SEPTEMBER 2023 BAR BULLETIN SEPTEMBER 2023 | Page 15

Basic Compliance with FIRPTA and FinCEN for Real Estate Transactions Presented by the Palm Beach County Bar Association ’ s Real Estate CLE Committee
Thursday , September 21st 11:30 a . m . – 2:00 p . m . Palm Beach Bar Office
1507 Belvedere Road , West Palm Beach This presentation will discuss various online portals required to be used for FIRPTA and FinCEN reportings , as well as required forms and filing via online portals . Additionally , we will discuss in detail the ethical obligations to comply with the provisions and requirements of the FIRPTA and FinCEN statutory regulations and ethical and legal consequences of false statements and non-compliance .
Presenters
Deborah Boyd , Esq . Catic
11:30 a . m . Lunch and Introduction of Speakers and Sponsors
S . Avery Smith , Title Counsel Catic
I .
Defining a Foreign Person
II .
FIRPTA Withholding for a residential transaction
III .
FIRPTA Withholding for a non-residential transaction
IV .
Withholding Agent
V .
Substantial Presence Test
VI .
Closing Agent Liability
VII .
Real Estate Liability
VIII .
Definitions
IX .
Basic Withholding rules
X .
Delays
XI .
Confirm withholding amount .
XII .
Reductions to Withholdings
XIII .
Exemptions from Withholding
XIV .
Financial Crimes Enforcement Network of the U . S . Dept . of Treasury ( FinCen )
XV .
FinCEN GTO
XVI .
Reporting Criteria
See I . R . S ., Pub . 519 , U . S . Tax Guide for Aliens 42 ( 2022 ).
XVII .
CFPB ’ s proposed regulation to require disclosure of information on ALL entities as to ownership .
XVIII .
Conclusion
Sponsored by :
This event has been approved for 2.5 General credits by the Florida Bar and Certification Credits include 2.5 Real Estate and 2.5 Business Litigation . Early bird cost is $ 75 for PBCBA Regular Members , $ 115 for non-PBCBA Members , PBCBA Government members pay $ 25 , and Judges are complimentary . Register online at palmbeachbar . org .