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Part II, To Be Completed By an

withhold 15% of the fair market value of

You are not required to provide the

the property distributed to F. C must

information requested on a form that is

Entity Subject to The

complete Part II of Form 8288, and

subject to the Paperwork Reduction Act

Provisions of Section 1445(e)

Form 8288-A.

unless the form displays a valid OMB

control number. Books or records

Line 3. If you are a qualified investment

Paid Preparer

relating to a form or its instructions must

entity, domestic trust or estate, or you

Generally, anyone you pay to prepare

be retained as long as their contents

make the large trust election, enter the

Form 8288 must sign it and include their

may become material in the

date of distribution for the date of

Preparer Tax Identification Number

administration of any Internal Revenue

transfer.

(PTIN) in the space provided.

law. Generally, tax returns and return

Line 5a. Enter amounts subject to

information are confidential, as required

withholding at 15%. Generally, this is

Privacy Act and Paperwork Reduc-

by section 6103.

the rate of withholding for transactions

tion Act Notice. We ask for the

The time needed to complete and file

required to be reported under section

information on this form to carry out the

these forms will vary depending on

1445(e) in Part II. However, see the

Internal Revenue laws of the United

individual circumstances. The estimated

discussion of various section 1445(e)

States. Section 1445 generally imposes

burden for business taxpayers filing this

transactions under

Entities Subject to

a withholding obligation on the buyer or

Section

1445(e), earlier.

form is approved under OMB control

other transferee (withholding agent)

number 1545-0123. The estimated

when a U.S. real property interest is

Line 5b. Enter amounts subject to

burden for all other taxpayers who file

acquired from a foreign person. Section

withholding at 10%. Report on line 5b

these forms is shown below.

1445 also imposes a withholding

withholding for any dispositions of

obligation on certain foreign and

property prior to February 17, 2016,

Form 8288

Form 8288-A

domestic corporations, qualified

subject to a 10% rate of withholding

investment entities, and the fiduciary of

Recordkeeping 6 hr., 13 min.

2 hr., 52 min.

under section 1445(e).

certain trusts and estates. This form is

Learning

Line 5c. Enter amounts subject to

used to report and transmit the amount

about the law

withholding at 35%. See the discussion

withheld.

or the

of various section 1445(e) transactions

form

5 hr., 13 min.

30 min.

. . . . .

under

Entities Subject to Section

You are required to provide this

Preparing and

1445(e), earlier.

information. Section 6109 requires you

sending the

to provide your identification number.

Line 5d. If withholding is at a reduced

form to the

We need this information to ensure that

rate check the box. Include the amount

IRS

6 hr., 46 min.

34 min.

. . . . .

you are complying with the Internal

withheld in the total reported on line 6,

Revenue laws and to allow us to figure

Part II. See the discussion of various

and collect the right amount of tax.

section 1445(e) transactions under

If you have comments concerning the

Failure to provide this information in a

Entities Subject to Section

1445(e),

accuracy of these time estimates or

timely manner, or providing false

earlier.

suggestions for making these forms

information, may subject you to

simpler, we would be happy to hear

Line 5e. If withholding is from a large

penalties. Routine uses of this

from you. You can send us comments

trust election to withhold upon

information include giving it to the

from Click on

distribution, check the box, and include

Department of Justice for civil and

"More information," and then on "Give

the amount withheld in the total reported

criminal litigation, and to cities, states,

us feedback." Or, you can write to the

on line 6, Part II. See

Large trust

the District of Columbia, and U.S.

Internal Revenue Service, Tax Forms

election, under Section 1445(e)(1)

commonwealths and possessions for

and Publications, 1111 Constitution

Transactions, earlier.

administration of their tax laws. We may

Ave. NW, IR-6526, Washington, DC

also disclose this information to other

Example 2. C, a domestic

20224. Do not send the form to this

countries under a tax treaty, to federal

corporation, distributes property to F, a

address. Instead, see

Where To

File,

and state agencies to enforce federal

foreign shareholder whose interest in C

earlier.

nontax criminal laws, or to federal law

is a U.S. real property interest. The

enforcement and intelligence agencies

distribution is in redemption of C’s stock

to combat terrorism.

(section 1445(e)(3) transaction). C must

Instructions for Form 8288 (Rev. 2-2017)

-7-

Instructions For Form 8288 - U.s. Withholding Tax Return For Dispositions By Foreign Persons Of U.s. Real Property Interests Page 7

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