GCRID Reference Library

Legal & Regulatory
Reference for Practitioners

The reference documents that CIPS designees, international real estate attorneys, and cross-border practitioners need in one place — FIRPTA rules, estate tax treaty matrix, FinCEN GTO county coverage, capital control quick reference, and entity structure guide. Updated as the law changes.

FIRPTA Quick Reference

Verified June 28, 2026

The Foreign Investment in Real Property Tax Act (FIRPTA) governs withholding requirements when foreign nationals sell U.S. real property. This is the most commonly misunderstood rule in cross-border real estate.

Scenario Withholding Rate Applied To Notes
Standard NRA seller, investment property 15% Gross sales price Standard rate since 2016; previously 10%
NRA seller, property ≤$300K, buyer primary residence No withholding Buyer must intend to use as primary residence; must sign affidavit
NRA seller, property $300K–$1M, buyer primary residence 10% Gross sales price Reduced rate for primary residence buyer; requires buyer affidavit
U.S. tax resident seller (green card or SPT) No withholding Must provide Form W-9 or equivalent at closing
Domestic U.S. entity as seller (LLC with U.S. filing) No withholding (if compliant) Entity must be properly formed and have U.S. EIN; foreign disregarded entities may still trigger FIRPTA
Seller obtains withholding certificate IRS-determined amount Net gain, not gross IRS Form 8288-B; typically takes 90+ days; must be filed before closing
Who is a "non-resident alien" (NRA) for FIRPTA purposes? A foreign national who does NOT hold a U.S. green card AND does NOT meet the Substantial Presence Test (SPT). The SPT: 31 days present in the current year + a weighted count of days in the prior 2 years totaling ≥183 days (current year × 1 + prior year × 1/3 + year before that × 1/6). Foreign nationals who meet the SPT are U.S. tax residents and are NOT subject to FIRPTA. This is a factual determination — instruct sellers to verify with their tax advisor.
Buyer liability: FIRPTA withholding is the buyer's legal obligation. If a buyer fails to withhold from a foreign seller, the IRS can collect the unpaid withholding — plus interest and penalties — from the buyer. This creates direct buyer exposure for every international closing. Agents who represent buyers and fail to flag FIRPTA may face professional liability claims.

FIRPTA Compliance Checklist — Every International Closing

Estate Tax Treaty Matrix by Country

Verified June 28, 2026

The U.S. estate tax exposure for non-resident aliens holding U.S. real property in personal name is severe — $60,000 exemption vs. $13.61M for U.S. citizens. Only a small number of countries have estate and gift tax treaties with the U.S. that provide relief. This matrix covers every major source country.

The critical distinction: An income tax treaty is NOT an estate tax treaty. The U.S. has income tax treaties with Australia, South Korea, Canada, India, and many others — these treaties prevent double taxation on rental income and gains, but do NOT reduce U.S. estate tax exposure. Only a separate estate and gift tax treaty provides estate tax relief for foreign nationals.
Country Estate Tax Treaty Income Tax Treaty NRA Exemption Estate Tax on $2M U.S. Property Recommended Structure
United Kingdom Yes Yes Proportionate exemption Significantly reduced — calculate per treaty ratio Entity still recommended for asset protection
Germany Yes Yes Proportionate exemption Significantly reduced — calculate per treaty ratio Entity still recommended
France Yes (limited) Yes Partial relief only Reduced but not eliminated Entity strongly recommended
Japan Yes Yes Proportionate exemption Significantly reduced Entity still recommended
Australia No Yes (income only) $60,000 ~$776,000 U.S. LLC owned by Australian trust required
Canada No (income treaty only) Yes $60,000 ~$776,000 Entity structuring essential
Mexico No No $60,000 ~$776,000 U.S. LLC + Mexican holding entity
Colombia No No $60,000 ~$776,000 U.S. LLC + foreign holding entity
Brazil No No $60,000 ~$776,000 U.S. LLC + foreign holding entity
Argentina No No $60,000 ~$776,000 U.S. LLC + Uruguayan/BVI holding entity
Venezuela No No $60,000 ~$776,000 (NRA only — U.S. residents exempt) Entity essential for non-U.S. resident Venezuelans
UAE No No $60,000 ~$776,000 U.S. LLC + UAE/Cayman holding entity
India No Yes (income only) $60,000 ~$776,000 Entity structuring essential
China (mainland) No Yes (income only) $60,000 ~$776,000 HK or Singapore holding + U.S. LLC
South Korea No Yes (income only) $60,000 ~$776,000 (+ Korean inheritance tax up to 50%) Korean holding entity + U.S. LLC essential
Nigeria No No $60,000 ~$776,000 (NRA only — U.S. residents exempt) Entity for Nigeria-resident buyers

Estate tax estimates assume $60,000 exemption, 40% marginal rate on the remainder above the exemption. Actual liability depends on total U.S. situs assets, applicable credits, and current applicable exclusion amount. Consult a U.S. estate planning attorney for precise calculations.

FinCEN GTO Coverage by Metropolitan Area

Verified June 28, 2026

FinCEN's Geographic Targeting Orders (GTOs) require disclosure of the beneficial ownership of legal entities making all-cash real estate purchases above the threshold in covered metropolitan areas. Current threshold: $300,000 in most covered areas. Purchases below the threshold are not covered; mortgage-financed purchases are not covered.

What must be disclosed: For any legal entity (LLC, corporation, trust, partnership) making a qualifying all-cash purchase in a covered area, the title company must collect: full legal name, address, date of birth, and unique identifying number (passport, driver's license, or U.S. tax ID) for every individual who owns or controls 25% or more of the purchasing entity. This information is transmitted to FinCEN. Failure to comply exposes the title company to civil and criminal penalties.
Florida
  • Miami-Dade County
  • Broward County
  • Palm Beach County
  • Sarasota County
  • Collier County
  • Lee County
  • Duval County (Jacksonville)
  • Orange County (Orlando)
  • Hillsborough County (Tampa)
Texas
  • Bexar County (San Antonio)
  • Dallas County
  • Tarrant County (Ft. Worth)
  • Harris County (Houston)
  • Travis County (Austin)
  • Webb County (Laredo)
  • Hidalgo County (McAllen)
New York Metro
  • New York County (Manhattan)
  • Kings County (Brooklyn)
  • Queens County
  • Bronx County
  • Richmond County (Staten Island)
  • Bergen County, NJ
  • Hudson County, NJ
  • Fairfield County, CT
California
  • Los Angeles County
  • San Diego County
  • San Francisco County
  • San Mateo County
  • Santa Clara County
  • Alameda County
  • Contra Costa County
Other Covered Areas
  • Hawaii (all counties)
  • Nevada: Clark County (Las Vegas)
  • Illinois: Cook County (Chicago)
  • Massachusetts: Suffolk County (Boston)
  • Washington: King County (Seattle)
  • Arizona: Maricopa County (Phoenix)
GTO coverage changes: FinCEN updates GTO coverage through Treasury Department orders. The counties listed above reflect current coverage as of 2025 but may expand. Practitioners should verify current coverage status with the title company before any large all-cash entity transaction. The permanent beneficial ownership disclosure rule (effective 2025) applies nationally and independently of GTOs.

Capital Controls Quick Reference by Country

Verified June 28, 2026

The logistical challenge of getting international funds to a U.S. closing is governed by each source country's foreign exchange rules. This quick reference covers the key limits, regulatory bodies, and wire timelines for every major corridor.

Country Annual Outbound Limit Regulatory Body Wire Timeline (from country) Key Note
Canada No limit FINTRAC (AML reporting) 1–3 business days Clean corridor — no capital control friction
Australia No limit AUSTRAC (AML reporting) 1–3 business days Cleanest corridor globally — no controls, English-speaking
United Kingdom No limit FCA (AML reporting) 1–3 business days Large transfers require source of funds documentation
UAE / GCC No limit (AED/USD pegged) CBUAE 2–5 business days AED/USD peg eliminates currency risk; FATF enhanced screening
Colombia DIAN reporting, moderate controls Banco de la República / DIAN 5–10 business days Large transfers require DIAN declaration; Banco de la República Form 4 required for RE purchases
Brazil BACEN compliance required Banco Central do Brasil 5–10 business days All outbound RE transfers require BACEN registration; allow extra time for bank compliance
Mexico SAT reporting required for large transfers SAT / Banxico 5–10 business days SAT foreign asset reporting obligation on the buyer; Mexican banks may request documentation
India (FEMA/LRS) $250,000 USD/year per person Reserve Bank of India (RBI) 7–14 business days NRIs (non-resident Indians with foreign income) have no LRS cap; India-resident buyers are capped. EB-5 and property purchases from existing NRE accounts may be structured separately
South Korea $50,000 USD/year — MOSF approval above Ministry of Strategy and Finance / Bank of Korea 10–21 business days with approval Above $50K requires MOSF approval — procedural but adds 2–3 weeks. Most large Korean buyers fund from offshore accounts accumulated over time.
China (SAFE) $50,000 USD/year — most restrictive State Administration of Foreign Exchange (SAFE) Typically via offshore accounts Almost no mainland Chinese buyer wires directly from China. Funds come from HK, Singapore, or Cayman offshore accounts. Source of funds documentation traces through these accounts.
Argentina (Cepo) ~$200 USD/month official Banco Central de la República Argentina (BCRA) Wires from Uruguay/offshore only No Argentine buyer wires from Argentina. Capital is in Uruguayan banks, Cayman accounts, or U.S. bank accounts accumulated over years. Milei administration has partially relaxed — verify current status with transaction attorney.
Nigeria CBN compliance required; large transfers need documentation Central Bank of Nigeria (CBN) 4–8 weeks 2023 exchange rate unification simplified the process but CBN still requires documentation for large outbound transfers. Work with Nigerian bank experienced in international RE. Most Nigerian-American buyers fund from U.S. accounts — no CBN issue.
Venezuela Effectively no outbound transfers BCV (Banco Central de Venezuela) Not applicable Venezuelan buyers are almost universally already U.S. residents with U.S.-earned capital. Direct Venezuela-to-U.S. wire is not a realistic scenario in the current environment.

Entity Structure Guide for Foreign Buyers

Verified June 28, 2026

The right entity structure eliminates FIRPTA exposure at sale, removes estate tax exposure at death, provides asset protection, and creates a clean rental income reporting framework. The wrong structure — or no structure — creates avoidable liability. Here are the standard structures by buyer profile.

Structure A — U.S. LLC Owned by Foreign Holding Company (Most Common)

FIRPTA at saleEliminated
Estate tax protectionYes — foreign entity holds the asset
Asset protectionStrong
Complexity / costModerate — two-tier structure
Best forColombian, Argentine, Brazilian, Mexican, UAE, Nigerian buyers
Holding co. jurisdictionUruguay, BVI, Cayman, Panama, Singapore

Structure B — U.S. C-Corporation (Domestic)

FIRPTA at saleEliminated
Estate tax protectionYes
Rental income treatmentCorporate tax + dividend tax on distribution = double tax
Best forLarge commercial portfolios; not residential investment

Structure C — Foreign Trust Owning U.S. LLC

FIRPTA at saleEliminated
Estate tax protectionYes — and succession planning benefits
Cross-border successionStrong — trust handles multi-generation transfer
Complexity / costHigh — foreign trust formation and reporting
Best forUAE family offices, Korean HNW, Indian HNW with complex multi-jurisdiction estate

Structure D — Personal Name (No Entity) — Not Recommended

FIRPTA at sale15% withheld on gross price
Estate tax protectionNone — $60K exemption only
Asset protectionNone
When acceptableOnly for U.S. tax residents (green card / SPT) — not for foreign nationals
Structure for the long term, not for today's deal. Entity structure decisions made at purchase cannot be easily changed later without triggering FIRPTA withholding on the deemed transfer and potential gift tax issues. If a foreign national purchases in personal name and later wants to transfer to an entity, that transfer is a taxable event. Structure at purchase, not after.

Need Legal Help
Applying These Frameworks?

Truestead Law provides entity structuring, FIRPTA compliance, and cross-border closing coordination for foreign nationals purchasing U.S. real estate.