U.S. Withholding Tax Return for Form 8288 (Rev. November 2006) Dispositions by Foreign Persons of OMB No. 1545-0902 Department of the Treasury Internal Revenue Service U.S. Real Property Interests Complete Part I or Part II. Also complete and attach Copies A and B of Form(s) 8288-A. (Attach additional sheets if you need more space.) Part I To Be Completed by the Buyer or Other Transferee Required To Withhold Under Section 1445(a) 1 Name of buyer or other transferee responsible for withholding (see page 6) Identifying number Street address, apt. or suite no., or rural route. Do not use a P.O. box. City or town, state, and ZIP code Phone number (optional) ( ) 2 Description and location of property acquired 3 Date of transfer 4 Number of Forms 8288-A attached 5 Amount realized on the transfer 6 Check applicable box. 7 Amount withheld a Withholding is at 10% b Withholding is of a reduced amount Part II To Be Completed by an Entity Subject to the Provisions of Section 1445(e) 1 Name of entity or fiduciary responsible for withholding (see instructions) Identifying number Street address, apt. or suite no., or rural route. Do not use a P.O. box. City or town, state, and ZIP code Phone number (optional) ( ) 2 Description of U.S. real property interest transferred or distributed 3 Date of transfer 4 Number of Forms 8288-A attached 5 Complete all items that apply. 6 Total amount withheld a Amount subject to withholding at 35% b Amount subject to withholding at 10% c Amount subject to withholding at reduced rate d Large trust election to withhold at distribution Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Sign Here Signature of withholding agent, partner, fiduciary, or corporate officer Title (if applicable) Date Date Preparer’s SSN or PTIN Paid Preparer’s Check if self- signature employed Preparer’s Firm’s name (or EIN Use Only yours if self-employed) ZIP code and address For Privacy Act and Paperwork Reduction Act Notice, see the instructions. Cat. No. 62260A Form 8288 (Rev. 11-2006) Form 8288 (Rev. 11-2006) Page 2 Section references are to the Internal Amount To Withhold Where To File Revenue Code unless otherwise noted. Generally, you must withhold 10% of the If you are filing in 2006, send Form 8288 amount realized on the disposition by with the amount withheld, and Copies A General Instructions the transferor (see Definitions on and B of Form(s) 8288-A to Internal page 3). Revenue Service, Philadelphia, PA Purpose of Form See Entities Subject to Section 1445(e) 19255. If you are filing after 2006, send A withholding obligation under section on page 5 for information about when Form 8288 with the amount withheld, 1445 is generally imposed on the buyer withholding at 35% is required. Also see and copies A and B of Form(s) 8288-A or other transferee (withholding agent) Withholding certificate issued by the IRS to the Ogden Service Center, when a U.S. real property interest is on page 4 for information about applying P.O. Box 409101, Ogden, UT 84409. acquired from a foreign person. The for reduction or elimination of withholding obligation also applies to withholding. Forms 8288-A Must Be foreign and domestic corporations, Attached qualified investment entities, and the Joint transferors. If one or more foreign fiduciary of certain trusts and estates. persons and one or more U.S. persons Anyone who completes Form 8288 must This withholding serves to collect U.S. jointly transfer a U.S. real property also complete a Form 8288-A, tax that may be owed by the foreign interest, you must determine the amount Statement of Withholding on person. Use this form to report and subject to withholding in the following Dispositions by Foreign Persons of U.S. transmit the amount withheld. manner. Real Property Interests, for each person 1. Allocate the amount realized from subject to withholding. Copies A and B You are not required to of Form 8288-A must be attached to the transfer among the transferors based TIP withhold if any of the on Exceptions (which begin on their capital contribution to the Form 8288. Copy C is for your records. page 3) apply. property. For this purpose, a husband After receipt of Form 8288 and and wife are treated as having Form(s) 8288-A, the IRS will stamp Copy Who Must File contributed 50% each. B of Form 8288-A to show receipt of the A buyer or other transferee of a U.S. real 2. Withhold on the total amount withholding and will forward the property interest, and a corporation, allocated to foreign transferors. stamped copy to the foreign person qualified investment entity, or fiduciary subject to withholding at the address 3. Credit the amount withheld among shown on Form 8288-A. that is required to withhold tax, must file the foreign transferors as they mutually Form 8288 to report and transmit the agree. The transferors must request that You are not required to furnish a copy amount withheld. If two or more persons the withholding be credited as agreed of Form 8288 or 8288-A directly to the are joint transferees, each is obligated to upon by the 10th day after the date of transferor. To receive credit for the withhold. However, the obligation of transfer. If no agreement is reached, withheld amount, the transferor generally each will be met if one of the joint credit the withholding by evenly dividing must attach the stamped Copy B of transferees withholds and transmits the it among the foreign transferors. Form 8288-A to a U.S. income tax return required amount to the IRS. (for example, Form 1040NR or 1120-F) Do not use Forms 8288 and 8288-A When To File or application for early refund filed with for the following distributions. the IRS. A transferee must file Form 8288 and 1. A distribution of effectively transmit the tax withheld to the IRS by You are required to include connected income by a publicly traded the 20th day after the date of transfer. the taxpayer identification partnership is subject to the withholding You must withhold even if an numbers (TIN) of the transferor requirements of section 1446. CAUTION and transferee on Forms 8288 application for a withholding certificate is 2. A distribution from a trust that is or has been submitted to the IRS on the and 8288-A. A stamped copy of Form regularly traded on an established date of transfer. However, you do not 8288-A will not be provided to the securities market is subject to section have to file Form 8288 and transmit the transferor if the transferor’s TIN is not 1445, but is not reported on Forms 8288 withholding until the 20th day after the included on that form. In this case, to and 8288-A. day the IRS mails you a copy of the get credit for the withheld amount, the 3. A distribution by a qualified withholding certificate or notice of transferor must attach to its U.S. income investment entity to a nonresident alien denial. But if the principal purpose for tax return substantial evidence of or a foreign corporation is treated as a filing the application for a withholding withholding (for example, closing dividend and is not subject to certificate was to delay paying the IRS documents) and a statement that withholding under section 1445 as a the amount withheld, interest and contains all the required information on gain from the sale or exchange of a U.S. penalties will apply to the period after Forms 8288 and 8288-A including the real property interest if: the 20th day after the date of transfer. transferor’s TIN. a. The distribution is on stock regularly Installment payments. You must traded on a securities market in the withhold the full amount at the time of Penalties United States, and the first installment payment. If you Under section 6651, penalties apply for b. The alien or corporation did not cannot because the payment does not failure to file Form 8288 when due and own more than 5% of that stock at any involve sufficient cash or other liquid for failure to pay the withholding when time during the 1-year period ending on assets, you may obtain a withholding due. In addition, if you are required to the date of the distribution. certificate from the IRS. See the but do not withhold tax under section Use Form 1042, Annual Withholding instructions for Form 8288-B, 1445, the tax, including interest, may be Tax Return for U.S. Source Income of Application for Withholding Certificate collected from you. Under section 7202, Foreign Persons, and Form 1042-S, for Dispositions by Foreign Persons of you may be subject to a penalty of up to Foreign Person’s U.S. Source Income U.S. Real Property Interests, for more $10,000 for willful failure to collect and Subject to Withholding, to report and information. pay over the tax. Corporate officers or pay over the withheld amounts. other responsible persons may be subject to a penalty under section 6672 equal to the amount that should have been withheld and paid over to the IRS. Form 8288 (Rev. 11-2006) Page 3 Definitions ● A regulated investment company (RIC) This exception applies whether or not that is a U.S. real property holding the transferor (seller) is an individual, Transferee. Any person, foreign or corporation. partnership, trust, corporation, or other domestic, that acquires a U.S. real transferor. However, this exception does For more information, see Pub. 515. property interest by purchase, exchange, not apply if the actual transferee (buyer) gift, or any other transfer. Domestically controlled qualified is not an individual, even if the property investment entity. A qualified is acquired for an individual. Transferor. For purposes of this investment entity is domestically withholding, this means any foreign 2. Transferor not a foreign person. controlled if at all times during the person that disposes of a U.S. real You receive a certification of nonforeign testing period less than 50% in value of property interest by sale, exchange, gift, status from the transferor, signed under its stock was held, directly or indirectly, or any other disposition. A disregarded penalties of perjury, stating that the by foreign persons. The testing period is entity cannot be the transferor for transferor is not a foreign person and the shorter of (a) the 5-year period purposes of section 1445. Instead, the containing the transferor’s name, ending on the date of the disposition (or person considered as owning the assets address, and identification number distribution), or (b) the period during of the disregarded entity for federal tax (social security number (SSN) or which the entity was in existence. purposes is regarded as the transferor. employer identification number (EIN)). If A disregarded entity for these purposes Amount realized. The sum of the cash you receive a certification, the means an entity that is disregarded as paid or to be paid (not including interest withholding tax cannot be collected from an entity separate from its owner under or original issue discount), the fair you unless you knew that the Regulations section 301.7701-3, a market value of other property certification was false or you received a qualified real estate investment trust transferred or to be transferred, and the notice from your agent or the subsidiary as defined in section 856(i), or amount of any liability assumed by the transferor’s agent that it was false. The a qualified subchapter S subsidiary transferee or to which the U.S. real certification must be signed by the under section 1361(b)(3)(B). property interest is subject immediately individual, a responsible officer of a before and after the transfer. Generally, corporation, a general partner of a Withholding agent. For purposes of this the amount realized for purposes of this return, this means the buyer or other partnership, or the trustee, executor, or withholding is the sales or contract fiduciary of a trust or estate. transferee who acquires a U.S. real price. property interest from a foreign person. A disregarded entity may not certify Date of transfer. The first date on which Foreign person. A nonresident alien that it is the transferor for U.S. tax consideration is paid or a liability is individual, a foreign corporation that purposes, including sections 897 and assumed by the transferee. However, for does not have a valid election under 1445. Rather, the owner of the purposes of sections 1445(e)(2), (3), and section 897(i) to be treated as a disregarded entity is treated as the (4), and Regulations sections domestic corporation, a foreign transferor of the property and must 1.1445-5(c)(1)(iii) and 1.1445-5(c)(3), the partnership, a foreign trust, or a foreign provide the certificate of nonforeign date of transfer is the date of distribution estate. A resident alien individual is not status to avoid withholding under that creates the obligation to withhold. a foreign person. section 1445. Payment of consideration does not U.S. real property interest. Any include the payment before passage of A foreign corporation electing to be interest, other than an interest solely as legal or equitable title of earnest money treated as a domestic corporation under a creditor, in: (other than pursuant to an initial section 897(i) must attach to the purchase contract), a good-faith deposit, certification a copy of the 1. Real property located in the United or any similar amount primarily intended acknowledgment of the election received States or the U.S. Virgin Islands. to bind the parties to the contract and from the IRS. The acknowledgment must 2. Certain personal property subject to forfeiture. A payment that is state that the information required by associated with the use of real property. not forfeitable may also be considered Regulations section 1.897-3 has been 3. A domestic corporation, unless it is earnest money, a good-faith deposit, or determined to be complete. If the shown that the corporation was not a a similar sum. acknowledgment is not attached, you U.S. real property holding corporation may not rely on the certification. Keep during the previous 5 years (or during Exceptions any certification of nonforeign status you the period in which the transferor held You are not required to withhold if any receive in your records for 5 years after the interest, if shorter). of the following applies. the year of transfer. A U.S. real property interest does not 1. Purchase of residence for You may also use other means to include: $300,000 or less. One or more determine that the transferor is not a individuals acquire U.S. real property for foreign person. But if you do, and it is 1. An interest in a domestically later determined that the transferor is a controlled qualified investment entity. use as a residence and the amount realized (sales price) is not more than foreign person, the withholding tax may 2. An interest in a corporation that has be collected from you. $300,000. A U.S. real property interest is disposed of all its U.S. real property Late notice of false certification. If, acquired for use as a residence if you or interests in transactions in which the full after the date of transfer, you receive a a member of your family has definite amount of any gain was recognized as notice from your agent or the plans to reside in the property for at provided in section 897(c)(1)(B). transferor’s agent that the certification of least 50% of the number of days the 3. An interest in certain publicly traded property is used by any person during nonforeign status is false, you do not corporations, partnerships, and trusts. each of the first two 12-month periods have to withhold on consideration paid See Regulations sections 1.897-1 and following the date of transfer. Do not before you received the notice. However, -2 for more information. Also see take into account the number of days you must withhold the full 10% of the Transferred property that is not a U.S. the property will be vacant in making amount realized from any consideration real property interest on page 4. this determination. No form or other that remains to be paid, if possible. You document is required to be filed with the must do this by withholding and paying Qualified investment entity. A qualified over the entire amount of each IRS for this exception; however, if you investment entity is: successive payment of consideration do not in fact use the property as a ● A real estate investment trust (REIT), residence, the withholding tax may be until the full 10% has been withheld and and collected from you. Form 8288 (Rev. 11-2006) Page 4 paid to the IRS. These amounts must be Note. A notice of nonrecognition cannot For rules that apply to foreclosures, reported and transmitted to the IRS by be used for the exclusion from income see Regulations section 1.1445-2(d)(3). the 20th day following the date of each under section 121, like-kind exchanges 9. Applicable wash sale transaction. payment. that do not qualify for nonrecognition A distribution from a domestically 3. Transferred property that is not a treatment in their entirety, and deferred controlled qualified investment entity is U.S. real property interest. You acquire like-kind exchanges that have not been treated as a distribution of a U.S. real an interest in property that is not a U.S. completed when it is time to file Form property interest only because an real property interest (defined on page 8288. In these cases, a withholding interest in the entity was disposed of in 3). A U.S. real property interest includes certificate issued by the IRS, as an applicable wash sale transaction. See certain interests in U.S. corporations, as described next, must be obtained. section 897(h)(5). well as direct interests in real property 5. Withholding certificate issued by and certain associated personal the IRS. A withholding certificate may Liability of Agents property. be issued by the IRS to reduce or If the transferee or other withholding No withholding is required on the eliminate withholding on dispositions of agent has received (a) a transferor’s acquisition of an interest in a domestic U.S. real property interests by foreign certification of nonforeign status or (b) a corporation if (a) any class of stock of persons. Either a transferee or transferor corporation’s statement that an interest the corporation is regularly traded on an may apply for the certificate. The is not a U.S. real property interest, and established securities market, or certificate may be issued if: the transferee’s or transferor’s agent (b) the transferee receives a statement a. Reduced withholding is appropriate knows that the document is false, the by the corporation that the interest is not because the 10% or 35% amount agent must provide notice to the a U.S. real property interest, unless you exceeds the transferor’s maximum tax transferee or other withholding agent. If know that the statement is false or you liability, the notice is not provided, the agent will receive a notice from your agent or the b. The transferor is exempt from U.S. be liable for the tax that should have transferor’s agent that the statement is tax or nonrecognition provisions apply, been withheld, but only to the extent of false. A corporation’s statement may be or the agent’s compensation from the relied on only if it is dated not more than c. The transferee or transferor enters transaction. 30 days before the date of transfer. into an agreement with the IRS for the If you are the transferee or withholding Late notice of false statement. If, payment of the tax. agent and you receive a notice of false after the date of transfer, you receive a An application for a withholding certification or statement from your notice that an interest in a corporation is certificate must comply with the agent or the transferor’s agent, you must not a U.S. real property interest is false, provisions of Regulations sections withhold tax as if you had not received a see Late notice of false certification on 1.1445-3 and 1.1445-6 and Rev. Proc. certification or statement. But see Late page 3. 2000-35, 2000-35 I.R.B. 211. You can notice of false certification on page 3. Generally, no withholding is required find Rev. Proc. 2000-35 on page 211 of The terms “transferor’s agent” and on the acquisition of an interest in a Internal Revenue Bulletin 2000-35 at “transferee’s agent” mean any person foreign corporation. However, www.irs.gov/pub/irs-irbs/irb00-35.pdf. who represents the transferor or withholding may be required if the In certain cases, you may use transferee in any negotiation with foreign corporation has made the Form 8288-B to apply for a withholding another person (or another person’s election under section 897(i) to be certificate. The IRS will normally act on agent) relating to the transaction or in treated as a domestic corporation. an application by the 90th day after a settling the transaction. For purposes of 4. Transferor’s nonrecognition of complete application is received. section 1445(e), a transferor’s or gain or loss. You may receive a notice If you receive a withholding certificate transferee’s agent is any person who from the transferor signed under from the IRS that excuses withholding, represents or advises an entity, a holder penalties of perjury stating that the you are not required to file Form 8288. of an interest in an entity, or a fiduciary transferor is not required to recognize However, if you receive a withholding with respect to the planning, gain or loss on the transfer because of a certificate that reduces (rather than arrangement, or completion of a nonrecognition provision of the Internal eliminates) withholding, there is no transaction described in sections Revenue Code (see Temporary exception to withholding, and you are 1445(e)(1) through (4). Regulations section 1.897-6T(a)(2)) or a required to file Form 8288. Attach a A person is not treated as an agent if provision in a U.S. tax treaty. You may copy of the withholding certificate to the person only performs one or more of rely on the transferor’s notice unless Form 8288. See When To File on page 2 the following acts in connection with the (a) only part of the gain qualifies for for more information. transaction: nonrecognition or (b) you know or have 6. No consideration paid. The 1. Receiving and disbursing any part reason to know that the transferor is not amount realized by the transferor is zero of the consideration. entitled to the claimed nonrecognition (for example, the property is transferred treatment. 2. Recording any document. as a gift and the recipient does not No particular form is required for this assume any liabilities or furnish any 3. Typing, copying, and other clerical notice. By the 20th day after the date of other consideration to the transferor). tasks. transfer, you must send a copy of the 7. Options to acquire U.S. real 4. Obtaining title insurance reports notice of nonrecognition (with a cover property interests. An amount is and reports concerning the condition of letter giving your name, address, and realized by the grantor on the grant or the property. identification number) to the Director, lapse of an option to acquire a U.S. real 5. Transmitting documents between Philadelphia Service Center, P.O. Box property interest. However, withholding the parties. 21086, FIRPTA Unit, Philadelphia, PA is required on the sale, exchange, or 19114-0586. If you are filing after 2006, exercise of an option. 6. Functioning exclusively in his or her you must send a copy of the notice of capacity as a representative of a 8. Property acquired by a condominium association or cooperative nonrecognition to the Ogden Service governmental unit. The property is Center, P.O. Box 409101, Ogden, UT housing corporation. This exemption acquired by the United States, a U.S. includes the board of directors, the 84409. See Regulations section state or possession or political 1.1445-2(d)(2) for more information on committee, or other governing body. subdivision, or the District of Columbia. the transferor’s notice of nonrecognition. Form 8288 (Rev. 11-2006) Page 5 Entities Subject to Section withhold 35% of the amount distributed Section 1445(e)(5) Transactions to a foreign person from the account 1445(e) during the tax year of the trust or estate The transferee of a partnership interest must withhold 10% of the amount Withholding is required on certain in which the disposition occurred. The realized on the disposition by a foreign distributions and other transactions by withholding must be paid over to the IRS partner of an interest in a domestic or domestic or foreign corporations, within 20 days of the date of distribution. foreign partnership in which at least qualified investment entities, trusts, and Special rules apply to grantor trusts. See 50% of the value of the gross assets estates. A domestic trust or estate must Regulations section 1.1445-5 for more consists of U.S. real property interests withhold 35% of the amount distributed information and how to compute the and at least 90% of the value of the to a foreign beneficiary from a “U.S. real amount subject to withholding. gross assets consists of U.S. real property interest account” that it is Large trust election. Trusts with property interests plus any cash or cash required to establish under Regulations more than 100 beneficiaries may make equivalents. However, no withholding is section 1.1445-5(c)(1)(iii). A foreign an election to withhold upon distribution required under section 1445(e)(5) for corporation that has not made the rather than at the time of transfer. The dispositions of interests in other election under section 897(i) must amount to be withheld from each partnerships, trusts, or estates until the withhold 35% of the gain it recognizes distribution is 35% of the amount effective date of a Treasury Decision on the distribution of a U.S. real property attributable to the foreign beneficiary’s under section 897(g). No withholding is interest to its shareholders. Certain proportionate share of the current required if, no earlier than 30 days domestic corporations are required to balance of the trust’s section 1445(e)(1) before the transfer, the transferee withhold tax on distributions to foreign account. This election does not apply to receives a statement signed by a general shareholders. any qualified investment entity or to any partner under penalties of perjury that at No withholding is required on the publicly traded trust. Special rules apply least 50% of the value of the gross transfer of an interest in a domestic to large trusts that make recurring sales assets of the partnership does not corporation if any class of stock of the of growing crops and timber. consist of U.S. real property interests or corporation is regularly traded on an A trust’s section 1445(e)(1) account is that at least 90% of the value of the established securities market. Also, no the total net gain realized by the trust on gross assets does not consist of U.S. withholding is required on the transfer of all section 1445(e)(1) transactions after real property interests plus cash or cash an interest in a publicly traded the date of the election, minus the total equivalents. The transferee may rely on partnership or trust. of all distributions made by the trust the statement unless the transferee No withholding will be required with after the date of the election from such knows it is false or the transferee respect to an interest holder if the entity total net gain. See Regulations section receives a false statement notice or fiduciary receives a certification of 1.1445-5(c)(3) for more information. pursuant to Regulations section nonforeign status from the interest 1.1445-4. holder. An entity or fiduciary may also Section 1445(e)(2) Transactions use other means to determine that an A foreign corporation that distributes a Section 1445(e)(6) Transactions interest holder is not a foreign person, U.S. real property interest must generally A qualified investment entity must but if it does so and it is later withhold 35% of the gain recognized by withhold 35% of a distribution to a determined that the interest holder is a the corporation. No withholding or nonresident alien or a foreign foreign person, the withholding may be reduced withholding is required if the corporation that is treated as gain collected from the entity or fiduciary. corporation receives a withholding realized from the sale or exchange of a certificate from the IRS. U.S. real property interest. No Section 1445(e)(1) Transactions Section 1445(e)(3) Transactions withholding under section 1445 is Partnerships. A domestic partnership required on a distribution to a that is not publicly traded must withhold Generally, a domestic corporation that nonresident alien or foreign corporation tax under section 1446 on effectively distributes any property to a foreign if the distribution is on stock regularly connected income allocated to its person that holds an interest in the traded on a securities market in the foreign partners and must file Form corporation must withhold 10% of the United States and the alien or 8804, Annual Return for Partnership fair market value of the property corporation did not own more than 5% Withholding Tax (Section 1446), and distributed if: of that stock at any time during the Form 8805, Foreign Partner’s 1. The foreign person’s interest in the 1-year period ending on the date of Information Statement of Section 1446 corporation is a U.S. real property distribution. Withholding Tax. A publicly traded interest under section 897, and partnership or nominee generally must 2. The property is distributed in Specific Instructions withhold tax under section 1446 on redemption of stock under section 302, distributions to its foreign partners and Complete only Part I or in liquidation of the corporation under Part II. must file Forms 1042 and 1042-S. sections 331 through 341, or with Because a domestic partnership that respect to stock under section 301 that disposes of a U.S. real property interest is not made out of the earnings and CAUTION is required to withhold under section profits of the corporation. Example 1. B, a corporation, 1446, it is not required to withhold under purchases a U.S. real property interest section 1445(e)(1). No withholding or reduced withholding is required if the corporation receives a from F, a foreign person. On settlement Trusts and estates. If a domestic trust withholding certificate from the IRS. day, the settlement agent pays off or estate disposes of a U.S. real existing loans, withholds 10% of the property interest, the amount of gain Section 1445(e)(4) Transactions amount realized on the sale, and realized must be paid into a separate disburses the remaining amount to F. B, “U.S. real property interest account.” For No withholding is required under section not the agent, must complete Part I of these purposes, a domestic trust is one 1445(e)(4), relating to certain taxable Form 8288 and Form 8288-A. that does not make the “large trust distributions by domestic or foreign partnerships, trusts, and estates, until Example 2. C, a domestic election” (explained later), is not a corporation, distributes property to F, a qualified investment entity, and is not the effective date of a Treasury Decision under section 897(e)(2)(B)(ii) and (g). foreign shareholder whose interest in C publicly traded. The fiduciary must Form 8288 (Rev. 11-2006) Page 6 is a U.S. real property interest. The For a nonresident alien individual who tax. Failure to provide this information in distribution is in redemption of C’s stock is not eligible for a social security a timely manner, or providing false (section 1445(e)(3) transaction). C must number, this is an IRS individual information, may subject you to withhold 10% of the fair market value of taxpayer identification number (ITIN). If penalties. Routine uses of this the property distributed to F. C must the individual does not already have an information include giving it to the complete Part II of Form 8288, and Form ITIN, he or she must apply for one by Department of Justice for civil and 8288-A. attaching the completed Form 8288 to a criminal litigation, and to cities, states, Lines 1. In Part I, enter the name, completed Form W-7, Application for and the District of Columbia for use in address, and identifying number of the IRS Individual Taxpayer Identification the administration of their tax laws. We buyer or other transferee responsible for Number, and forwarding the package to may also disclose this information to withholding under section 1445(a). Do the IRS at the address given in the Form other countries under a tax treaty, to not enter the name, address, and W-7 instructions. federal and state agencies to enforce identifying number of a title company, Lines 2. Enter the location and a federal nontax criminal laws, or to mortgage company, etc. unless it description of the property, including any federal law enforcement and intelligence happens to be the actual buyer or substantial improvements (for example, agencies to combat terrorism. transferee. “12-unit apartment building”). In the You are not required to provide the In Part II, enter the name, address, case of interests in a corporation that information requested on a form that is and identifying number of the entity or constitute a U.S. real property interest, subject to the Paperwork Reduction Act fiduciary responsible for withholding enter the class or type and amount of unless the form displays a valid OMB under section 1445(e). Do not enter the the interest (for example, “10,000 shares control number. Books or records name, address, and identifying number Class A Preferred Stock XYZ relating to a form or its instructions must of a title company, mortgage company, Corporation”). be retained as long as their contents etc. unless it happens to be the actual Lines 4. Copies A and B of each Form may become material in the entity responsible for withholding under 8288-A should be counted as one form. administration of any Internal Revenue section 1445(e). law. Generally, tax returns and return Part II, line 3. If you are a qualified information are confidential, as required The IRS will contact the investment entity, domestic trust or by section 6103. person or entity listed on estate, or you make the large trust line 1 to resolve any problems election, enter the date of distribution. The time needed to complete and file CAUTION that may arise concerning these forms will vary depending on Privacy Act and Paperwork Reduction individual circumstances. The estimated underwithholding and/or penalties. Act Notice. We ask for the information average times are: Name and address. If you are a on this form to carry out the Internal Revenue laws of the United States. Form 8288 Form 8288-A fiduciary, list your name and the name of the trust or estate. Enter the home Section 1445 generally imposes a Recordkeeping 5 hr., 15 min. 2 hr., 52 min. address of an individual or the office withholding obligation on the buyer or Learning about address of an entity. other transferee (withholding agent) the law or the when a U.S. real property interest is form 5 hr., 8 min. 30 min. Identifying number. For a U.S. acquired from a foreign person. Section individual, this is a social security Preparing and 1445 also imposes a withholding sending the form number (SSN). For any entity other than obligation on certain foreign and an individual (for example, corporation, to the IRS 6 hr., 38 min. 34 min. domestic corporations, qualified qualified investment entity, estate, or investment entities, and the fiduciary of If you have comments concerning the trust), this is an employer identification certain trusts and estates. This form is accuracy of these time estimates or number (EIN). If you do not have an EIN, used to report and transmit the amount suggestions for making these forms you can apply for one online at withheld. simpler, we would be happy to hear www.irs.gov/smallbiz or by telephone at You are required to provide this from you. You can write to the Internal 1-800-829-4933. Also, you can file Form information. Section 6109 requires you Revenue Service, Tax Products SS-4, Application for Employer to provide your taxpayer identification Coordinating Committee, Identification Number, by fax or mail. number. We need this information to SE:W:CAR:MP:T:T:SP, 1111 Constitution ensure that you are complying with the Ave. NW, IR-6406, Washington, DC Internal Revenue laws and to allow us to 20224. Do not send the forms to this figure and collect the right amount of address. Instead, see Where To File on page 2.
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