Form 8288-B - Application For Withholding Certificate For Dispositions By Foreign Persons Of U.s. Real Property Interests Page 2

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Form 8288-B (Rev. 2-2016)

Page

Section references are to the Internal

Identification number. The U.S.

2. Withhold 15% or lower amount

Revenue Code unless otherwise noted.

taxpayer identification number (TIN) of all

determined by the IRS (or the amount the

parties to the transaction must be on the

IRS determines to be appropriate under

Future Developments

application for a withholding certificate. For

section 1445(e)) of each subsequent

U.S. individuals, the TIN is a social security

payment and the interest on the deferred

For the latest information about

number (SSN). For all other entities, it is an

tax liability.

developments related to Form 8288 and its

employer identification number (EIN). If you

instructions, such as legislation enacted

3. Use Forms 8288 and 8288-A (relating to

do not have an EIN, you can apply for one

after they were published, go to

withholding on dispositions by foreign

online at or by

persons of U.S. real property interests) to pay

telephone at 1-800-829-4933. Also, you can

over all amounts withheld. The identification

General Instructions

file Form SS-4, Application for Employer

number of the transferor (or interest holder

Identification Number, by fax or mail.

subject to withholding under section 1445(e))

Purpose of form. Use Form 8288-B to

If you are a nonresident alien individual

must be included on Forms 8288 and 8288-A.

apply for a withholding certificate to reduce

who is required to have a TIN, but is not

4. Notify the IRS before the disposition or

or eliminate withholding on dispositions of

eligible to obtain an SSN, you must apply

encumbrance of the U.S. real property

U.S. real property interests by foreign

for an IRS individual taxpayer identification

interest (of the installment obligation under

persons, but only if the application is based

number (ITIN). If you do not have a TIN and

section 1445(e)), and when it occurs, pay

on:

are eligible for an ITIN, you can apply for an

over the remaining amount to be withheld.

1. A claim that the transferor is entitled to

ITIN by attaching the completed Form

5. Continue to withhold under a reduced

nonrecognition treatment or is exempt from

8288-B to a completed Form W-7 and

withholding certificate until an amended

tax,

forwarding the package to the IRS at the

certificate is issued, even if the transferor

2. A claim solely on a calculation that

address given in the Form W-7 instructions.

pledges the installment obligation in

shows the transferor’s maximum tax liability

Get Form W-7, Application for IRS

exchange for all or part of the proceeds due

is less than the tax otherwise required to be

Individual Taxpayer Identification Number,

on the obligation and includes in gross

withheld, or

for more information.

income under section 453A(d) the net

3. A claim that the special installment

Any withholding certificate issued by the

proceeds of the secured indebtedness.

sales rules described in section 7 of Rev.

IRS applies only for the limited purpose of

Where to send applications for a

Proc. 2000-35 allowed reduced

determining the withholding obligation

withholding certificate. Form 8288-B and

withholding.

under section 1445 and does not apply to

other applications for a withholding

any substantive issue that may arise in

Do not use this form for applications:

certificate must be sent to Internal Revenue

connection with the transfer. The

• Based on an agreement for the payment

Service, P.O. Box 409101, Ogden, UT

acceptance by the IRS of any evidence

of tax with conforming security,

84409.

submitted in connection with this

• For blanket withholding certificates under

Specific Instructions

application is not binding on the IRS for any

Rev. Proc. 2000-35, or

purpose other than issuing the withholding

• Other than the three types described

Complete all information for each line. An

certificate. The information submitted in

above.

application that is not substantially

support of the application may be subject

complete when submitted will be rejected.

See Regulations sections 1.1445-3 and

to verification by the IRS prior to issuance

1.1445-6 and Rev. Proc. 2000-35 for

For example, an application without a

of a withholding certificate.

information and procedures for applying for

specific or estimated date of transfer will

If you receive a withholding certificate

a withholding certificate.

not be considered to be substantially

from the IRS and withholding is still

complete.

Who can apply for a withholding

required, a copy of the withholding

certificate. Either the transferee or the

Line 1. Enter the name, street address, and

certificate must be attached to Form 8288,

identification number of the transferor. If

transferor (or other authorized person) can

U.S. Withholding Tax Return for

there are multiple transferors, attach

file this application.

Dispositions by Foreign Persons of U.S.

additional sheets giving the required

Real Property Interests.

Withholding certificate. The IRS can issue

information about each one. For a

a withholding certificate to reduce or

Installment sales. A transferee is required

transaction under section 1445(e), enter the

eliminate withholding under section 1445. A

to withhold on the full sales price regardless

required information for each foreign person

certificate issued before the transfer notifies

of the amount of the payment. However, if

for whom you are requesting reduced

the transferee that reduced withholding or

the transferor is not a dealer and will report

withholding.

no withholding is required. A certificate

gain using the installment method under

Line 2. Enter the name, street address, and

issued after the transfer may authorize an

section 453, a withholding certificate

identification number of the transferee. If

early or a normal refund. If, on the date of

allowing reduced withholding may be

there are multiple transferees, attach

transfer, an application for a withholding

obtained. Any withholding certificate based

additional sheets giving the required

certificate is or has been submitted to the

on the installment sale method will provide

information about each one.

IRS, the applicable withholding is not

for payment of interest on the deferred tax

required to be paid over to the IRS until the

liability under section 453A(c) when

Line 4a. The withholding agent will normally

20th day after the day that the IRS mails the

applicable.

be the buyer or other transferee as

withholding certificate or notice of denial. A

described in section 1445(d)(4). For

For installment sales subject to

transferor that applies for a withholding

distributions under section 1445(e), the

withholding under section 1445(a) or (e), the

certificate must notify the transferee in

withholding agent also includes a trustee,

IRS will consider applications for a

writing that the certificate has been applied

executor, or other authorized person.

withholding certificate based on the

for on the day of or prior to the transfer.

transferee’s (or entity’s or fiduciary’s)

Line 4b. If you are not applying for this

The IRS will normally act on an

agreement to all of the following:

withholding certificate in your personal

application within 90 days of receipt of all

capacity, enter your SSN or ITIN (see

1. Withhold and pay over 15% or lower

information necessary to make a proper

Identification number on this page for more

amount determined by the IRS (or the

determination. The IRS will determine

information).

amount the IRS determines to be

whether withholding should be reduced or

appropriate under section 1445(e)) of the

eliminated or whether a withholding

down payment. The amount of the down

certificate should not be issued.

payment includes any liabilities of the

transferor (entity in the case of section

1445(e)) assumed by the transferee, or

liabilities to which the U.S. real property

interest was subject immediately before and

after the transfer.

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