Real Estate Reciprocity Act
Sponsored By: Representative Harrigan, Pat [R-NC-10]
Introduced
Summary
A 50% tax on certain foreign purchases of U.S. real estate is the bill's main tool to limit ownership by persons tied to specified foreign countries. It would also expand IRS reporting on foreign owners and require the State Department to list countries that bar U.S. citizens from owning property.
Show full summary
- Disqualified foreign buyers would face a 50% tax on the purchase price. "Disqualified" includes citizens or entities tied to listed countries and entities with 10% or more control, with narrow exceptions for diplomats, asylees, and some publicly traded firms.
- Foreign owners and presumptively disqualified persons would face a broader IRS reporting regime. The bill expands Section 6039C and creates a new Section 6050AA that requires returns, statements, designated reporters, and affidavits to show non-disqualification.
- The State Department would report to the Treasury within 60 days of enactment and then annually to identify countries that prohibit U.S. citizens from buying real estate, and those listings would define which countries are "disqualified."
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
50% tax on some foreign property purchases
If enacted, some foreign buyers would face a new tax when they buy U.S. real estate. The tax would be 50% of the price paid, or a lower prorated percent if disqualified owners hold under 50% control. A “disqualified person” would include citizens and entities tied to countries on a State Department list, using a 10% control test. Some people here for diplomatic duties or asylum, and some U.S.-listed public companies, would be excepted. The bill also tweaks what counts as U.S. real property for this tax and would apply to purchases in tax years starting after enactment.
More IRS reporting for foreign property investors
If enacted, more foreign investors who own U.S. real estate but did not run a U.S. trade or business that year would have to file a return. The bill would remove the old dollar threshold and use a broad “any” requirement. This would apply to returns for tax years that begin after enactment.
New real estate closing reports and penalties
If enacted, the person who handles the closing (like a title company, lawyer, or seller) would have to file a report when the buyer does not give a sworn affidavit that they are not disqualified. The report would include the buyer’s name, address, taxpayer ID, the property, and the amount paid. The closing person would have to request the affidavit and give the buyer a notice if it is not provided. Existing IRS penalties would apply for not filing or not giving the required statements.
Sponsors & CoSponsors
Sponsor
Harrigan, Pat [R-NC-10]
NC • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov