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Selling Your DVC Membership as a Non-U.S. Citizen?

What is FIRPTA and Why Does It Matter?

What is FIRPTA?

Content:

  1. FIRPTA stands for Foreign Investment in Real Property Tax Act. It’s a federal tax law that applies when a non-U.S. citizen sells U.S. property — including Disney Vacation Club (DVC) memberships.
  2. The IRS requires 15% of the gross sales price to be withheld from the seller and sent to the IRS. The law helps ensure that international sellers pay taxes owed on real estate transactions.

You might be impacted if:

  • You’re not a U.S. citizen
  • You don’t hold a green card
  • You haven’t spent enough time in the U.S. to qualify as a tax resident

💡 This 15% withholding is often more than what is actually owed in taxes. Sellers can apply for a refund of the difference.

Do I Need to Worry About FIRPTA?

Who Does FIRPTA Apply To?

Checklist-style Format:

FIRPTA affects you if:

  • You do not hold a green card
  • You haven’t lived in the U.S. long enough to be considered a resident for tax purposes

Reminder:

The buyer is responsible for withholding and submitting the 15% to the IRS. If they fail to do so, they may face penalties — so confirming your residency status matters!

How to Avoid FIRPTA Withholding

Ways to Avoid FIRPTA Withholding

Content:

You may not have to deal with FIRPTA withholding if any of the following apply:

  • You have a valid U.S. Social Security Number or an Individual Taxpayer Identification Number (ITIN)
  • You plan to reinvest the proceeds into another U.S. property or business
  • You made no profit on the sale

Need an ITIN?:

If you don’t have one, you can apply when submitting FIRPTA paperwork. But this can take time — we recommend contacting a FIRPTA specialist early to avoid delays in closing.

💡 Pro Tip:

The IRS might refund part (or all) of the 15% if your actual tax owed is lower. You can apply for a refund after closing or submit early forms to request it sooner.

FIRPTA and DVC Resale: How It Works

Selling Your DVC Membership as a Non-U.S. Citizen

Content:

When you sell your Disney Vacation Club membership through DVC Sales, we’ll help you determine if FIRPTA applies.
If it does:

  • Our title company will withhold the required 15% and send it to the IRS
  • We’ll assist you (for a small additional fee) in working with a FIRPTA compliance expert to apply for a refund
  • We’ll keep the process smooth so your sale isn’t delayed

Note: Even if you’re entitled to a refund, FIRPTA still requires the 15% to be withheld upfront.

FIRPTA and DVC Resale: How It Works

Selling Your DVC Membership as a Non-U.S. Citizen

Content:

When you sell your Disney Vacation Club membership through DVC Sales, we’ll help you determine if FIRPTA applies.
If it does:

  • Our title company will withhold the required 15% and send it to the IRS
  • We’ll assist you (for a small additional fee) in working with a FIRPTA compliance expert to apply for a refund
  • We’ll keep the process smooth so your sale isn’t delayed

Note: Even if you’re entitled to a refund, FIRPTA still requires the 15% to be withheld upfront.

Who Files What? Buyer vs. Seller Table

What Each Party Needs to Do Under FIRPTA

Seller Buyer Seller Must Fill FIRPTA Forms Buyer Must Provide
Non–US Non–US Yes SSN or ITIN
Non–US US Yes ---
US Non-US No ---
US US No ---

Reminder:

Even if you’re the buyer, you’re responsible for making sure the withholding is handled correctly!

FIRPTA Refund Estimator

Estimate Your FIRPTA Refund

Intro Text:

Use the example below as a guide to see how much of the 15% you might be able to recover. For a personalized estimate, talk to a FIRPTA specialist.

Buying Selling
Contract Price
Real Estate Commission paid by the Seller $690.00
Closing Costs paid when buying and selling
Disney’s Estoppel Fee $150.00
Certified FIRPTA agent fee
Amount sent to the IRS (15% of the selling price) $0.00
Net to Seller at Closing $0.00
The income that the seller should expect to pay taxes on $0.00
Tax payment due to IRS (assuming 20% rate) $0.00
Estimated Refund $0.00
Percent of FIRPTA withholding returned to the Seller 0%