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Video instructions and help with filling out and completing Firpta affidavit
Hi I'm Annie Fitzsimmons I'm your Washington Realtors Legal Hotline lawyer today we're gonna talk about FERPA the foreign investment Real Property Tax Act and we're not actually gonna spend a lot of time talking about FERPA itself because I'm not a tax expert and I don't really know very much about FERPA what I know about is how you as real estate brokers need to address the concern that FERPA has injected into our industry in the last few years now mind you Ferb that has not changed substantially in the last few years but brokers treatment of FERC has changed for the following reason if we have as the seller a non-resident alien as that term is defined by the US tax code and that person that seller fails to pay taxes required on the sale of the property then the party liable for payment of those taxes is the buyer now why does the US tax code do that because think about it for a second if we have a non-resident alien that means that they don't live in the United States and they're not citizens of the United States so how is the IRS gonna get jurisdiction over that person to go after the seller for collects or the taxes simple answer is they're not so who in the transaction can the IRS go after if that seller doesn't pay their taxes and the easy answer is the buyer so that's why FERPA is set up to force the buyer to pay taxes that the seller fails to pay and it puts the burden on the buyer to confirm the seller status under the tax code before we get to the closing table the good news is the statewide forms producer has given you the tools as the as the brokers in the transaction to make sure that buyers aren't wrongfully penalized for sellers failure to pay required taxes but you do have to know how to use the forms in order to make them effective the key form here is form 22e and if you read the Northwest MLS forms manual which is the forms manual that is instructive to you as users of the statewide forms if you read the Northwest MLS forms manual form 22e you will see that the manual indicates that form 22e should be in every single transaction I agree and the trend and the form should be put into every single transaction through the listing broker and it should be put into the transaction before we even have a buyer now how do we do that because when the listing broker prepares the listing agreement and uploads the listing agreement into the MLS system and then uploads attached documents like the exhibit a legal description or the sellers disclosure statement another document that needs to be uploaded is form 22e and in the vast majority of transactions in Washington state seller is going to mark the box that.