Escrow & Title

What is 'foreign seller FIRPTA withholding' in Hawaii real estate and when does it apply?

AA. FIRPTA withholding never applies to Hawaii property sales
BB. FIRPTA requires buyers of US real property from foreign persons to withhold 15% of the amount realized and remit it to the IRS; it applies to many Hawaii sales given the significant foreign investment in Hawaiian real estate✓ Correct
CC. FIRPTA withholding is only required for sales over $1 million in Hawaii
DD. Hawaii has its own separate withholding law that replaces FIRPTA

Explanation

The Foreign Investment in Real Property Tax Act (FIRPTA) requires buyers to withhold 15% (with some exceptions) of the amount realized from the sale of US real property by foreign persons and remit it to the IRS. Given Hawaii's significant Japanese, Chinese, and other foreign investment, FIRPTA applies frequently.

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