Is Withholding and Filing Required Under the Foreign Investment in Real Property Tax Act (FIRPTA)?The graphic is a decision tree to determine if withholding and filing is required under FIRPTA. Start below to Determine if Withholding under IRC 1445 is RequiredThis is the start of the flowchart.Process 1Is the property disposed of a USRPI?If yes, go to process 2.If no, then no withholding required under IRC 1445.Process 2Is the transferor a foreign person (foreign individual, corporation, partnership, estate or trust)?If yes, go to process 3.If no, then no withholding required under IRC 1445.Process 3Did the withholding agent receive an exemption withholding certificate for the transaction?If no, go to process 4.If yes, then no withholding required under IRC 1445.Process 4If the transferor is a foreign corporation, did the corporation receive a valid IRC 897(i) election acceptance letter?If no, withholding must be done and submitted on Form 8288 by the 20th day after the transaction. If yes, then no withholding required under IRC 1445.Exemption from FIRPTA withholding questions:Question 1Is the USRPI a share of other interest in a domestic corporation which is a USRPHC, and any class of stock of such corporation is regularly traded?If no, then no withholding required under IRC 1445.If yes, go to Question 2.Question 2Was the interest an interest described in Treas. Reg. 1.897-9T(b) (relating to substantial amounts of nonpublicly traded interests in publicly traded corporations)?If no, then no withholding required under IRC 1445If yes, withholding must be done and submitted on Form 8288 by the 20th day after the transaction.Question 3Did the transferee purchase the property for $300,000 or less to be used as personal residence?If no, withholding must be done and submitted on Form 8288 by the 20th day after the transaction.If yes, then no withholding required under IRC 1445.Question 4Is the transferee making installment payments for a USRPI that was disposed of prior to 1/1/1985?If no, withholding must be done and submitted on Form 8288 by the 20th day after the transaction.If yes, then no withholding required under IRC 1445.Question 5Is the transferee the U.S., a state, possession, or a political subdivision of the U.S. or the District of Columbia?If no, withholding must be done and submitted on Form 8288 by the 20th day after the transaction.If yes, then no withholding required under IRC 1445.EndThis is the end of the graphic description.