Manhattan real estate attorney Peter Zinkovetsky (https://www.avenuelawfirm.com/firpta-withholding-in-new-york/), of Avenue Law Firm, has shared valuable insights into FIRPTA withholding and its implications for real estate transactions in New York. As real estate transactions in the state often involve foreign sellers, understanding FIRPTA (Foreign Investment in Real Property Tax Act) is crucial for ensuring compliance with federal tax regulations.
FIRPTA withholding is a tax law that mandates foreign sellers of U.S. real estate to withhold a percentage of the gross sale price at closing, ensuring that the IRS can collect taxes on the sale. Manhattan real estate attorney Peter Zinkovetsky emphasizes the importance of navigating this process correctly to avoid potential legal issues and financial penalties. “FIRPTA can be a complicated aspect of real estate transactions, particularly for foreign sellers. It’s essential to understand the requirements to facilitate a smooth transaction,” Zinkovetsky explains.
In New York, where international real estate investments are common, the need for a thorough understanding of FIRPTA withholding is even more pronounced. Peter Zinkovetsky, a Manhattan real estate attorney with extensive experience in handling such transactions, notes that both buyers and sellers must be aware of their obligations under this law. Failure to comply can result in significant financial consequences, including penalties and interest on unpaid taxes.
Peter Zinkovetsky further highlights that FIRPTA withholding applies not only to individuals but also to foreign corporations, partnerships, trusts, and estates involved in U.S. real estate transactions. The Manhattan real estate attorney advises that it’s not just about withholding the correct amount, but also about understanding when exemptions or reduced rates may apply. “There are specific conditions under which the withholding rate may be reduced or waived, such as when the property is acquired for use as a residence by the buyer. Each case is unique, and it’s important to consult with a knowledgeable attorney to determine the appropriate course of action,” Zinkovetsky adds.
One of the critical aspects of FIRPTA withholding that Peter Zinkovetsky points out is the timing of the withholding and the filing of the necessary forms with the IRS. According to the Manhattan real estate attorney, any delay or error in filing can lead to complications in the sale process. He advises that all parties involved in a real estate transaction should seek legal guidance early in the process to help maintain compliance and avoid potential pitfalls.
Zinkovetsky also underscores the importance of communication between the parties involved in the transaction. He notes that buyers, sellers, and their respective attorneys should work closely together to further ensure that all FIRPTA requirements are met in a timely and efficient manner. “Effective communication is key to navigating the FIRPTA process successfully. When all parties are on the same page, the likelihood of encountering issues is significantly reduced,” says Zinkovetsky.
Given the complex nature of FIRPTA withholding, Peter Zinkovetsky and Avenue Law Firm can offer their clients comprehensive guidance to navigate these challenges. With a deep understanding of both New York real estate law and federal tax requirements, the firm can assist foreign sellers and their buyers in helping ensure that all FIRPTA obligations are met.
For anyone involved in a real estate transaction in New York that may be subject to FIRPTA withholding, it is essential to consult with a knowledgeable attorney such as Peter Zinkovetsky. His experience as a Manhattan real estate attorney makes him a valuable resource for both foreign and domestic clients who want to maintain compliance with federal regulations while minimizing potential tax liabilities.
About Avenue Law Firm:
Avenue Law Firm is a leading New York-based law firm well-versed in real estate law. The firm, led by Peter Zinkovetsky, can offer comprehensive legal services to clients involved in residential and commercial real estate transactions. With a deep understanding of New York’s real estate market and related tax laws, Avenue Law Firm is dedicated to helping ensure that every transaction is handled with the utmost professionalism and attention to detail.
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Website: https://avenuelawfirm.com/
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Company Name: Avenue Law Firm
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Phone: (212) 729-4090
Address:505 Park Avenue, Suite 202
City: New York
State: New York 10022
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Website: https://avenuelawfirm.com/