What type of forms/paperwork need submitted when you transfer your home to a non US resident

[curiousv]

WA state..
Please note I mentioned Non US resident but she is US citizen..
in this case ..son who is US citizen wants to transfer his home to his mother who is US citizen but she is not residing in USA ..she visits USA at times but not residing at the moment...so I heard that when son transfer to non US resident person he needs to submit some forms/paperwork ...can you please suggest which forms and where does he need to submit?

 

[quincy]

You will need to ask an attorney in Washington which forms to use. That goes beyond the scope of this forum and into the practice of law.

 

[curiousv]

Ok just to be clear....I should not ask any legal question here on the forum?

 

[quincy]

Ok just to be clear....I should not ask any legal question here on the forum?

Did I say that?

You have already asked several questions and received detailed answers. But no one on this forum can tell you which forms to use (or how to fill them out).

 

[LdiJ]

WA state..
Please note I mentioned Non US resident but she is US citizen..
in this case ..son who is US citizen wants to transfer his home to his mother who is US citizen but she is not residing in USA ..she visits USA at times but not residing at the moment...so I heard that when son transfer to non US resident person he needs to submit some forms/paperwork ...can you please suggest which forms and where does he need to submit?

I can tell you that the odds of any special paperwork being required just because a US citizen is currently living abroad, are rather slim. However a local real estate attorney can best answer your question.

 

[FlyingRon]

I agree with Ldij. I don't think there's anything magic about the situation, but you need to have a professional handling the closing anyhow. There are deeds to be prepared, and the like. If Mom isn't willing to come to the US, a power of attorney is going to have to be issued to someone. The problem is likely that she will need to sign things in front of a notary. You can usually get that done at the US embassy. It might behoove her to execute a power of attorney so that you only have to have her sign once and then the attorney in fact can sign everything else as needed.

 

[Taxing Matters]

WA state..
Please note I mentioned Non US resident but she is US citizen..
in this case ..son who is US citizen wants to transfer his home to his mother who is US citizen but she is not residing in USA ..she visits USA at times but not residing at the moment...so I heard that when son transfer to non US resident person he needs to submit some forms/paperwork ...can you please suggest which forms and where does he need to submit?

If both the buyer and seller are U.S. citizens then there is no special paperwork needed. He would of course have to execute a deed for the transfer, the deed will have to be recorded, and there may be a state or local transfer tax to pay (transfer taxes are typically not all that much). You'd want to see a real estate attorney to get it right.

Now, if one of the parties was a nonresident alien (someone who is neither a citizen nor a resident of the U.S.) then there may be special things that need to be done for federal income tax purposes as a result of the Foreign Interest in Real Property Tax Act (FIRPTA).

 

[curiousv]

If both the buyer and seller are U.S. citizens then there is no special paperwork needed. He would of course have to execute a deed for the transfer, the deed will have to be recorded, and there may be a state or local transfer tax to pay (transfer taxes are typically not all that much). You'd want to see a real estate attorney to get it right.

Now, if one of the parties was a nonresident alien (someone who is neither a citizen nor a resident of the U.S.) then there may be special things that need to be done for federal income tax purposes as a result of the Foreign Interest in Real Property Tax Act (FIRPTA).

U said execute a deed for the transfer but if this overseas resident has given POA to someone ...can that attorney in fact sign the deed and complete all formalities related to transfer on his behalf ?
and when you said transfer tax...are u referring to excise tax?
Now I learned that even though US citizen resides overseas ..he is not considered nonresident alien ..the term 'nonresident alien' confused me because he is technically nonresident.

 

[Zigner]

...the term 'nonresident alien' confused me because he is technically nonresident.

But he's not an "alien"

 

[LdiJ]

U said execute a deed for the transfer but if this overseas resident has given POA to someone ...can that attorney in fact sign the deed and complete all formalities related to transfer on his behalf ?
and when you said transfer tax...are u referring to excise tax?
Now I learned that even though US citizen resides overseas ..he is not considered nonresident alien ..the term 'nonresident alien' confused me because he is technically nonresident.

There are two parts to that "non-resident" and "alien". Someone who is a US citizen might currently be a non-resident in terms of not physically residing in the US, but a US citizen cannot be an alien.

 

[Taxing Matters]

U said execute a deed for the transfer but if this overseas resident has given POA to someone ...can that attorney in fact sign the deed and complete all formalities related to transfer on his behalf ?

Probably, but without knowing all the details involved in the transfer there is no way to know for sure what the agent can do.

and when you said transfer tax...are u referring to excise tax?

States have different names for it, in Washington state it is the real estate excise tax.

Now I learned that even though US citizen resides overseas ..he is not considered nonresident alien ..the term 'nonresident alien' confused me because he is technically nonresident.

The term alien refers to anyone not a citizen of the U.S. So a nonresident alien is a person who is not a citizen and does not reside in the U.S.