FIRPTA typically requires that taxes be withheld monthly on gross rental income for non-resident aliens. Passive rental income for foreign investors is subject to a flat 30% withholding tax. The withholding requirement is on gross rather than net income and the responsibility to collect this may apply to the leasing broker or property manager. Foreign investor clients should be referred to an attorney or CPA prior to purchasing an investment property.
According to the IRS:
Before agreeing to manage U.S. real property for a foreign taxpayer, a real estate professional or rental agent should discuss with the foreign client whether the rental income will be taxed as investment income through withholding, or on a net income basis as, “effectively connected with a U.S. trade or business,” without withholding (although the owner may have to file estimated tax returns).
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There are no warranties, express or implied, including fitness for a particular purpose, made with respect to this communication. Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should obtain the advice of an attorney well versed in these matters.
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