This advanced corporate legal training course focuses on the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) and the tax and regulatory implications of foreign ownership of U.S. real estate. FIRPTA imposes tax on foreign persons disposing of U.S. real property interests (USRPIs), and the course examines the statutory framework, IRS compliance mechanisms, and cross-border structuring strategies essential for legal professionals advising international investors, funds, and corporate entities.
Participants will work through real-life legal scenarios, transactional structures, withholding analysis, and post-disposition compliance. The course emphasizes practical mastery of IRS Forms 8288, 8288-A, and 8288-B, strategic entity structuring (blockers, REITs, partnerships), and tax optimization in real estate development, leasing, and disposition.
Course Objectives
By the end of this course, participants will be able to:
-
Identify what constitutes a U.S. real property interest (USRPI) under FIRPTA.
-
Analyze tax and legal consequences of acquiring, holding, and disposing of U.S. real estate.
-
Evaluate withholding obligations and secure reductions/exemptions via IRS procedures.
-
Design compliant structures to mitigate FIRPTA and related U.S. tax exposure.
-
Apply FIRPTA rules to foreign partnerships, REITs, trusts, and disregarded entities.
-
Prepare and advise on filing obligations using Forms 8288, 8288-A, and 8288-B.
-
Manage transaction closings, audit risks, and enforcement issues from a tax counsel perspective.
