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Non Foreign Affidavit under IRC 1445 Arizona Form

Non Foreign Affidavit under IRC 1445 Arizona Form

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What is the Non Foreign Affidavit Under IRC 1445 Arizona

The Non Foreign Affidavit Under IRC 1445 is a legal document required in Arizona for transactions involving real estate where the seller is not a foreign person. This affidavit serves to certify that the seller is a U.S. person, thereby exempting the buyer from withholding taxes that would otherwise apply to foreign sellers. The form is essential for ensuring compliance with the Internal Revenue Code, specifically Section 1445, which mandates withholding on certain real estate transactions involving foreign entities.

Steps to Complete the Non Foreign Affidavit Under IRC 1445 Arizona

Completing the Non Foreign Affidavit involves several key steps:

  1. Gather necessary information, including the seller's name, address, and taxpayer identification number.
  2. Provide details about the property being sold, including its address and legal description.
  3. Sign and date the affidavit in the presence of a notary public to ensure its legal validity.
  4. Submit the completed affidavit to the buyer, who will retain it for their records and for compliance purposes.

Legal Use of the Non Foreign Affidavit Under IRC 1445 Arizona

The legal use of the Non Foreign Affidavit is crucial for both buyers and sellers in real estate transactions. By completing this affidavit, sellers affirm their status as U.S. persons, which protects buyers from potential tax liabilities associated with foreign sellers. This document must be executed properly to be considered valid in the eyes of the IRS and state authorities, ensuring that all parties comply with tax regulations.

Key Elements of the Non Foreign Affidavit Under IRC 1445 Arizona

Key elements of the Non Foreign Affidavit include:

  • The seller's full legal name and address.
  • The seller's taxpayer identification number (TIN).
  • A statement confirming the seller's status as a U.S. person.
  • The property address and legal description.
  • The seller's signature and date, along with a notary's acknowledgment.

How to Obtain the Non Foreign Affidavit Under IRC 1445 Arizona

The Non Foreign Affidavit can typically be obtained from a real estate attorney, title company, or online legal document services. It is important to ensure that the version used complies with Arizona state laws and the IRS requirements. Many title companies also provide this form as part of their closing documentation for real estate transactions.

Filing Deadlines / Important Dates

While the Non Foreign Affidavit itself does not have a specific filing deadline, it must be completed and submitted at the time of closing a real estate transaction. Buyers should ensure they receive the affidavit from the seller before finalizing the purchase to avoid any potential tax withholding issues. It is advisable to consult with a tax professional for any specific timelines related to individual transactions.

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