Lisa- The tax is paid on all US property sold by a seller living outside the US. When that US property is sold to ANYONE the tax is owed by the seller to the United States IRS.
That's the law! We all probably hear stories of where so & so sold to his neighbor and didn't pay it. If that is the case, THEY BROKE THE LAW!!
The repurcussions can be that the IRS, when they find out about so & so not paying it, will go after the seller for the money. Just try to get a seller to come up with money they've already spent, or one that has moved to another country and can't be found!! The one thing that stays the same is the property itself, it's NOT going anywhere. If they cannot get the money from the seller they could I suppose come after the purchaser. They can put a lien on the property itself. Now the new purchaser doesn't want to pay it either so if he ever wants to sell, guess what, he must pay off the lien in order to pass a clear title and he will also owe his own 10% if he is not a US citizen, or risk doing the same thing to another buyer.
It's a real bag of worms but the nice thing about the DVC property is that in most cases it has gone up in value, so even after paying 10% they are usually ahead of the game.
I have instructed the TTS staff to inform a foreign seller upfront about this tax BEFORE he lists his property. Otherwise it can be a very unpleasant surprise for the seller! In some cases, deals, time and money are lost because of it.
When Disney ROFR's a sale and therefore does the closing, they also will take the tax out of the foreign sellers proceeds, because it is the law.
Keep in mind, I am NOT a lawyer and don't profess to know everything there is to know about this situation. I am only sharing with you what I have learned over the years and believe to be true.
Best wishes,
Tom
