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FIRPTA: foreign sellers of U.S. real estate

Form 1040-NR after a non-resident sells U.S. property, claiming FIRPTA withholding credits and refunds, plus ITIN support.

01 / WHO IT IS FOR

Who this is for

Foreign individuals or families (non-resident aliens) selling U.S. property, and sellers who need an ITIN to recover withholding.

02 / WHAT’S INCLUDED

What’s included

  • Preparing and filing Form 1040-NR.
  • Calculating gain and tax: purchase cost, capital improvements and selling expenses.
  • Claiming eligible FIRPTA withholding credits and refunds.
  • ITIN applications, including stand-alone Exception 4 applications when eligible.
  • If the property was rented: depreciation and prior-year filings evaluated.

03 / PROCESS

How it works

  1. 01

    Discuss the sale

    Sale date, price, withholding and rental history.

  2. 02

    ITIN

    If needed, evaluate Exception 4 or apply with the return.

  3. 03

    Compile cost basis

    Compile purchase costs and improvement receipts.

  4. 04

    Prepare 1040-NR

    Calculate gain and credits and review with you.

  5. 05

    File and follow up

    File and follow up on the withholding refund.

04 / DOCUMENT CHECKLIST

What to prepare

  • Passport and ITIN (if any)
  • Purchase and sale closing statements
  • FIRPTA withholding statements (e.g., Form 8288-A)
  • Title, legal and recording costs at purchase
  • Receipts for additions, remodels, roofing, HVAC and other capital improvements
  • If rented: rent, expenses and prior returns

Prepare only what applies to you. Share SSNs, IDs and bank details through the agreed secure method, not in a first email.

FAQ

Frequently asked questions

Can I get back the tax withheld at closing?

Eligible withholding is claimed on the annual 1040-NR, and any excess can be refunded.

Must I wait for the annual return to get an ITIN?

If you qualify for the FIRPTA exception (Exception 4) you can apply separately; eligibility is reviewed first.

Scope notes

Multiple income sources, depreciation or several sales are evaluated separately; refund timing is up to the IRS.

Website content is general educational information, not tax, legal or investment advice for your situation.

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General educational information only; not tax, legal or investment advice. Service scope and engagement arrangements are confirmed directly with the firm. Information on this website does not replace advice tailored to your circumstances.