Can I serve as a property manager for rental property owned by a non-U.S. citizen?

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Yes. A Texas licensee can manage properties in Texas whether the owner is a U.S. citizen or not. Property managers, however, should be aware of IRS requirements concerning the rental income of foreign persons. Unless a foreign person has identified the rental income on IRS Form W-8ECI (which requires a valid U.S. tax identification number for the foreign landlord) and provided a copy of the form to the property manager, the property manager should withhold thirty percent (30%) of collected rental payments. Withholdings, if any, must then be timely remitted to the IRS. A property manager that fails to do this may face personally liability for the tax amounts that should have been paid, plus interest, penalties, and where applicable, criminal sanctions. Property managers also have an obligation each year to report annual rents collected on behalf of foreign persons on IRS Forms 1042 and 1042-S.

Source: TAR

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