We were attempting to buy a contract which was from a foreign seller. Even though we got all of our closing paperwork into the broke, the buy did not do what he needed to with the Canadian gov in time for the closing date. So that's another story but we are starting over looking for a new contract.
Anyway, in terms of the 10% withheld, you are correct. The broker and the title company were handling everything so we did not have to do anything. However, it is my understanding that during a transaction like this, if the foreign seller does not submit the necessary information to the IRS, the buyer
can be held responsible. In our case, the closing would not go through because the seller did not do his end. So it would not have ended up that we would have to pay it, but we had to sign a form and list our ss# so that it can be demonstrated to the IRS that it was taken care of for our purchase.
The Timeshare Store and Magic Vacation Title are wonderful. They handle everything and it was very clear in the document we signed that they would handle the details necessary for the foreign sale at the close. They will not let a closing go through that could end up having the IRS come back to the buyer for the taxes.
My advice to anyone buying a contract that is from foreign seller is to make sure up front that the seller is either allowing the broker to take care of the foreign tax issues (there is a fee associated with this that the seller must pay, but it will go very smoothly & quickly) OR that a seller that may be handling him/herself has their ducks in a row at the time the offer is accepted. This was the problem with ours, the seller wanted to do it on his own to avoid paying the fee to the broker, but he has dragged his feet to do what he needed to do thus missing our closing date.