Instructions for the Person Subject to
If the amount shown in box 2 is greater than your maximum tax
liability, you may apply for an early refund. However, you must still file
Withholding
your tax return when due. To apply for an early refund, you must first get
a withholding certificate. No particular form is required for an application
Generally, if you are a foreign person that disposes of real property
for early refund, but it must include the following information in separate
located in the United States as seller or transferor, the buyer or other
paragraphs numbered as shown below:
transferee must withhold 15% of the amount realized. Certain foreign
interest holders that are beneficiaries or shareholders are subject to
1. Your name, address, and U.S. taxpayer identification number;
federal income tax withholding at a rate of 35%.
2. The amount required to be withheld as stated in the withholding
You must file a U.S. tax return (Form 1040NR, 1041, 1065, 1065-B, or
certificate issued by the IRS;
1120-F) to report the sale or other disposition as effectively connected
3. The amount withheld shown in box 2 (attach a copy of this Form
with the conduct of a trade or business in the United States. To receive
8288-A); and
credit for any federal income tax withheld shown in box 2, attach Form
4. The amount to be refunded.
8288-A to your tax return, unless you make a request for early refund.
Foreign partnerships, other than publicly traded partnerships, should
Send your application for a withholding certificate and/or application
report the withholding on Form 8804, Annual Return for Partnership
for early refund to Ogden Service Center, P.O. Box 409101, Ogden, UT
Withholding Tax (Section 1446), and attach Form 8288-A. Publicly
84409.
traded partnerships, and nominees of such partnerships, should use
See Pub. 515 and Form 8288-B, Application for Withholding
Forms 1042 and 1042-S to report the withholding. See Pub. 515,
Certificate for Dispositions by Foreign Persons of U.S. Real Property
Withholding of Tax on Nonresident Aliens and Foreign Entities, and Pub.
Interests, for information about withholding certificates.
519, U.S. Tax Guide for Aliens, for more information.