[WSBARP] Non-Foreign Seller Deed Question

[marc holmeslawgroup.com]

I've got a client from India who has received an offer to purchase a house he owns in Seattle which he wants to accept.  The question is will he be able to execute the deed as he has returned to India and all U.S. consulates are closed there due to Covid.  He is not able to return to the U.S. and due to Covid he cannot travel to any other countries that have an open U.S. consulate.  Is there any other way for him to execute a deed?  I've reached out to a title company but haven't heard back so I'm hoping someone here may have some guidance.

There's also a FIRPTA question.  My understanding is that he was in the U.S. on a work visa that has since expired and he will file a U.S. tax return this year.  He is hoping the sale will close in December so FIRPTA withholding would not apply and he can use the primary residence exclusion to shield his capital gains.  If it rolls into January, would FIRPTA apply or can he file a 2021 tax return and claim the exclusion?



Marc Holmes, JD
Holmes Law Group PLLC
2303 W. Commodore Way, Suite 306
Seattle, WA 98199
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
(206) 357-4224 (ofc)
(206) 849-0853 (cell)

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