Escrow & Title

In South Dakota, 'FIRPTA' (Foreign Investment in Real Property Tax Act) may apply when:

AA foreign national buys South Dakota property
BA foreign national sells South Dakota real property and the buyer may be required to withhold a portion of the sale price for IRS purposes✓ Correct
CAny international transaction occurs in South Dakota
DProperty near an international border is sold

Explanation

FIRPTA requires buyers to withhold a portion (typically 15%) of the purchase price when buying U.S. real property from foreign nationals (non-resident aliens) and remit it to the IRS. This ensures the foreign seller pays applicable capital gains taxes on the sale.

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