I have a Delaware LP being formed to acquire non-performing mortgage debt on property located in Spain. There will be both foreign persons and US persons investing in this LP. Is there a requirement to withhold tax on the transaction as it related to the foreign investors with the debt is sold at a gain later on?
I think that since the mortgage debt is not effectively connect to the US there is no requirement to withhold any tax on the transaction under FRPTA
A second question that I have is if there is any FRPTA withholding requirement when a foreign person sells an interest in an LLC to someone else when the underlying property owned by the LLC is a non-performing US real estate mortgage. I know there is a requirement if the LLC invests in US Real Property Interest but I thought I saw that investments in financial instruments are exempt.