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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I am a UK citizen and resident who purchased a condo in the

Customer Question

I am a UK citizen and resident who purchased a condo in the Bahama Bay area of Florida in 2007. The purchase was arranged through a UK property company for investment purposes, and they arranged for the Bahama Bay Resort & Spa rental and management company to look after it's maintenance and to rent out the property as a holiday let.
Recently, the management company was taken over by a new company (Wyndham Vacation Rentals) who have informed me that I must provide an IRS form W-8 or face a 30% tax deduction on all rental income received. Furthermore I have been informed that because I have not filed tax returns for the previous years I am liable for a 30% withholding plus interest plus penalties for all rental received from the date of purchase.
Naturally, I am very unhappy that the original company failed to implement this requirement. At the very least, I believe they had a duty to make this tax withholding from the outset, thus sparing me the pain of the accumulation of back tax, interest and penalties. I would like a legal opinion of my position, and whether I have any redress against the original company.
Thank you
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 3 years ago.

Good Afternoon, My name is Andrea and it will be my pleasure to assist you with your question today; my goal is to provide you with Excellent Service,



Management companies which rent and manage properties on behalf of their owners are not qualified, nor are they licensed to give tax advice or investment tax advice to investors in real estate. They could lose their real estate license if they exceed their authority in this regard. It is normal and natural for them to assume that an investor has secured tax advice from one who is licensed to give such advice. Under these circumstances, I would be remiss if I told you that you had any recourse against the management company which managed your investment property.


I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold the law applicable to your situation against me,




Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,


Bonus and Positive Feedback on survey is very much appreciated,


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