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Updated over 8 years ago, 06/19/2016

User Stats

234
Posts
132
Votes
Amanda Sutherlin
  • Flipper/Rehabber
  • Spring Hill, FL
132
Votes |
234
Posts

Seller lives in Canada, selling home in FL. How much Cap gains?

Amanda Sutherlin
  • Flipper/Rehabber
  • Spring Hill, FL
Posted

Home owner lives in Canada and is selling a vacation home in FL. How much capital gains tax will she be hit with if any? 

User Stats

1,967
Posts
1,323
Votes
Bill Exeter
Pro Member
#2 1031 Exchanges Contributor
  • 1031 Exchange Qualified Intermediary
  • San Diego, CA
1,323
Votes |
1,967
Posts
Bill Exeter
Pro Member
#2 1031 Exchanges Contributor
  • 1031 Exchange Qualified Intermediary
  • San Diego, CA
Replied

Hi Amanda,

Is this a vacation home used solely for personal use, or is there any seasonal rental activity involved so that they might qualify for a tax-deferred exchange? 

Also, either way, a foreign seller will have to satisfy the FIRPTA withholding  requirements, so I would have their U.S. tax advisor review the FIRPTA requirements so that they are prepared to deal with that issue upon sale. 

Federal capital gains will be 15% or 20% depending upon their tax bracket.  Florida does not have any state taxes, so they are good there.

  • Bill Exeter
  • User Stats

    234
    Posts
    132
    Votes
    Amanda Sutherlin
    • Flipper/Rehabber
    • Spring Hill, FL
    132
    Votes |
    234
    Posts
    Amanda Sutherlin
    • Flipper/Rehabber
    • Spring Hill, FL
    Replied

    She used it only for personal use, it was never a rental.

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    User Stats

    234
    Posts
    132
    Votes
    Amanda Sutherlin
    • Flipper/Rehabber
    • Spring Hill, FL
    132
    Votes |
    234
    Posts
    Amanda Sutherlin
    • Flipper/Rehabber
    • Spring Hill, FL
    Replied

    I'll have to Google FIRPTA as I don't know what that is.

    User Stats

    234
    Posts
    132
    Votes
    Amanda Sutherlin
    • Flipper/Rehabber
    • Spring Hill, FL
    132
    Votes |
    234
    Posts
    Amanda Sutherlin
    • Flipper/Rehabber
    • Spring Hill, FL
    Replied
    Originally posted by @Bill Exeter:

    Hi Amanda,

    Is this a vacation home used solely for personal use, or is there any seasonal rental activity involved so that they might qualify for a tax-deferred exchange? 

    Also, either way, a foreign seller will have to satisfy the FIRPTA withholding  requirements, so I would have their U.S. tax advisor review the FIRPTA requirements so that they are prepared to deal with that issue upon sale. 

    Federal capital gains will be 15% or 20% depending upon their tax bracket.  Florida does not have any state taxes, so they are good there.

    HI, its used for personal use only and never was a rental. I'm reading into the FIRPTA now