( just as you have earlier years) showing  the sale, the gain-loss computation, the  taxes withheld under FIRPTA etc.  In your particular situation  ( if the property was sold during 2020),  there is no need to get the early refund--- just fil;e the return as  soon as you can and the  refund  would be issued in due course.

 

A note ---- since you have been filing 1040-NR, why are  at this  TurboTax forum -- I ask because TurboTax does not support  form 1040-NR.   If you are not currently in USA, suggest using a local  tax professional familiar with form 1040-NR and all its complications./ implications.    You can also  download the form 1040-NR and its instructions  and prepare the return by yourself  ( it is somewhat complicated though).  TurboTax partner  SprinTax offers  preparation of form 1040-NR.    If you have been filing form 1040 ( through TurboTax ) while  being a Non-Resident Alien, you may have to file amended return(s) to correct the error(s).   Which country are you form and were  you in USA earlier ( and perhaps used the  real-estate  as your main home  ) ?   There  may be  reduction in FIRPTA taxes in such a case.

 

Is there more we can o for you ?