Il Reboa Law Firm sponsor dell’Italian Delegation al FITCE di Fort Lauderdale
Galleria fotografica dell’evento
























Galleria fotografica dell’evento
Italiano
Mascotte del Reboa Law Firm specializzata in difese graffianti.
English
Reboa Law Firm’s mascotte specialized in scratchy defenses.
Español
Mascota de Reboa Law Firm especializada en defensas incisivas.
Italiano
Mascotte del Reboa Law Firm specializzata nell’ululare ai giudici.
English
Reboa Law Firm’s mascotte specialized in howling to the judges.
Español
Mascota de Reboa Law Firm especializada en aullar a los jueces.
Italiano
Il maggiordomo del Reboa Law Firm, accompagna i clienti dalla sala d’attesa alle riunioni nelle stanze dei rispettivi avvocati.
English
The butler of the Reboa Law Firm, he escorts clients from the waiting room to meetings to their respective attorneys’ rooms.
Español
El chambelán de Reboa Law Firm que acompaña a los clientes desde la sala de espera a las reuniones en los despachos de los respectivos abogados.
È cambiato dal 22 giugno 2022 il foro italiano territorialmente competente per le cause di accertamento dello stato della cittadinanza italiana “iure sanguinis”.
Quando l’aspirante cittadino che si è visto ingiustamente negato il riconoscimento della cittadinanza risiede all’estero, egli non dovrà più rivolgersi al Foro di Roma, ingolfato dalle domande e quindi lento nel dare giustizia, ma dovrà agire davanti al Tribunale competente per il comune di nascita del padre, della madre o dell’avo cittadini italiani.
L’innovazione nasce dall’art. 1 co. 36 L. 206 del 26.11.2021, entrata in vigore il 24.12.2021, che ha modificato il comma 5 dell’art. 4 del decreto-legge 17.02.2017 n. 13, regolatrice della competenza in materia.
Questo il testo della nuova norma: “All’art. 4, comma 5, del decreto-legge 17.02.2017 n. 13, convertito con modificazioni, dalla legge 13 aprile 2017, n. 46, è aggiunto il seguente periodo: Quando l’attore risiede all’estero, le controversie di accertamento dello stato di cittadinanza italiana sono assegnate avendo riguardo al comune di nascita del padre, della madre o dell’avo cittadini italiani”.
FIRTPA is the acronym for Foreign Investment in Real Property Tax Act. The purpose of the act is to address the concern that it would be extremely difficult, if not impossible, to collect income tax from a taxpayer who resides abroad, especially if – after the sale – he or she does not own real estate property in the United States anymore.
FIRTPA rule is that the Buyer shall withhold 15% of the purchase price of a real estate transaction. As for every rule, it has certain exceptions: here we provide a list of the most common ones:
Unless Buyer or his or her agent knows that the certification Seller provided is false, Buyer can always rely on it and it goes exempt from every sanction in connection with the veracity of the statement.
Buyer can be required to furnish a copy of the certification to the IRS promptly and following a certain provision; should Buyer fail to do so in the time and manner prescribed, the certification will not be effective.
If Buyer, its real estate agent or the closing agent has actual knowledge that the certification is false, the real estate agent or the closing agent must notify Buyer, or they will be held liable for the tax within the limit of the compensation received for the transaction.
However, a Withholding Agent is personally liable for the full amount of FIRPTA withholding tax required to be withheld, plus penalties and interest. A Withholding Agent is any person having the control, receipt, custody, disposal, or payment of income that is subject to withholding.
You are protected in a FIRTPA situation as typically the Withholding Agent personally covers the risk connected to the withholding, but having somebody who has experience in international real estate transactions and who knows exactly how to face their challenges helps.
Questa è l’intervista agli avv.ti Romolo e Massimo Reboa a Palm Beach, Florida, rilasciata il 13 Marzo 2022, in occasione del 45° Gran Galà Il Circolo – The Italian Cultural Society
FIRTPA is the acronym of Foreign Investment in Real Property Tax Act. Purpose of the act is to address the concern that it would be extremely difficult, if not impossible, to collect income tax from a taxpayer who resides abroad especially if – after the sale – he or she does not own real estate property in the United States anymore.
The seller of real estate property in the United States is a subject to FIRPTA when he is not a US person but a foreign person for tax purposes. The buyer can rely on the affidavit provided by the seller to determine what is the seller’s status, unless the seller has reason to believe that the affidavit is false. A foreign person is a nonresident alien individual, a foreign corporation not treated as a domestic corporation, or a foreign partnership, trust, or estate. Each of those categories need to be examined separately:
A seller who is a US citizen or a US permanent resident/green card holder is exempt from FIRPTA withholding.
If the seller does not have US citizenship or a green card, he can still be considered a US person for tax purposes if he passes the substantial presence test, which consider whether the individual has spent sufficient time in the United States to make him subject to taxation. But how does the substantial presence test work?
The substantial presence test is met when the individual has been in the United States:
Finally, the substantial presence test has its own exceptions. For example, if the person is present in the United States under a F Visa (student visa) he or she will be considered non-US persons for tax purposes and so subject to FIRTPA.
US entities are not subject to FIRTPA. Once again, it will be necessary to determine who is considered to be a US entity.
To be considered as a US person for FIRTPA purposes, a trust needs to pass a two prong test:
FIRTPA is the acronym of Foreign Investment in Real Property Tax Act. Purpose of the act is to address the concern that it would be extremely difficult, if not impossible, to collect income tax from a taxpayer who resides abroad especially if – after the sale – he or she does not own real estate property in the United States anymore.
A question you may ask yourself is: why Buyer is involved in a tax matter that regards Seller? The answer is: because the solution that the IRS created to secure payment of taxes related to the capital gain on the transaction is to make the Buyer a withholding agent of Seller.
In fact, by definition Buyer has FIRTPA puts Buyer in charge of withholding and paying a portion of the purchase price to the IRS at closing, to cover the anticipated tax liability Seller will have as a consequence of the sale.
The final taxable amount is determined when the tax return is filed in the year following the transaction: at that time the IRS will directly refund Seller of any credit he or she may have (or, in the rare case in which an additional income tax is due, Seller will have to pay the difference to the IRS).
Seller shall withhold the 15% of the purchase price and pay it to the IRS within twenty (20) days after the date of the closing; the amount is considered as paid when the forms to be sent to the IRS are postmarked. The closing agent will perform this operation on behalf of Buyer; typically, the withholding appears as a debit on the Seller’s side of the closing statement.
The closing agent will cooperate with Seller’s tax lawyer or accountant for the preparation and the submission of the required documents to the IRS.
If Seller has never filed taxes in the United States and so he or she does not have a Social Security Number, an ITIN number can be requested simultaneously with the payment of the withholding to the IRS. Typically, Seller will need to provide a certified and apostilled copy of the passport.
There are special circumstances in which a reduced withholding, or no withholding, is required. Those circumstances will be better explained in another article.
Seller of real estate property in the United States is a subject to FIRPTA when he or she is not a US person but a foreign person for tax purposes. A foreign person is a nonresident alien individual, a foreign corporation not treated as a domestic corporation, or a foreign partnership, trust, or estate. However, Buyer can rely on anaffidavit provided by Seller to determine what is Seller’s status, unless Seller has reason to believe that the affidavit is false.