FIRPTA Certificate (Commercial Real Estate Purchase and Sale)
A Standard Document for use in a commercial real estate purchase and sale, providing a seller's certification of non-foreign status. This certificate is crucial for compliance with the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). Under Section 1445 of the Internal Revenue Code, a purchaser of a US real property interest must withhold tax if the seller is a foreign person. By delivering this executed certificate at closing, the seller confirms it is not a foreign person or a disregarded entity, thereby informing the purchaser that withholding is not required. This Standard Document is a critical tool for both purchasers and lenders to avoid potential tax liability and prevent significant delays in the closing process. It outlines the necessary declarations a seller must make under penalty of perjury to satisfy FIRPTA requirements and ensure a smooth transaction.
Already a Practical Law customer? Sign in
Get access to this document with Practical Law
Why Practical Law?
Gain a built-in attorney network
Practical Law’s resources are written and maintained by over 650 dedicated, full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies, so they understand the challenges you face. They dedicate themselves to creating resources to help you navigate the new legal realities, legislative changes, and practice areas impacting your clients or organization.
See how to leverage the expertise of Practical Law’s attorney-editors to help you practice more efficiently.
Expert guidance
650+ full-time, experienced attorney-editors keep you up to date globally
Total resources
118,000+ total resources across 17 practice areas ensure comprehensive coverage
Timely updates
150,000+ hours spent in 2025 maintaining and updating resources
.png){kind=logo}
