[WSBARP] Canadian owner & FIRPTA

Nick Pleasants npleasants at ohswlaw.com
Thu Jul 7 10:53:16 PDT 2022


I think the key is in how the inheritance is taking place. If you open a probate and have a U.S. person as the executor, they can obtain a Tax ID for the Estate, sell the property, then distribute the proceeds to the Canadian citizen. Then FIRPTA doesn’t come into play during the escrow because the Seller is the Estate.
Best,
Nick
Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Carla J. Higginson
Sent: Thursday, July 7, 2022 10:28 AM
To: cole-gilday at stanwoodlaw.net; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Garrett J. Beyer <garrett at higginsonbeyer.com>
Subject: Re: [WSBARP] Canadian owner & FIRPTA

My law partner Garrett Beyer is an international tax attorney with much experience in  such matters.  He says that would be happy to talk with you for a few minutes, as a courtesy, so feel free to contact him.

___________________________

Carla J. Higginson, Attorney
Higginson Beyer, P.S.    [cid:image003.png at 01D891EF.C258CB40]
Friday Harbor Office:
175 Second Street North, Friday Harbor, Washington 98250 | Telephone: (360) 378-2185 | Facsimile: (360) 378-3935
Seattle Office:
701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206) 623-8888 | Facsimile: (360) 378-3935

carla at higginsonbeyer.com<mailto:carla at higginsonbeyer.com>
HigginsonBeyer.com

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Robert R. Cole
Sent: Thursday, July 7, 2022 10:16 AM
To: WSBA Probate & Trust Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Canadian owner & FIRPTA


Canadian recently inherited real estate in Washington and is now selling it.  With the stepped up basis there will be no capital gains. She (and escrow) needs to know how to comply with FIRPTA.  She has no TIN in USA.
--


Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

This message contains confidential and privileged information that is intended only for the named recipient(s).  Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.  If you receive this communication in error, please notify the sender immediately.

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