Foreign Investment in Real Property Tax Act: A primer

The Foreign Investment in Real Property Tax Act ("FIRPTA") provides an exception to the general rule that the US generally taxes nonresident alien individuals and foreign corporations on their gains from sales or exchanges of property, if and only if, the gains are effectively connected with the conduct of a trade or business in the US ("effectively connected income" or "ECI"). FIRPTA treats gains recognized by a foreign person from the disposition of a US real property interest ("USRPI"), including the sale of shares of a US real property holding corporation ("USRPHC"), as ECI, subject to US federal income tax.

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