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. 11-2006)

Page

Section references are to the Internal

4. Notify the IRS before the disposition or

If you are a nonresident alien individual

Revenue Code unless otherwise noted.

encumbrance of the U.S. real property

who is required to have a TIN, but is not

interest (of the installment obligation under

eligible to obtain an SSN, you must apply

General Instructions

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

for an IRS individual taxpayer identification

over the remaining amount to be withheld.

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

Purpose of form. Use Form 8288-B to

are eligible for an ITIN, you can apply for an

apply for a withholding certificate to reduce

5. Continue to withhold under a reduced

ITIN by attaching the completed Form

or eliminate withholding on dispositions of

withholding certificate until an amended

8288-B to a completed Form W-7 and

U.S. real property interests by foreign

certificate is issued, even if the transferor

forwarding the package to the IRS at the

persons, but only if the application is based

pledges the installment obligation in

address given in the Form W-7 instructions.

on:

exchange for all or part of the proceeds due

Get Form W-7, Application for IRS

1. A claim that the transferor is entitled to

on the obligation and includes in gross

Individual Taxpayer Identification Number,

nonrecognition treatment or is exempt from

income under section 453A(d) the net

for more information.

tax,

proceeds of the secured indebtedness.

Any withholding certificate issued by the

2. A claim solely on a calculation that

Where to send applications for a

IRS applies only for the limited purpose of

shows the transferor’s maximum tax liability

withholding certificate. Form 8288-B and

determining the withholding obligation

is less than the tax otherwise required to be

other applications for a withholding

under section 1445 and does not apply to

withheld, or

certificate must be sent to the Director,

any substantive issue that may arise in

3. A claim that the special installment

Philadelphia Service Center, P.O. Box

connection with the transfer. The

sales rules described in section 7 of Rev.

21086, FIRPTA Unit, Philadelphia, PA

acceptance by the IRS of any evidence

Proc. 2000-35 allowed reduced

19114-0586. After 2006, send these items

submitted in connection with this

withholding.

to Ogden Service Center, P.O. Box 409101,

application is not binding on the IRS for any

Do not use this form for applications:

Ogden, UT 84409.

purpose other than issuing the withholding

● Based on an agreement for the payment

certificate. The information submitted in

Specific Instructions

of tax with conforming security,

support of the application may be subject

● For blanket withholding certificates under

to verification by the IRS prior to issuance

Complete all information for each line. An

of a withholding certificate.

application that is not substantially

Rev. Proc. 2000-35, or

complete when submitted will be rejected.

● Other than the three types described

If you receive a withholding certificate

For example, an application without a

from the IRS and withholding is still

above.

specific or estimated date of transfer will

required, a copy of the withholding

See Regulations sections 1.1445-3 and

not be considered to be substantially

certificate must be attached to Form 8288,

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

complete.

U.S. Withholding Tax Return for

information and procedures for applying for

Dispositions by Foreign Persons of U.S.

Line 1. Enter the name, street address, and

a withholding certificate.

Real Property Interests.

identification number of the transferor. If

Who can apply for a withholding

Installment sales. A transferee is required

there are multiple transferors, attach

certificate. Either the transferee or the

to withhold on the full sales price regardless

additional sheets giving the required

transferor (or other authorized person) can

of the amount of the payment. However, if

information about each one. For a

file this application.

the transferor is not a dealer and will report

transaction under section 1445(e), enter the

Withholding certificate. The IRS can issue

gain using the installment method under

required information for each foreign person

a withholding certificate to reduce or

section 453, a withholding certificate

for whom you are requesting reduced

eliminate withholding under section 1445. A

allowing reduced withholding may be

withholding.

certificate issued before the transfer notifies

obtained. Any withholding certificate based

Line 2. Enter the name, street address, and

the transferee that reduced withholding or

on the installment sale method will provide

identification number of the transferee. If

no withholding is required. A certificate

for payment of interest on the deferred tax

there are multiple transferees, attach

issued after the transfer may authorize an

liability under section 453A(c) when

additional sheets giving the required

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

applicable.

information about each one.

transfer, an application for a withholding

For installment sales subject to

Line 4a. The withholding agent will normally

certificate is or has been submitted to the

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

be the buyer or other transferee as

IRS, the applicable withholding is not

IRS will consider applications for a

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

required to be paid over to the IRS until the

withholding certificate based on the

distributions under section 1445(e), the

20th day after the day that the IRS mails the

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

withholding agent also includes a trustee,

withholding certificate or notice of denial. A

agreement to all of the following:

executor, or other authorized person.

transferor that applies for a withholding

1. Withhold and pay over 10% or lower

certificate must notify the transferee in

Line 4b. If you are not applying for this

amount determined by the IRS (or the

writing that the certificate has been applied

withholding certificate in your personal

amount the IRS determines to be

for on the day of or prior to the transfer.

capacity, enter your SSN or ITIN (see

appropriate under section 1445(e)) of the

The IRS will normally act on an

Identification number on this page for more

down payment. The amount of the down

application within 90 days of receipt of all

payment includes any liabilities of the

information).

information necessary to make a proper

transferor (entity in the case of section

Line 4c. If you are acting on behalf of an

determination. The IRS will determine

1445(e)) assumed by the transferee, or

estate or trust, or are signing as an

whether withholding should be reduced or

liabilities to which the U.S. real property

authorized person for an entity other than

eliminated or whether a withholding

interest was subject immediately before and

an individual (for example, a corporation,

certificate should not be issued.

after the transfer.

qualified investment entity, or partnership),

2. Withhold 10% or lower amount

Identification number. The U.S.

enter the name of the estate, trust, or entity.

determined by the IRS (or the amount the

taxpayer identification number (TIN) of all

Line 4d. Enter the EIN of the estate, trust,

IRS determines to be appropriate under

parties to the transaction must be on the

or entity.

section 1445(e)) of each subsequent

application for a withholding certificate. For

Line 5. Enter the address you want the IRS

payment and the interest on the deferred

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

to use for purposes of returning the

tax liability.

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

withholding certificate.

employer identification number (EIN). If you

3. Use Forms 8288 and 8288-A (relating

do not have an EIN, you can apply for one

to withholding on dispositions by foreign

Line 6a. Enter the year as a four-digit

online at or by

persons of U.S. real property interests) to

number (for example, “2006”).

pay over all amounts withheld. The

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

Line 6c. “Associated personal property”

file Form SS-4, Application for Employer

identification number of the transferor (or

means property (for example, furniture) sold

interest holder subject to withholding under

Identification Number, by fax or mail.

with a building. See Regulations section

section 1445(e)) must be included on Forms

1.897-1.

8288 and 8288-A.

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