WITHHOLDING RESEARCH page 9
As far as Subchapter A of Chapter 3 of Subtitle A goes, that only leaves section 1445 to deal with. It can be accessed here at this weblink: § 1445.
But if the link does not work, here is the pertinent text down to the end of (a), which gives us sufficient data without having to store the complete (lengthy) text here.
TITLE 26 > Subtitle A > CHAPTER 3 > Subchapter A > § 1445 |
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§ 1445. Withholding of tax on dispositions of United States real property interests |
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(a) General rule
Except as otherwise provided in this section, in the case of any disposition of a United States real property interest (as defined in section 897 (c)) by a foreign person, the transferee shall be required to deduct and withhold a tax equal to 10 percent of the amount realized on the disposition. |
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Parallel regulations (CFR)
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Nothing in the Title gives clues as to who or what type of entity must be withheld upon, so we must read the text to find it.
That section 1445 specifically deals with “foreign owners” who own U.S. land and sell it, and have to have 10% withheld from the amount realized.
Does that apply to most American Workers? The answer obviously is “no”.
It does not apply to me. How about you? Does it apply to you?
Please pick from the two choices below and circle it.
(1) (I am a foreigner who owns American Real Estate)
(2) (I am NOT a foreigner, as I was born here in the United States of America
or I am naturalized, or I was born to at least one American parent)
I have heard that there are some mega-wealthy Japanese Nationals that own large land holdings in Hawaii. This particular statute at 26 USC 1445 would seem to specifically apply to them, when and/or if they ever sell some of it.
That concludes the research for Subchapter A of Chapter 3, of Subtitle A of Title 26.
Lets do a recap: Please pick from one of the two choices below and circle it.
(1) (Subchapter A of Chapter 3 applies to me because either
1441, 1442, 1443, 1444, 1445 or 1446 applies to me.)
(2) NONE of Subchapter A of Chapter 3 applies to me, because
NONE of 1441, 1442, 1443, 1444, 1445 or 1446 applies to me.)
Withholding Research PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14
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