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Is calfirpta withholding from a house sale a deduction?

 
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VictoriaD75
Employee Tax Expert

Is calfirpta withholding from a house sale a deduction?

(FIRPTA) is a certificate of non-foreign status. FIRPTA addresses the disposition of U.S. real property interest by a foreign person. Section 1445 of the Internal Revenue Code requires that all transferees (buyers) of real property owned by a foreign person withhold and pay to the IRS up to 15% of the amount realized on the sale.

 

If one or more of these circumstances apply, a seller may be exempt from this law:

  • The sales price is less than $300,000 and the buyer has definite plans to reside in the home for at least 50% of the first 24 months that the property is being used by any person
  • The seller provides written certification that they are not a foreign person
  • The buyer receives a withholding certificate from the IRS that excuses the withholding
  • The amount the seller realizes on the sale or transfer of the property interest is zero

What is CAL-FIRPTA

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Is calfirpta withholding from a house sale a deduction?

No, it is not a deduction.  It is just a pre-payment of income tax so it will show up as a credit on your California tax return.  So when you file your California tax return, you will need to be sure that you entered that prepayment of tax.

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