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FIRPTA at the Closing Table: The 15 Percent Hold, the Buyer’s Liability, and the Seller’s Money

FIRPTA puts 15 percent of the purchase price, and personal liability, on the buyer and the closing table. Learn to verify foreign person status, apply exemptions, secure withholding certificates, and recover excess withholding through the 1040-NR refund path.

2026-10-07 12:00:00

Program Details

2026-10-07 12:00:00

2026-10-07 12:00:00

2h CLE Credits

Program Details

2026-10-07 12:00:00

Program Details

2026-10-07 12:00:00

Over 1,000+ webinars

2026-10-07 12:00:00

Course Overview

The 15 Percent Hold Is the Buyer's Problem and the Seller's Money

2026-10-07 12:00:00

FIRPTA is moving. The April 2024 final regulations and October 2025 proposed regulations reshaped the domestically controlled QIE exception. An EFTPS mandate is changing how withholding is remitted, the most significant procedural shift of 2025. The withholding decision at the closing table is no longer routine.

The stakes sit with the buyer. Treat a foreign seller as domestic and the buyer owes the 15 percent withholding under IRC § 1445. Rely on a false certification and personal liability can follow. Miss the 20-day remittance deadline and enforcement risk compounds. File Form 8288-B out of sequence and escrow holds stretch on. Skip an ITIN or EFTPS step and the seller’s refund stalls.

This two-session program gives attorneys a working framework for the withholding decision and the recovery that follows. Attendees leave with the non-foreign affidavit process, the exemption rules, and the $300,000 threshold in practice. They gain filing sequences for Forms 8288-B and 8288-A, the 1040-NR refund path, and the §1031 notice limits.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
The Withholding Obligation
Who owes the 15 percent hold and who carries personal liability at closing.
02
Foreign Person Status
Verify seller status with affidavits and substitutes while avoiding entity-level traps.
03
Exemptions and QIE Rules
Apply residence-use exemptions, the $300,000 threshold, and recent QIE exception regulations.
04
Pre-Closing Strategy
Use Form 8288-B withholding certificates to reduce the hold before closing.
05
Post-Closing Recovery
Recover excess withholding through Form 8288-A and the 1040-NR refund path.
06
Filing Mechanics and Pitfalls
Sequence ITIN, EFTPS, and §1031 steps while avoiding errors that delay refunds.

Program schedule

clock 12:00 pm - 1:00 pm EST

FIRPTA Compliance at the Closing Table: Status, Exemptions, and the Withholding Decision

This session covers the mechanics of FIRPTA withholding under IRC § 1445 at the point of closing, including how to determine whether a seller is a foreign person, which statutory exemptions eliminate or reduce the 15% withholding obligation, and how buyers and closing attorneys can meet their compliance duties. Attorneys will leave with a working command of the non-foreign affidavit process, the residence-use exemptions, entity-level status traps, the 20-day remittance deadline, and the April 2024 final regulations and October 2025 proposed regulations affecting domestically controlled QIEs. The session is designed for transactional attorneys, real estate counsel, and closing attorneys who need a practical framework for making the withholding decision and avoiding personal liability.

Natalia A. SishodiaNatalia A. Sishodia
Beatrice RaccanelloBeatrice Raccanello
clock 1:10 pm - 2:10 pm EST

Reducing and Recovering FIRPTA Withholding for the Foreign Seller

This session covers the full lifecycle of FIRPTA withholding reduction and recovery for foreign sellers, from pre-closing withholding certificate applications through post-closing refund filing. Attorneys will learn how to use Form 8288-B strategically, navigate ITIN and EFTPS procedural requirements, apply §1031 exchange mechanics to minimize withholding, and guide clients through the 1040-NR refund process. Attendees will leave with actionable knowledge of filing sequences, common errors that extend escrow holds or block refunds, and the most significant 2025 procedural change affecting FIRPTA remittance.

Natalia A. SishodiaNatalia A. Sishodia
Beatrice RaccanelloBeatrice Raccanello
Natalia A. Sishodia

Natalia A. Sishodia

Sishodia PLLC

Beatrice Raccanello

Beatrice Raccanello

Sishodia PLLC

Natalia A. Sishodia

Natalia A. Sishodia

Sishodia PLLC

Natalia A. Sishodia is the Managing Partner of Sishodia PLLC, a boutique New York City firm focused on real estate law and dispute resolution. Her practice centers on high-end real estate transactions for domestic and international clients, including foreign investors purchasing and selling United States real property, FIRPTA withholding and its exceptions, 1031 tax-deferred exchanges, and tax strategies related to cross-border transactions. She has successfully negotiated and closed hundreds of transactions in New York.

Education & Credentials

Ms. Sishodia holds an LL.M. and is admitted to practice in New York State. She is fluent in English and Russian.

Recognition & Leadership

Ms. Sishodia holds an LL.M. and is admitted to practice in New York State. She is fluent in English and Russian.

Professional Involvement

Ms. Sishodia has worked at the United Nations Headquarters with the Department of Economic and Social Affairs and the Convention on the Rights of People with Disabilities. She supports Travelogion, a nonprofit that promotes mental and emotional healing through adventurous travel for post-treatment brain cancer patients, and gives seminars at real estate agencies and schools to help educate communities about their legal rights.

Experience

Ms. Sishodia leads the firm's foreign investment practice, which guides foreign buyers and sellers of United States real property on FIRPTA withholding and its exceptions, helps clients determine whether withholding applies to a given closing, secures withholding certificates, and prepares the forms filed with the IRS in these transactions. She advises international investors on holding structures and transaction planning that can reduce or eliminate the United States taxes associated with the ownership and sale of United States real estate. She regularly guides investors through 1031 tax-deferred exchanges, and her transactional work spans condominium and co-op purchases and sales, single-family and multifamily transactions, newly developed properties, conversions, deed transfers, leasing, and lending. Her private client practice includes multijurisdictional wealth management, tax and estate planning advice, and tax strategies related to cross-border transactions for individuals, businesses, and trusts. She has worked with clients from Russia, Switzerland, Japan, Canada, the United Kingdom, the United Arab Emirates, India, Turkey, China, South Korea, Italy, France, Singapore, Bulgaria, and Ukraine, and represents high-net-worth individuals, businesses, and some of the nation's largest mortgage lenders.
Beatrice Raccanello

Beatrice Raccanello

Sishodia PLLC

Beatrice Raccanello is an attorney with Sishodia PLLC in New York City, where she works extensively with the firm’s international clients on residential real estate transactions. Fluent in English, Italian, Spanish, and French, she has represented purchasers and sellers of single-family and multifamily properties and co-op and condominium apartments across New York, guiding transactions from due diligence through contract negotiation and the preparation of closing documents.

Education & Credentials

Ms. Raccanello holds a JD from Bocconi University, an LL.M. from the Temple University Beasley School of Law, and an MBA in Strategic Management from the Fox School of Business. She is admitted to practice in New York State.

Recognition & Leadership

Ms. Raccanello serves as the Director for Compliance and Ethics at Temple Law School.

Professional Involvement

Ms. Raccanello is vice-chair of the Lawyers Abroad committee of the American Bar Association, a committee serving United States-licensed lawyers who practice outside the United States.

Experience

Ms. Raccanello's transactional practice covers New York residential real estate closings for domestic and international purchasers and sellers, and she has been involved in all facets of these transactions, including due diligence, contract drafting and negotiation, and the preparation of closing documents. She also supports the firm's business law practice, advising on business formation, contract drafting, contract negotiation, and regulatory compliance.
Natalia A. Sishodia

Natalia A. Sishodia

Sishodia PLLC

Natalia A. Sishodia is the Managing Partner of Sishodia PLLC, a boutique New York City firm focused on real estate law and dispute resolution. Her practice centers on high-end real estate transactions for domestic and international clients, including foreign investors purchasing and selling United States real property, FIRPTA withholding and its exceptions, 1031 tax-deferred exchanges, and tax strategies related to cross-border transactions. She has successfully negotiated and closed hundreds of transactions in New York.

Education & Credentials

Ms. Sishodia holds an LL.M. and is admitted to practice in New York State. She is fluent in English and Russian.

Recognition & Leadership

Ms. Sishodia holds an LL.M. and is admitted to practice in New York State. She is fluent in English and Russian.

Professional Involvement

Ms. Sishodia has worked at the United Nations Headquarters with the Department of Economic and Social Affairs and the Convention on the Rights of People with Disabilities. She supports Travelogion, a nonprofit that promotes mental and emotional healing through adventurous travel for post-treatment brain cancer patients, and gives seminars at real estate agencies and schools to help educate communities about their legal rights.

Experience

Ms. Sishodia leads the firm's foreign investment practice, which guides foreign buyers and sellers of United States real property on FIRPTA withholding and its exceptions, helps clients determine whether withholding applies to a given closing, secures withholding certificates, and prepares the forms filed with the IRS in these transactions. She advises international investors on holding structures and transaction planning that can reduce or eliminate the United States taxes associated with the ownership and sale of United States real estate. She regularly guides investors through 1031 tax-deferred exchanges, and her transactional work spans condominium and co-op purchases and sales, single-family and multifamily transactions, newly developed properties, conversions, deed transfers, leasing, and lending. Her private client practice includes multijurisdictional wealth management, tax and estate planning advice, and tax strategies related to cross-border transactions for individuals, businesses, and trusts. She has worked with clients from Russia, Switzerland, Japan, Canada, the United Kingdom, the United Arab Emirates, India, Turkey, China, South Korea, Italy, France, Singapore, Bulgaria, and Ukraine, and represents high-net-worth individuals, businesses, and some of the nation's largest mortgage lenders.
Beatrice Raccanello

Beatrice Raccanello

Sishodia PLLC

Beatrice Raccanello is an attorney with Sishodia PLLC in New York City, where she works extensively with the firm’s international clients on residential real estate transactions. Fluent in English, Italian, Spanish, and French, she has represented purchasers and sellers of single-family and multifamily properties and co-op and condominium apartments across New York, guiding transactions from due diligence through contract negotiation and the preparation of closing documents.

Education & Credentials

Ms. Raccanello holds a JD from Bocconi University, an LL.M. from the Temple University Beasley School of Law, and an MBA in Strategic Management from the Fox School of Business. She is admitted to practice in New York State.

Recognition & Leadership

Ms. Raccanello serves as the Director for Compliance and Ethics at Temple Law School.

Professional Involvement

Ms. Raccanello is vice-chair of the Lawyers Abroad committee of the American Bar Association, a committee serving United States-licensed lawyers who practice outside the United States.

Experience

Ms. Raccanello's transactional practice covers New York residential real estate closings for domestic and international purchasers and sellers, and she has been involved in all facets of these transactions, including due diligence, contract drafting and negotiation, and the preparation of closing documents. She also supports the firm's business law practice, advising on business formation, contract drafting, contract negotiation, and regulatory compliance.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs