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FIRPTA – The Foreign Investment in Real Property Tax Act of 1980

August 25, 2020 by khproperties Leave a Comment

FIRPTA - The Foreign Investment in Real Property Tax Act of 1980

The first time you hear someone say FIRPTA out loud (sound it out as if it was a word and not an acronym), you’re more than likely to think that person is making words up. Like many acts of the US government, FIRPTA has a much lengthier and descriptive name: The Foreign investment in Real Property Tax Act of 1980. The act allows for tax withholding and reporting when a “foreign person” (see below) sells real estate in the United States. FIRPTA puts the obligations for withholding and reporting onto the buyer, which can make it a little frightening if you’ve never dealt with it as a buyer. As with most things in real estate, it’s all a matter of asking the right questions and talking to qualified people who understand FIRPTA and know how best to advise you when you find yourself in this situation.

First, let’s define “foreign person.” According to FIRPTA, a foreign person is 1) an individual that is not a US citizen or a resident alien, 2) a foreign corporation that is not being treated as a domestic corporation, or 3) a foreign partnership, trust, or estate.

Under FIRPTA, a buyer must withhold a percentage of the “amount realized” (purchase price) and within 20 days of closing report and pay the tax to the IRS. The percentage is determined by several conditions. If the buyer is acquiring property that is not intended to be their residence, FIRPTA requires the buyer to withhold 15%. If the property being acquired is going to be the buyer’s residence, then the percentage of withholding ranges from 0-15% and depends on the sales price. Up to $300,000 it is 0%, over $300,000 and up to $1,000,000 it is 10%, and over $1,000,000 it is 15%. Like many IRS regulations, there are exemptions.

If you are notified that your transaction has triggered FIRPTA, you should call an attorney, CPA, or other tax professional, preferably one familiar with The Foreign Investment in Real Property Tax Act of 1980. As there are exemptions, these professionals can guide you through your situation and recommend what your next steps will be. In many cases, a consultation with a tax professional will allow you to know the seller may be exempt and you as a buyer can move to closing without any further action. Exemptions include a sales price of less than $300,000, a seller able to provide an Affidavit of Non-Foreign Status, a seller providing a FIRPTA Withholding Certificate from IRS, and when sellers are participating in a 1031 exchange and can provide the appropriate information about the sale in writing. As with anything of this nature, the laws and how they work can change over time and we are not tax professionals, so it is best to ask your CPA for tax advice.

In our experience, many of the title companies will provide access and a free consultation with a tax professional who can advise you on your next steps and whether or not you will need to withhold. Further time may be required if it is decided that withholding is necessary as there are rules and as you well know with the IRS, there will be forms to be filled out.

As it is tax related, there are penalties for not withholding the appropriate amount, not reporting it, and not reporting it within the allowed amount of time. And the IRS can tag on interest as well – so you really want to make sure you follow the letter of the law on this one (which is why we highly recommend a tax professional, particularly one with experience with FIRPTA).

While FIRPTA can seem scary at first, with a little patience and consultation with the right people, you can get through the regulations and successfully close on your new home or other property.

image courtesy of cafecredit

Filed Under: Buying a Home Tagged With: buying a home, irs, tax, firpta

Organize Your Move: Moving Checklist

January 10, 2020 by khproperties Leave a Comment

Image of a pen and paper, with a moving day checklist

Whether you’re buying a home or selling your home, once you’ve left the closing table and everything is signed off on and the loan is funded, you’re going to have to move. Moving can be a bit of a crazy time for anyone – boxes everywhere, the fear of packing that one thing you know you’re going to need on the last day, the decisions of which boxes go where, the physical stress of the move – it’s a lot. Some people go it alone, some people hire the professionals, but no matter which way you decide to go, you can always benefit from a moving checklist. A simple list of what to do and when to do it. While everyone may have different items they want to add to the list, we thought a simple, basic list would help get you started. You can download a PDF of our moving checklist by clicking on the image below.

Moving Checklist – Download

Image of Kimberly Howell Properties Moving Day Checklist
Download a PDF version of our moving checklist.

image courtesy of myguys.nova

Filed Under: Homeowner Tips Tagged With: selling a home, home buying, moving

Beneficios de ser dueño de su propia casa.

October 18, 2019 by khproperties Leave a Comment

Beneficios de ser dueño de su propia casa.

Felicidad: No hay nada que se compare a la sensación de tener su propio hogar. Puede arreglarlo, darle su propio estilo, tener un perro o un gato, e incluso plantar un árbol si lo desea. ¡Solo imaginarlo causa alegría!

Ahorro de impuestos: el gobierno recompensa a los propietarios de viviendas proporcionándoles excelentes beneficios en los impuestos. El interés pagado por su hipoteca y otros gastos relacionados con el hogar generalmente se pueden deducir de sus ingresos.

Apreciación: Hay un crecimiento de valor en las viviendas con el paso del tiempo; este aumento se convierte en ganancia cuando sea el momento de re-financiar o vender la propiedad.

Renta variable: tanto rentar como alquilar se puede comparar a pagar 100% de interés, pero cuando usted es dueño de una casa y cuenta con una hipoteca, una parte del pago se destina al saldo principal de su préstamo. Esto construye su capital y actúa como una cuenta de ahorros.

Vida en comunidad: quienes son dueños de sus casas son más propensos a permanecer en sus hogares 4 veces más que quienes rentan propiedades. Esto brinda la oportunidad de conocer a sus vecinos y conectarse con su comunidad.

Educación: las investigaciones muestran que los hijos de los propietarios de viviendas obtienen puntajes más altos en exámenes y se gradúan en un porcentaje más alto que los hijos de inquilinos.

¿Necesita un agente de bienes raíces que hable español?

Filed Under: Buying a Home Tagged With: home buying, espanol, spanish

A Bird’s Eye View of 650 Winding Ravine

August 9, 2019 by khproperties Leave a Comment

650 Winding Ravine - Stadler Custom Homes

As 650 Winding Ravine continues to take shape, Stadler Custom Homes has provided us with some new drone footage to share with you. The home, which is being built to benefit the Military Warriors Support Foundation and the San Antonio Food Bank, will be sold with all net proceeds going to these two terrific charities. Kimberly Howell Properties is thrilled to be a part of this project and we’re excited to see the home take shape. The home will be a 4,814 square foot, four bedroom, 3.5 bath contemporary luxury home right in the heart of Stone Oak. There aren’t many opportunities like this left in Stone Oak and with all of the proceeds being donated to worthy causes, this home will be something you can be proud of for many reasons. If you’d like to schedule a tour, please contact Kimberly Howell.

 

Filed Under: Real Estate Tagged With: stone oak, hidden canyon, stadler custom homes, military warrior support foundation

Downpayments: How Much Should You Pay Up Front?

July 10, 2019 by khproperties Leave a Comment

Pondering Downpayment

If you’re going to be buying a home any time soon, you’re going to need to start thinking about your downpayment. Typically expressed as a percentage of the sales price, the downpayment is often one of the more difficult obstacles for people to overcome on their way to home ownership. You’ll need to budget your money and save up enough to make your downpayment, but how much will you need? You’ve probably heard the rule – you’ll need to save for a 20% downpayment before you buy a home. The logic behind saving 20% is solid, as it shows that you have the financial discipline and stability to save for a long term goal and it can also help you get favorable interest rates from your lender. Additionally, the bigger your downpayment, the less you need to borrow, so the less you’ll pay in interest in the long run.

But there can actually be financial benefits to putting down a smaller downpayment — as low as three percent – rather than parting with so much cash up front, even if you have the money available.

The Downside of a Small Downpayment

The downsides of a smaller downpayment are pretty well known. You’ll have to pay private mortgage insurance (often referred to as just PMI) for years, and the lower your downpayment, the more you’ll pay. You’ll also be offered a lesser loan amount than borrowers who have a 20% downpayment, which will put some higher priced homes out of reach for you when searching.

THe Upside of a Small Downpayment

The national average for home appreciation is about five percent. The appreciation is independent from your home payment, so whether you put down 20% or three percent, the increase in equity is going to be the same. If you’re looking at your home as an investment, putting down a smaller amount can lead to a higher return on investment, while also leaving more of your savings free for home repairs, upgrades, or other investment opportunities.

The Happy Medium

Of course, your home payment options aren’t binary. Most borrowers can find some common ground between the security of a traditional 20% and an investment focused, small downpayment. It’s always a good idea to talk with your Realtor and your lender to discuss the potential paths for you and to see what strategy works best for you and your personal needs.

image courtesy of AleXander Agopian

Filed Under: Buying a Home Tagged With: buying a home, home loans, downpayment

Things to Do After You Move In

April 30, 2019 by khproperties Leave a Comment

Moving In

It’s move in day! Moving into a new home is an exciting time. So much to do; trying to remember where you put your spoons or your coffee mugs, running up and down steps, paying the movers, meeting the neighbors for the first time while your hair is sticking up and you look like you just rolled out of bed, calming the cat down because she’s probably freaking out right about now…whew. Who else is tired already? Now you’re probably daydreaming about decor and paint schemes and new furniture, but before you get into the fun stuff, there are some basics you should cover first.


Change the locks. Even if you’re promised that new locks have been installed in your home, you can never be too careful. It’s worth the money to have the peace of mind that comes with knowing that no one else has the keys to your home. Even if the sellers handed you all of their keys, you never know if they made one for their uncle that time he stayed for a week or the maid and their best friend has one “just in case.” Changing the locks can be a DIY project, or you can call in a locksmith for a little extra money. It’s also advisable to change the garage door code if you have a keypad entry. Not sure how to do it? Find your model and then look up the manual at ManualsLib.


Steam clean the carpets. It’s always a good idea to get a fresh start with your floors before you start decorating. The previous owners may have had pets, young children, or just some plain old clumsiness. Take the time to steam clean the carpets so that your floors are free of stains and allergens. It will also help freshen up the smell of the new place – it’s amazing how much odor gets trapped in those carpets! It’s pretty easy and affordable to rent a steam cleaner – most HEBs carry them as well as the big box hardware stores. Not in the DIY mood? Call a steam cleaning company and have them arrive before your move in day.


Call an exterminator. Prior to move-in, you probably haven’t spent enough time in the house to get a view of any pests that may be lurking. You’ve probably had a WDI inspection, but those only look for wood destroying insects. Call an exterminator to take care of any mice, insects, and other critters that may be hiding in your home. Here in South Texas we have a lot of creepy crawlies and a good, regular pest control service will help keep the insects at bay.


Clean out the kitchen. If the previous occupants wanted to skip on some of their cleaning duties when they moved out, the kitchen is where they probably cut corners. Wipe down the inside of cabinets, clean out the refrigerator, clean the oven, and clean in the nooks and crannies underneath the appliances. If you’re feeling brave, see if you can pull out appliances like the refrigerator, stove/range, and dishwasher to get under and behind those. Be careful though, those appliances may be attached and can be heavy.

image courtesy of Genista

Filed Under: Buying a Home Tagged With: tips, advice, buying a home, moving

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Beneficios de ser dueño de su propia casa.

Beneficios de ser dueño de su propia casa.

Felicidad: No hay nada que se compare a la sensación de tener su propio hogar. Puede arreglarlo, darle su propio estilo, tener un perro o un gato, e incluso plantar un árbol si lo desea. ¡Solo imaginarlo causa … [Read More...] about Beneficios de ser dueño de su propia casa.

650 Winding Ravine - Stadler Custom Homes

A Bird’s Eye View of 650 Winding Ravine

As 650 Winding Ravine continues to take shape, Stadler Custom Homes has provided us with some new drone footage to share with you. The home, which is being built to benefit the Military Warriors Support … [Read More...] about A Bird’s Eye View of 650 Winding Ravine

Pondering Downpayment

Downpayments: How Much Should You Pay Up Front?

If you're going to be buying a home any time soon, you're going to need to start thinking about your downpayment. Typically expressed as a percentage of the sales price, the downpayment is often one of the … [Read More...] about Downpayments: How Much Should You Pay Up Front?

Loans

Credit Healthy – Credit Scores, Lenders, and Pre-Approval Letters

Agent Joyce Marie Jackson returns for another installment in her "Credit Healthy" series with information about the all important pre-approval. A very important step in the process of buying a home, a lender's … [Read More...] about Credit Healthy – Credit Scores, Lenders, and Pre-Approval Letters

FOMO

How To Create Real Estate FOMO

This week, we turn the keys over to agent Tatiana Delaserna and let her take over the blog. In this post, Tatiana discusses "FOMO" - we don't want to spoil her article, but we have to say, it's a very real … [Read More...] about How To Create Real Estate FOMO

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