You will need to apply using form AP-201, Texas Application (PDF). Information on the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) and how it affects a foreign person with real property interest.The purchaser shall withhold from the purchase price an amount sufficient to pay all of the taxes imposed on the personal property of the business. If you sell for profit, then anything on top of what you paid for the property is treated as capital gain. Texas has no state income tax. If a foreign person is selling a U.S. real property interest, the appropriate tax must be withheld, unless there is an exception from withholding. This form is distributed when you make a home sale.