[WSBARP] Question about avoiding FIRPTA

Michael Safren msafren at gmail.com
Tue Sep 25 16:53:43 PDT 2018


Hello Fellow Listservs and Real Property Experts:

I have a question that I wanted to ask the group - does anyone know of any
reliable strategies to help a foreign national structure their entity so
that they can avoid FIRPTA when it comes time to sell their real property
assets?

I've seen ideas about creating a multi-party LLC, but that seems to only
move the withholding from the entity at the time of the sale down to the
members at the time of distribution and the withholding seems to be  37% to
non-corporate partners (members), and 21% for corporate foreign partners
(members).

Anyone have any other ideas/ strategies?

Thanks in advance!

Kind regards,
Michael Safren
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