What We Do at Directs

We Assist Non-US Persons Obtain the Quickest Possible Refund of the IRS Withholding Tax on US Real Estate Sales

The central function of DIRECTS (Domestic and International Real Estate Closing Tax Services, Inc.) is to help non-US persons recover their withheld funds (tax) controlled by the IRS in connection with a US real estate transaction. The IRS requires non-US parties who sell US real estate to have 15% of the gross sales price withheld at the time of sale, regardless of whether the seller made any profit on the sale (and regardless of whether the seller actually owes any income tax to the IRS). This is the current rule required under FIRPTA (the Foreign Investment in Real Property Tax Act of 1980). For example, assume a Canadian national who buys a Los Angeles home in 2014 for $1,400,000, and sells it in 2019 for $1,500,000 (a $100,000 profit), might owe $15,000 to the IRS in income tax (using a 15% capital gains rate), but because the Canadian seller is not a US person, the IRS requires $225,000 to be withheld from the sale proceeds at closing. At DIRECTS, we help this non-US person recover their $210,000 (excess tax) controlled by the IRS. It will take many foreign sellers well over a year, or even years, to obtain the $210,000 refund (if they ever receive their refund at all). At DIRECTS, we help the non-US person obtain a refund either quickly, via the 8288-B application (which might return the $210,000 to the non-US person in around four months after sale); or we can help the non-US person obtain the $210,000 refund in the regular tax refund cycle in the next calendar year. This problem exists even if the non-US person sells the real estate for a loss. Say a Chinese national purchased real estate in Irvine, California, for $1,300,000 a few years ago, and later sells it for $1,200,000. The IRS still requires the Irvine escrow company to withhold $180,000 on the sale (a net loss on the transaction does not change the withholding requirement), but DIRECTS can help the Chinese investor obtain the $180,000 refund, and receive it quickly. By working with DIRECTS, foreign investors will almost certainly avoid the biggest problem faced in selling the US real estate- never obtaining the refund. So many foreign sellers never receive any refund of the 15% withholding tax, because retrieving the IRS withholding tax refund is not easy. But at DIRECTS, we simplify and expedite the refund process.

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