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Instructions for Form 8288
Department of the Treasury
Internal Revenue Service
(Rev. January 2023)
(Use with the January 2023 revision of Form 8288.)
U.S. Withholding Tax Return for Certain Dispositions by Foreign Persons
Contents
Section references are to the Internal
Revenue Code unless otherwise noted.
Contents
What's New . . . . . . . . . . . . . .
Purpose of Form . . . . . . . . . . .
General Instructions for Section
1445 Withholding . . . . . . .
Who Must File . . . . . . . . .
Amount To Withhold . . . . .
When To File . . . . . . . . . .
Where To File . . . . . . . . . .
Forms 8288-A Must Be
Attached . . . . . . . . . . .
Penalties . . . . . . . . . . . . .
Definitions for Section 1445
Withholding . . . . . . . . .
Exceptions to Section 1445
Withholding . . . . . . . . .
Withholding at a
Reduced Rate . . . .
Withholding Not
Required . . . . . . .
Late Filing of Certification or
Notice . . . . . . . . . . . . .
Liability of Agents . . . . . . .
Entities Subject to Section
1445(e) . . . . . . . . . . . .
Section 1445(e)(1)
Transactions . . . . . . . .
Section 1445(e)(2)
Transactions . . . . . . . .
Section 1445(e)(3)
Transactions . . . . . . . .
Section 1445(e)(4)
Transactions . . . . . . . .
Section 1445(e)(5)
Transactions . . . . . . . .
Section 1445(e)(6)
Transactions . . . . . . . .
General Instructions for Section
1446(f)(1) Withholding . . . .
Who Must File . . . . . . . . .
Amount To Withhold . . . . .
When To File . . . . . . . . . .
Where To File . . . . . . . . . .
Forms 8288-A Must Be
Attached . . . . . . . . . . .
Penalties . . . . . . . . . . . . .
Definitions for Section
1446(f)(1) Withholding . .
Exceptions to Section
1446(f)(1) Withholding on
Transfers of Non-PTP
Interests . . . . . . . . . . .
Exceptions . . . . . . . .
Determining the Amount To
Withhold . . . . . . . . . . .
Transfers of Partnership
Interests Subject to
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Withholding Under
Sections 1445(e)(5) and
1446(f)(1) . . . . . . . . . .
Liability of Agents . . . . . . .
General Instructions for Section
1446(f)(4) Withholding . . . .
Who Must File . . . . . . . . .
Amount To Withhold . . . . .
When To File . . . . . . . . . .
Where To File . . . . . . . . . .
Form 8288-C Must Be
Attached . . . . . . . . . . .
Penalties . . . . . . . . . . . . .
Exceptions to Section
1446(f)(4) Withholding . .
Withholding under Section
1446(f)(4) . . . . . . . . . .
Buyer/Transferee Claiming
Refund of Section 1446(f)
(4) Withholding . . . . . . .
Specific Instructions for Form
8288 . . . . . . . . . . . . . . .
Withholding Agent
Information . . . . . . . . .
Part I—To Be Completed by
the Buyer or Other
Transferee Required To
Withhold Under Section
1445(a) . . . . . . . . . . . .
Part II—To Be Completed by
an Entity Subject to the
Provisions of Section
1445(e) . . . . . . . . . . . .
Part III—To Be Completed
by Buyer/Transferee
Required To Withhold
Under Section 1446(f)(1)
Part IV—To Be Completed
by the Partnership
Required To Withhold
Under Section 1446(f)(4)
Part V—To Be Completed
by Buyer/Transferee
Claiming a Refund of
Withholding Under
Section 1446(f)(4) . . . . .
Paid Preparer . . . . . . . . . .
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Future Developments
For the latest information about
developments related to Form 8288
and its instructions, such as
legislation enacted after they were
published, go to IRS.gov/Form8288.
What's New
• The Tax Cuts and Jobs Act added
section 1446(f), effective January 1,
Cat. No. 57528F
2018, which generally requires that if
any portion of the gain on a
disposition of an interest in a
partnership would be treated under
section 864(c)(8) as gain effectively
connected within the conduct of a
trade or business in the United States,
the transferee purchasing the interest
in the partnership from a non-U.S.
transferor must withhold a tax equal to
10% of the amount realized on the
disposition unless an exception to
withholding applies.
• Notice 2018-08, 2018-07 I.R.B.
352, available at IRS.gov/IRB/
2018-07_IRB#NOT-2018-08,
temporarily suspended the application
of section 1446(f) to the transfer of
publicly traded partnership (PTP)
interests.
• Notice 2018-29, 2018-16 I.R.B.
495, available at IRS.gov/IRB/
2018-16_IRB#NOT-2018-29,
provided interim guidance under
section 1446(f)(1) on withholding
related to transfers of non-PTP
interests and temporarily suspended
withholding under section 1446(f)(4).
• Proposed regulations under section
1446(f), available at IRS.gov/IRB/
2019-27_IRB#REG-105476-18, were
issued on May 7, 2019, for transfers
of both non-PTP and PTP interests.
During the period that Notice 2018-29
applied, instead of applying the rules
described in the Notice, taxpayers
and other affected persons may
choose to apply Regulations sections
1.1446(f)-1, 1.1446(f)-2, and
1.1446(f)-5 of the proposed
regulations in their entirety to all
transfers as if they were final
regulations.
• T.D. 9926, published on November
30, 2020, available at IRS.gov/IRB/
2020-51_IRB#TD-9926, contains final
regulations (the section 1446(f)
regulations) relating to withholding
and reporting required under section
1446(f)(1), including requirements
that apply to brokers effecting
transfers of PTP interests, partnership
withholding under section 1446(f)(4)
(on distributions to a transferee that
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failed to properly withhold under
section 1446(f)(1)). The section
1446(f) regulations also revise certain
requirements under section 1446(a)
relating to withholding and reporting
on distributions made by PTPs.
• The section 1446(f) regulations
generally apply to transfers occurring
on or after January 29, 2021.
However, in accordance with Notice
2021-51, 2021-36 I.R.B. 361,
available at IRS.gov/IRB/
2021-36_IRB#NOT-2021-51, the
following provisions of the section
1446(f) regulations apply to transfers
occurring on or after January 1, 2023:
Withholding and reporting on
transfers of PTP interests,
The revisions included in the
section 1446(f) regulations relating
to withholding on PTP distributions
under section 1446(a), and
Partnership withholding under
section 1446(f)(4) on distributions
to a transferee that failed to
properly withhold under section
1446(f)(1).
• To reflect the withholding and
reporting requirements under sections
1446(f)(1) and (f)(4), applicable to
transfers occurring on or after January
1, 2023, updated Forms 8288 and
8288-A and a new Form 8288-C are
being released.
• These instructions have been
updated to incorporate the use of this
form for a transferee of a non-PTP
interest required to withhold under
section 1446(f)(1) on the amount
realized from the transfer and for
partnership withholding under section
1446(f)(4) on distributions to a
transferee that failed to withhold under
section 1446(f)(1).
• The General Instructions have been
subdivided into three major sections:
The General Instructions for
Section 1445 Withholding,
The General Instructions for
Section 1446(f)(1) Withholding,
and
The General Instructions for
Section 1446(f)(4) Withholding.
General Instructions
Purpose of Form
Form 8288 is used to report and
transmit amounts withheld on certain
dispositions and distributions that are
subject to sections 1445 and 1446(f)
(1). It is also used to report and
transmit amounts withheld under
section 1446(f)(4) or to claim a credit
or refund for amounts withheld under
section 1446(f)(4) for transfers
occurring on or after January 1, 2023.
Section 1445 withholding. A
withholding obligation under section
1445 is generally imposed on the
buyer or other transferee (withholding
agent) when a U.S. real property
interest (USRPI) is acquired from a
foreign person. The withholding
obligation also applies to foreign and
domestic corporations, qualified
investment entities (QIEs), and the
fiduciaries of certain trusts and
estates that make certain
distributions. This withholding serves
to collect U.S. tax that may be owed
by the foreign person.
If an exception applies, you
TIP may be required to withhold at
a reduced rate or you may not
be required to withhold. See
Exceptions to Section 1445
Withholding, later.
Section 1446(f)(1) withholding.
Section 1446(f)(1) generally imposes
a withholding obligation on the buyer
or other transferee (withholding agent)
on a transfer of an interest in a
partnership (including a distribution
made with respect to such interest) by
a foreign person (transferor) if:
1. The transferor realized a gain
on the sale, and
2. Any portion of the gain would be
treated under section 864(c)(8) as
effectively connected with the conduct
of a trade or business within the
United States.
If an exception applies, you
TIP may be required to withhold at
a reduced rate or you may not
be required to withhold. See
Exceptions to Section 1446(f)(1)
Withholding on Transfers of Non-PTP
Interests, later.
Section 1446(f)(4) withholding.
Section 1446(f)(4) generally imposes
a withholding obligation on a
partnership that makes a distribution
with respect to the transferee of a
partnership interest that failed to
withhold the required amount under
section 1446(f)(1). A transferee may
claim a refund for the excess amount
if the partnership has withheld
amounts in excess of the tax and
interest owed by the transferee.
-2-
If an exception applies, the
TIP partnership may not be
required to withhold. See
Exceptions to Section 1446(f)(4)
Withholding, later.
When not to use Forms 8288 and
8288-A. Do not use Forms 8288 and
8288-A, instead use Forms 1042 and
1042-S to report and pay over these
withheld amounts for any of the
following.
1. A distribution with respect to
gains from the disposition of a USRPI
from a trust that is regularly traded on
an established securities market is
subject to section 1445 but is not
reported on Forms 8288 and 8288-A.
2. A dividend distribution by a
qualified investment entity (QIE) to a
nonresident alien or a foreign
corporation that is attributable to gains
from sales or exchanges of a USRPI
by the QIE. However, a dividend
distribution by a QIE is not subject to
withholding under section 1445 as a
gain from the sale or exchange of a
USRPI if:
a. The distribution is on stock
regularly traded on a securities market
in the United States, and
b. The nonresident alien or foreign
corporation did not own more than
10% (for dispositions and distributions
before December 17, 2015, did not
own more than 5% of such stock in
the case of a real estate investment
trust (REIT)) of that stock at any time
during the 1-year period ending on the
date of the distribution.
The dividend distribution, however,
may be subject to withholding under
section 1441 or 1442.
3. A distribution of effectively
connected taxable income by a PTP
that is subject to the withholding
requirements of section 1446(a).
4. The transfer of a PTP interest
(including a distribution made with
respect to the PTP interest) that is
subject to withholding under section
1446(f).
General Instructions for
Section 1445 Withholding
A withholding obligation under section
1445 is generally imposed on the
buyer or other transferee (withholding
agent) when a USRPI is acquired from
a foreign person. The withholding
obligation also applies to foreign and
Instructions for Form 8288 (Rev. 01-2023)
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domestic corporations, QIEs, and the
fiduciaries of certain trusts and
estates.
withholding by evenly dividing it
among the foreign transferors.
Who Must File
A transferee must file Form 8288 and
transmit the tax withheld to the IRS by
the 20th day after the date of transfer.
A buyer or other transferee of a
USRPI must complete and file Part I of
Form 8288 to report and transmit the
amount withheld. A corporation, QIE,
or fiduciary that is required to withhold
tax under section 1445(e) must
complete and file Part II of Form 8288
to report and transmit the amount
withheld. If two or more persons are
joint transferees, each is obligated to
withhold. However, the obligation of
each will be met if one of the joint
transferees withholds and transmits
the required amount to the IRS.
Amount To Withhold
Generally, you must withhold 15% of
the amount realized on the disposition
by the transferor, defined later.
Note. Prior to February 17, 2016, the
transferor was generally required to
withhold 10% of the amount realized
on the disposition.
For information about:
• Withholding at 21% (35% for
distributions made before January 1,
2018), see Entities Subject to Section
1445(e), later;
• Withholding at a reduced amount,
see Purchase of residence for $1
million or less; and
• Applying for reduction or elimination
of withholding, see Withholding
certificate issued by the IRS, later.
Joint transferors. If one or more
foreign persons and one or more U.S.
persons jointly transfer a USRPI, you
must determine the amount subject to
withholding in the following manner.
1. Allocate the amount realized
from the transfer among the
transferors based on their capital
contribution to the property. For this
purpose, a husband and wife are
treated as having contributed 50%
each.
2. Withhold on the total amount
allocated to foreign transferors.
3. Credit the amount withheld
among the foreign transferors as they
mutually agree. The transferors must
request that the withholding be
credited as agreed upon by the 10th
day after the date of transfer. If no
agreement is reached, credit the
Instructions for Form 8288 (Rev. 01-2023)
When To File
You must withhold even if an
application for a withholding certificate
is or has been submitted to the IRS on
the date of transfer. However, you do
not have to file Form 8288 and
transmit the withholding until the 20th
day after the day the IRS mails you a
copy of the withholding certificate or
notice of denial. But, if the principal
purpose for filing the application for a
withholding certificate was to delay
paying the IRS the amount withheld,
interest and penalties will apply to the
period beginning on the 21st day after
the date of transfer and ending on the
day full payment is made.
Installment payments. You must
withhold the full amount at the time of
the first installment payment. If you
cannot because the payment does not
involve sufficient cash or other liquid
assets, you may obtain a withholding
certificate from the IRS. See the
instructions for Form 8288-B for more
information.
Where To File
Send Form 8288 with the amount
withheld, and copies A and B of
Form(s) 8288-A to:
Ogden Service Center
P.O. Box 409101
Ogden, UT 84409
Forms 8288-A Must Be
Attached
Anyone who completes Form 8288
must also complete a Form 8288-A for
each person subject to withholding.
Copies A and B of Form 8288-A must
be attached to Form 8288. Copy C is
for your records. Multiple Forms
8288-A related to a single transaction
can be filed with one Form 8288. You
are not required to furnish a copy of
Form 8288 or 8288-A directly to the
transferor.
The IRS will stamp Copy B of each
Form 8288-A and will forward the
stamped copy to the foreign person
subject to withholding at the address
shown on Form 8288-A. To receive
credit for the withheld amount, the
transferor must generally attach the
-3-
stamped Copy B of Form 8288-A to a
U.S. income tax return (for example,
Form 1040-NR or 1120-F) or
application for early refund filed with
the IRS.
Transferor's taxpayer identification number (TIN) missing. If you
do not have the transferor's TIN, you
must still file Forms 8288 and 8288-A.
A stamped copy of Form 8288-A will
not be provided to the transferor if the
transferor’s TIN is not included on that
form. The IRS will send a letter to the
transferor requesting the TIN and
providing instructions for how to get a
TIN. When the transferor provides the
IRS with a TIN, the IRS will provide
the transferor with a stamped Copy B
of Form 8288-A.
Penalties
Under section 6651, penalties apply
for failure to file Form 8288 when due
and for failure to pay the withholding
when due. In addition, if you are
required to but do not withhold tax
under section 1445, the tax, including
interest, may be collected from you.
Under section 7202, you may be
subject to a penalty of up to $10,000
for willful failure to collect and pay
over the tax. Corporate officers or
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.
Definitions for Section 1445
Withholding
Agent. An agent is any person who
represents the transferor or transferee
in any negotiation with another person
(or another person’s agent) relating to
the transaction or in settling the
transaction.
Amount realized. The sum of the
cash paid or to be paid (not including
interest or original issue discount), the
fair market value of other property
transferred or to be transferred, and
the amount of any liability assumed by
the transferee or to which the USRPI
is subject immediately before and
after the transfer. Generally, the
amount realized for purposes of this
withholding is the sales or contract
price.
Date of transfer. The first date on
which consideration is paid or a
liability is assumed by the transferee.
However, for purposes of sections
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1445(e)(2), (3), and (4), and
Regulations sections 1.1445-5(c)(1)
(iii) and 1.1445-5(c)(3), the date of
transfer is the date of distribution that
creates the obligation to withhold.
Payment of consideration does not
include the payment before passage
of legal or equitable title of earnest
money (other than pursuant to an
initial purchase contract), a good-faith
deposit, or any similar amount
primarily intended to bind the parties
to the contract and subject to
forfeiture. A payment that is not
forfeitable may also be considered
earnest money, a good-faith deposit,
or a similar sum.
Domestically controlled QIE. A QIE
is domestically controlled if at all times
during the testing period less than
50% in value of its stock was held,
directly or indirectly, by foreign
persons. The testing period is the
shorter of:
• The 5-year period ending on the
date of the disposition (or distribution),
or
• The period during which the entity
was in existence.
For the purpose of determining
whether a QIE is domestically
controlled, the following rules apply.
1. A person holding less than 5%
of any class of stock of a QIE which is
regularly traded on an established
securities market in the United States
at all times during the testing period
will be treated as a U.S. person unless
the QIE has actual knowledge that
such person is not a U.S. person.
2. Any stock in a QIE that is held
by another QIE will be treated as held
by a foreign person if:
• Any class of stock of such other
QIE is regularly traded on an
established securities market, or
• Such other QIE is a regulated
investment company (RIC) that issues
certain redeemable securities.
Notwithstanding the above, the
stock of the QIE will be treated as held
by a U.S. person if such other QIE is
domestically controlled.
3. Stock in a QIE that is held by
any other QIE not described above
will be treated as held by a U.S.
person in proportion to the stock
ownership of such other QIE which is
(or is treated as) held by a U.S.
person.
Foreign person. A nonresident alien
individual, a foreign corporation that
does not have a valid election under
section 897(i) to be treated as a
domestic corporation, a foreign
partnership, a foreign trust, or a
foreign estate. A resident alien
individual is not a foreign person.
A qualified foreign pension fund or
any entity wholly owned by such fund
is not a foreign person for purposes of
section 1445. See sections 897(l) and
1445(f)(3) for more information.
Qualified investment entity (QIE).
A QIE is:
• Any REIT, and
• Any RIC which is a U.S. real
property holding corporation or which
would be a U.S. real property holding
corporation.
In determining if a RIC is a U.S. real
property holding corporation, the RIC
is required to include as USRPIs its
holdings of stock in a RIC or REIT that
is a U.S. real property holding
company, even if such stock is
regularly traded and the RIC did not
own more than 10% of such stock in
the case of a REIT (5% for
dispositions before December 17,
2015) or 5% of such stock in the case
of a RIC, and even if such stock is
domestically controlled.
For more information, see Pub.
515.
Qualified substitute. For this
purpose, a qualified substitute is:
• The person (including any attorney
or title company) responsible for
closing the transaction, other than the
transferor’s agent; and
• The transferee’s agent.
Transferee. Any person, foreign or
domestic, that acquires a USRPI by
purchase, exchange, gift, or any other
transfer.
Transferor. For purposes of this
withholding, this means any foreign
person that disposes of a USRPI by
sale, exchange, gift, or any other
disposition. A disregarded entity
cannot be the transferor for purposes
of section 1445. Instead, the person
considered as owning the assets of
the disregarded entity for federal tax
purposes is regarded as the
transferor. A disregarded entity for
these purposes means an entity that
is disregarded as an entity separate
from its owner under Regulations
-4-
section 301.7701-3, a qualified REIT
subsidiary as defined in section
856(i), or a qualified subchapter S
subsidiary under section 1361(b)(3)
(B).
Transferee’s or transferor’s agent.
For purposes of section 1445(e), a
transferee’s or transferor’s agent is
any person who represents or advises
an entity, a holder of an interest in an
entity, or a fiduciary with respect to the
planning, arrangement, or completion
of a transaction described in sections
1445(e)(1) through (4).
U.S. real property interest (USRPI).
Any interest, other than an interest
solely as a creditor, in the following.
1. Real property located in the
United States or the U.S. Virgin
Islands.
2. Certain personal property
associated with the use of real
property.
3. A domestic corporation, unless
it is shown that the corporation was
not a U.S. real property holding
corporation during the previous 5
years (or during the period in which
the transferor held the interest, if
shorter).
A USRPI does not include the
following.
1. An interest in a domestically
controlled QIE.
2. An interest in a REIT that is held
by a qualified shareholder. For the
definition of a qualified shareholder,
see section 897(k)(3). But see section
897(k)(2)(B) for the cut-back rule if the
qualified shareholder has one or more
applicable investors.
3. An interest in a corporation that:
• Did not hold any USRPI as of the
date the interest in such corporation is
disposed,
• Has disposed of all its USRPIs in
transactions in which the full amount
of any gain was recognized as
provided in section 897(c)(1)(B), and
• Neither such corporation nor any
predecessor of such corporation was
a REIT or a RIC at any time during the
shorter of the previous 5 years or the
period in which the transferor held the
interest.
4. An interest in certain publicly
traded corporations, partnerships, and
trusts.
See Regulations sections 1.897-1
and 1.897-2 for more information.
Instructions for Form 8288 (Rev. 01-2023)
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Also see Transferred property that
isn’t a USRPI, later.
Withholding agent. For purposes of
this return, this means the buyer or
other transferee who acquires a
USRPI from a foreign person.
Exceptions to Section 1445
Withholding
Withholding at a Reduced Rate
Purchase of residence for $1 million or less. Withholding is required
at a reduced rate of 10% in the case
of a disposition of:
• A property which is acquired by the
transferee for use by the transferee as
a residence, and
• The amount realized for the
property is $1 million or less.
However, see Purchase of residence
for $300,000 or less next.
Withholding Not Required
Purchase of residence for
$300,000 or less. If one or more
individuals acquire U.S. real property
for use as a residence and the amount
realized (in most cases, the sales
price) is $300,000 or less, no
withholding is required.
A USRPI is acquired for use as a
residence if you or a member of your
family has definite plans to reside in
the property for at least 50% of the
number of days the property is used
by any person during each of the first
two 12-month periods following the
date of transfer. Do not take into
account the number of days the
property will be vacant in making this
determination. No form or other
document is required to be filed with
the IRS for this exception, however, if
you do not in fact use the property as
a residence, the withholding tax may
be collected from you.
This exception applies whether or
not the transferor (seller) is an
individual, partnership, trust,
corporation, or other transferor.
However, this exception does not
apply if the actual transferee (buyer) is
not an individual, even if the property
is acquired for an individual.
Transferor not a foreign person.
Generally, no withholding is required if
you receive a certification of
nonforeign status from the transferor,
signed under penalties of perjury,
stating that the transferor is not a
Instructions for Form 8288 (Rev. 01-2023)
foreign person and containing the
transferor’s name, address, and TIN
(social security number (SSN) or
employer identification number (EIN)).
A certification of nonforeign status
includes a valid Form W-9 submitted
by the transferor. The transferor can
give the certification to a qualified
substitute (defined earlier). The
qualified substitute gives you a
statement, under penalties of perjury,
that the certification is in the qualified
substitute’s possession.
If you receive a certification (or
statement), the withholding tax cannot
be collected from you unless you
knew that the certification (or
statement) was false or you received
a notice from your agent, the
transferor’s agent, or the qualified
substitute that it was false. The
certification must be signed by the
individual, a responsible officer of a
corporation, a general partner of a
partnership, or the trustee, executor,
or fiduciary of a trust or estate.
A disregarded entity may not certify
that it is the transferor for U.S. tax
purposes. Rather, the owner of the
disregarded entity is treated as the
transferor of the property and must
provide the certificate of nonforeign
status to avoid withholding under
section 1445.
A foreign corporation electing to be
treated as a domestic corporation
under section 897(i) must attach to
the certification a copy of the
acknowledgment of the election
received from the IRS. The
acknowledgment must state that the
information required by Regulations
section 1.897-3 has been determined
to be complete. If the
acknowledgment is not attached, you
may not rely on the certification. Keep
any certification of nonforeign status
you receive in your records for 5 years
after the year of transfer.
A qualified foreign pension fund or
any entity wholly owned by such fund
may provide a certification of
nonforeign status to establish that it is
not a foreign person for purposes of
section 1445. See sections 897(l) and
1445(f)(3) for more information.
You may also use other means to
determine that the transferor is not a
foreign person. But if you do and it is
later determined that the transferor is
a foreign person, the withholding tax
may be collected from you.
-5-
Late notice of false certification.
If, after the date of transfer, you
receive a notice from your agent, the
transferor’s agent, or the qualified
substitute that the certification of
nonforeign status is false, you do not
have to withhold on consideration
paid before you received the notice.
However, you must withhold the full
15% of the amount realized from any
consideration that remains to be paid,
if possible. You must do this by
withholding and paying over the entire
amount of each successive payment
of consideration until the full 15% has
been withheld and paid to the IRS.
These amounts must be reported and
transmitted to the IRS by the 20th day
following the date of each payment.
Transferred property that isn’t a
USRPI. If you acquire an interest in
property that is not a USRPI (defined
under U.S. real property interest
(USRPI), earlier), withholding is
generally not required. A USRPI
includes certain interests in U.S.
corporations, as well as direct
interests in real property and certain
associated personal property.
No withholding is required on the
acquisition of an interest in a domestic
corporation if (a) any class of stock of
the corporation is regularly traded on
an established securities market, or
(b) the transferee receives a
statement issued by the corporation
that the interest is not a USRPI,
unless you know that the statement is
false or you receive a notice from your
agent or the transferor’s agent that the
statement is false. A corporation’s
statement may be relied on only if it is
dated not more than 30 days before
the date of transfer.
Late notice of false statement.
If, after the date of transfer, you
receive a notice indicating that the
statement is false, see Late notice of
false certification, earlier.
Generally, no withholding is
required on the acquisition of an
interest in a foreign corporation.
However, withholding may be
required if the foreign corporation has
made the election under section
897(i) to be treated as a domestic
corporation.
Transferor’s nonrecognition of
gain or loss. You may receive a
notice from the transferor signed
under penalties of perjury stating that
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the transferor is not required to
recognize gain or loss on the transfer
because of a nonrecognition provision
of the Internal Revenue Code (see
Temporary Regulations section
1.897-6T(a)(2)) or a provision in a
U.S. tax treaty. You may rely on the
transferor’s notice, and not withhold,
unless (a) only part of the gain
qualifies for nonrecognition, or (b) you
know or have reason to know that the
transferor is not entitled to the claimed
nonrecognition treatment.
No particular form is required for
this notice. By the 20th day after the
date of transfer, you must send a copy
of the notice of nonrecognition (with a
cover letter giving your name,
address, and TIN) to:
Ogden Service Center
P.O. Box 409101
Ogden, UT 84409
See Regulations section 1.1445-2(d)
(2) for more information on the
transferor’s notice of nonrecognition.
A notice of nonrecognition
cannot be used for the
CAUTION exclusion from income under
section 121, like-kind exchanges that
do not qualify for nonrecognition
treatment in their entirety, and
deferred like-kind exchanges that
have not been completed when it is
time to file Form 8288. In these cases,
a withholding certificate issued by the
IRS, as described next, must be
obtained.
!
Withholding certificate issued by
the IRS. A withholding certificate
may be issued by the IRS to reduce or
eliminate withholding on dispositions
of USRPIs by foreign persons. Either
a transferee or transferor may apply
for the certificate. The certificate may
be issued if:
• Reduced withholding is appropriate
because the 10%, 15%, or 21% (35%
for distributions made before January
1, 2018) amount exceeds the
transferor’s maximum tax liability;
• The transferor is exempt from U.S.
tax or nonrecognition provisions
apply; or
• The transferee or transferor enters
into an agreement with the IRS for the
payment of the tax.
An application for a withholding
certificate must comply with the
provisions of Regulations sections
1.1445-3 and 1.1445-6, and Rev.
Proc. 2000-35, 2000-35 I.R.B. 211.
You can find Rev. Proc. 2000-35 at
IRS.gov/pub/irs-irbs/irb00-35.pdf. In
certain cases, you may use Form
8288-B to apply for a withholding
certificate. The IRS will normally act
on an application by the 90th day after
a complete application is received.
If you receive a withholding
certificate from the IRS that excuses
withholding, you are not required to
file Form 8288. However, if you
receive a withholding certificate that
reduces (rather than eliminates)
withholding, there is no exception to
withholding, and you are required to
file Form 8288. Attach a copy of the
withholding certificate to Form 8288.
See When To File under General
Instructions for Section 1445
Withholding, earlier, for more
information.
No consideration paid. Withholding
is not required if the amount realized
by the transferor is zero (for example,
the property is transferred as a gift
and the recipient does not assume
any liabilities or furnish any other
consideration to the transferor).
Options to acquire USRPIs. No
withholding is required with respect to
any amount realized by the grantor on
the grant or lapse of an option to
acquire a USRPI. However,
withholding is required on the sale,
exchange, or exercise of an option.
Property acquired by a governmental unit. If the property is
acquired by the United States, a U.S.
state or possession or political
subdivision, or the District of
Columbia, withholding is generally not
required.
For rules that apply to foreclosures,
see Regulations section 1.1445-2(d)
(3).
Applicable wash sale transaction.
If a distribution from a domestically
controlled QIE is treated as a
distribution of a USRPI only because
an interest in the entity was disposed
of in an applicable wash sale
transaction, withholding is generally
not required. See section 897(h)(5).
Late Filing of Certification or
Notice
You may be eligible for relief for a late
filing if a statement or notice was not
provided to the relevant person or the
IRS by the specified deadline and if
-6-
you have reasonable cause for the
failure to make a timely filing. Once
you become aware that you have
failed to timely file certain certificates
or notices, you must file the required
certification or notice with the
appropriate person or the IRS. Also
include the following.
• A statement at the top of the
document(s) that it is “FILED
PURSUANT TO REV. PROC.
2008-27.”
• An explanation describing why the
failure was due to reasonable cause.
Within the explanation, provide that
you filed with, or obtained from, an
appropriate person the required
certification or notice.
The completed certification or
notice attached to the explanation
must be sent to:
Ogden Service Center
P.O. Box 409101
Ogden, UT 84409
For more information, see Rev.
Proc. 2008-27, 2008-21 I.R.B. 1014,
available at IRS.gov/IRB/
2008-21_IRB#RP-2008-27.
Liability of Agents
If you (or the qualified substitute)
received (a) a transferor’s certification
of nonforeign status, or (b) a
corporation’s statement that an
interest is not a USRPI, and the
transferee’s or transferor’s agent, or
the substitute, knows the document is
false, the agent (or substitute) must
notify you. If notification is not
provided, the agent (or substitute) will
be liable for the tax that should have
been withheld, but only to the extent
of the agent’s (or substitute’s)
compensation from the transaction.
If you (or the substitute) receive a
notice of false certification or
statement from your agent, the
transferor’s agent, or the qualified
substitute, you must withhold tax as if
you had not received a certification or
statement. See Late notice of false
certification, earlier.
A person is not treated as an agent
if the person only performs one or
more of the following acts in
connection with the transaction.
1. Receiving and disbursing any
part of the consideration.
2. Recording any document.
Instructions for Form 8288 (Rev. 01-2023)
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3. Typing, copying, and other
clerical tasks.
4. Obtaining title insurance reports
and reports concerning the condition
of the property.
5. Transmitting documents
between the parties.
6. Functioning exclusively in his or
her capacity as a representative of a
condominium association or
cooperative housing corporation. This
exemption includes the board of
directors, the committee, or other
governing body.
Entities Subject to Section
1445(e)
Withholding under section 1445(e) is
required on certain distributions and
other transactions by domestic or
foreign corporations, QIEs, trusts, and
estates. A domestic trust or estate
must withhold 21% (35% for
distributions made before January 1,
2018) of the amount distributed to a
foreign beneficiary from a “U.S. real
property interest account” that it is
required to establish under
Regulations section 1.1445-5(c)(1)
(iii). A foreign corporation that has not
made the election under section
897(i) must withhold 21% (35% for
distributions made before January 1,
2018) of the gain it recognizes on the
distribution of a USRPI to its
shareholders. Certain domestic
corporations are required to withhold
tax on distributions to foreign
shareholders.
No withholding is required on the
transfer of an interest in a domestic
corporation if any class of stock of the
corporation is regularly traded on an
established securities market. Also,
no withholding is required on the
transfer of an interest in a PTP or
trust.
No withholding will be required with
respect to an interest holder if the
entity or fiduciary receives a
certification of nonforeign status from
the interest holder. A certification of
nonforeign status includes a valid
Form W-9 submitted by the transferor.
An entity or fiduciary may also use
other means to determine that an
interest holder is not a foreign person,
but if it does so and it is later
determined that the interest holder is
a foreign person, the withholding may
be collected from the entity or
fiduciary.
Instructions for Form 8288 (Rev. 01-2023)
Section 1445(e)(1)
Transactions
Partnerships. A domestic
partnership that is not publicly traded
must withhold tax under section
1446(a) on effectively connected
taxable income allocated to its foreign
partners and must file Forms 8804
and 8805. A PTP or nominee must
generally withhold tax under section
1446(a) on distributions to its foreign
partners and must file Forms 1042
and 1042-S. Because a domestic
partnership that disposes of a USRPI
is required to withhold under section
1446(a), it is not required to withhold
under section 1445(e)(1).
Trusts and estates. If a domestic
trust or estate disposes of a USRPI,
the amount of gain realized must be
paid into a separate “USRPI account.”
For these purposes, a domestic trust
is one that does not make the large
trust election (explained next), is not a
QIE, and is not publicly traded. The
fiduciary must withhold 21% (35% for
distributions made before January 1,
2018) of the amount distributed to a
foreign person from the account
during the tax year of the trust or
estate in which the disposition
occurred. The withholding must be
paid over to the IRS within 20 days of
the date of distribution. Special rules
apply to grantor trusts. See
Regulations section 1.1445-5 for more
information and how to compute the
amount subject to withholding.
Large trust election. Trusts with
more than 100 beneficiaries may
make an election to withhold upon
distribution rather than at the time of
transfer. The amount to be withheld
from each distribution is 21% (35% for
distributions made before January 1,
2018) of the amount attributable to the
foreign beneficiary’s proportionate
share of the current balance of the
trust’s section 1445(e)(1) account.
This election does not apply to any
QIE or to any publicly traded trust.
Special rules apply to large trusts that
make recurring sales of growing crops
and timber.
A trust’s section 1445(e)(1)
account is the total net gain realized
by the trust on all section 1445(e)(1)
transactions after the date of the
election, minus the total of all
distributions made by the trust after
the date of the election from such total
-7-
net gain. See Regulations section
1.1445-5(c)(3) for more information.
Section 1445(e)(2)
Transactions
A foreign corporation that distributes a
USRPI must generally withhold 21%
(35% for distributions made before
January 1, 2018) of the gain
recognized by the corporation. No
withholding or reduced withholding is
required if the corporation receives a
withholding certificate from the IRS.
Section 1445(e)(3)
Transactions
Generally, a domestic corporation that
distributes any property to a foreign
person that holds an interest in the
corporation must withhold 15% (10%
for distributions before February 17,
2016) of the fair market value of the
property distributed if:
• The foreign person’s interest in the
corporation is a USRPI under section
897; and
• The property is distributed in
redemption of stock under section
302, in liquidation of the corporation
under sections 331 through 346, or
with respect to stock under section
301 that is not made out of the
earnings and profits of the
corporation.
No withholding or reduced
withholding is required if the
corporation receives a withholding
certificate from the IRS.
Section 1445(e)(4)
Transactions
No withholding is required under
section 1445(e)(4), relating to certain
taxable distributions by domestic or
foreign partnerships, trusts, and
estates, until the effective date of a
Treasury Decision under section
897(e)(2)(B)(ii) and (g).
Though withholding is not
currently required under
CAUTION section 1445(e)(4),
withholding may be required under
section 1446(f)(1) on the amount
realized when a domestic or foreign
partnership makes a distribution to a
foreign partner.
!
Section 1445(e)(5)
Transactions
The transferee of a partnership
interest must withhold 15% (10% for
dispositions before February 17,
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2016) of the amount realized on the
disposition by a foreign partner of an
interest in a domestic or foreign
partnership in which at least 50% of
the value of the gross assets consists
of USRPIs and at least 90% of the
value of the gross assets consists of
U.S. real property, interests plus any
cash or cash equivalents. However,
no withholding is required under
section 1445(e)(5) for dispositions of
interests in other partnerships, trusts,
or estates until the effective date of a
Treasury Decision under section
897(g). No withholding is required if,
no earlier than 30 days before the
transfer, the transferee receives a
statement signed by a general partner
under penalties of perjury that at least
50% of the value of the gross assets
of the partnership does not consist of
USRPIs or that at least 90% of the
value of the gross assets does not
consist of USRPIs, plus cash or cash
equivalents. The transferee may rely
on the statement unless the
transferee knows it is false or the
transferee receives a false statement
notice pursuant to Regulations section
1.1445-4.
A disposition of a partnership
interest that meets this
CAUTION exception may instead be
subject to withholding under section
1446(f)(1). See Transfers of
Partnership Interests Subject to
Withholding Under Sections 1445(e)
(5) and 1446(f)(1), later.
!
Section 1445(e)(6)
Transactions
A QIE must withhold 21% (35% for
distributions made before January 1,
2018) of a distribution to a
nonresident alien or a foreign
corporation that is treated as gain
realized from the sale or exchange of
a USRPI. No withholding under
section 1445 is required on a
distribution to a nonresident alien or
foreign corporation if the distribution is
on stock regularly traded on a
securities market in the United States
and the alien or corporation did not
own more than 10% (for distributions
before December 17, 2015, did not
own more than 5% of such stock in
case of a REIT) of that stock at any
time during the 1-year period ending
on the date of distribution.
A distribution made after December
17, 2015, by a REIT is generally not
treated as gain from the sale or
exchange of a USRPI if the
shareholder is a qualified shareholder
(as described in section 897(k)(3)).
General Instructions for
Section 1446(f)(1)
Withholding
Section 1446(f)(1) generally imposes
a 10% withholding obligation on the
buyer or other transferee (withholding
agent) when an interest in a
partnership is acquired from a foreign
person (transferor) if:
1. The transferor realized a gain
on the sale, and
2. Any portion of the gain would be
treated under section 864(c)(8) as
effectively connected with the conduct
of a trade or business within the
United States (effectively connected
gain).
A transfer can occur when a
partnership distribution results in gain
under section 731. Under section
1446(f)(4), if the transferee fails to
withhold any required amount, the
partnership must deduct and withhold
from distributions to the transferee the
amount that the transferee failed to
withhold (plus interest). See General
Instructions for Section 1446(f)(4)
Withholding, later.
Who Must File
Unless any of exceptions 1 through 5
of the Exceptions to Section 1446(f)
(1) Withholding on Transfers of
Non-PTP Interests, later, applies, a
buyer or other transferee of a
partnership interest must complete
and file Part III of Form 8288 to report
and transmit the amount withheld.
Amount To Withhold
Generally, you must withhold 10% of
the transferor’s amount realized on
the transfer, defined later.
When To File
A transferee must file Form 8288 and
transmit the tax withheld to the IRS by
the 20th day after the date of transfer.
Where To File
Send Form 8288 with the amount
withheld, and copies A and B of
Form(s) 8288-A to:
Ogden Service Center
P.O. Box 409101
Ogden, UT 84409
-8-
Forms 8288-A Must Be
Attached
Anyone who completes Form 8288
must also complete a Form 8288-A for
each person subject to withholding.
Copies A and B of Form 8288-A must
be attached to Form 8288. Copy C is
for your records. Multiple Forms
8288-A related to a single transaction
can be filed with one Form 8288. You
are not required to furnish a copy of
Form 8288 or 8288-A directly to the
transferor.
The IRS will stamp Copy B of each
Form 8288-A and will forward the
stamped copy to the foreign person
subject to withholding at the address
shown on Form 8288-A. To receive
credit for the withheld amount, the
transferor must generally attach the
stamped Copy B of Form 8288-A to a
U.S. income tax return (for example,
Form 1040-NR or 1120-F).
Transferor’s taxpayer identification number (TIN) missing. If you
do not have the transferor's TIN, you
must still file Forms 8288 and 8288-A.
A stamped copy of Form 8288-A will
not be provided to the transferor if the
transferor’s TIN is not included on that
form. The IRS will send a letter to the
transferor requesting the TIN and
provide instructions for how to get a
TIN. When the transferor provides the
IRS with a TIN, the IRS will provide
the transferor with a stamped Copy B
of Form 8288-A.
Penalties
Under section 6651, penalties apply
for failure to file Form 8288 when due
and for failure to pay the withholding
when due. In addition, if you are
required to but do not withhold tax
under section 1446(f)(1), the tax,
including interest, may be collected
from you. Under section 7202, you
may be subject to a penalty of up to
$10,000 for willful failure to collect and
pay over the tax. Corporate officers or
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. See Regulations section
1.1461-3 for other penalties that may
apply.
Definitions for Section 1446(f)
(1) Withholding
Amount realized. See Determining
the Amount To Withhold, later.
Instructions for Form 8288 (Rev. 01-2023)
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Controlling partner. A partner that,
together with any person that bears a
relationship described in section
267(b) or 707(b)(1) to the partner,
owns directly or indirectly a 50% or
greater interest in the capital, profits,
deductions, or losses of the
partnership at any time within the 12
months before the determination date.
Foreign person. A person that is not
a U.S. person, including a qualified
intermediary (QI) branch of a U.S.
financial institution (as defined in
Regulations section 1.1471-1(b)
(109)).
TIN. The TIN assigned to a person
under section 6109.
Transfer. A sale, exchange, or other
disposition, which includes a
distribution from a partnership to a
partner, as well as a transfer treated
as a sale or exchange under section
707(a)(2)(B).
Transferee. Any person, foreign or
domestic, that acquires a partnership
interest through a transfer, and
includes a partnership that makes a
distribution.
Transferor. Generally means any
person, foreign or domestic, that
transfers a partnership interest. In the
case of a trust, to the extent all or a
portion of the income of the trust is
treated as owned by the grantor or
another person under sections 671
through 679 (such trust, a grantor
trust), the term “transferor” means the
grantor or such other person.
Transferor’s agent or transferee’s
agent. Any person who represents
the transferor or transferee
(respectively) in any negotiation with
another person relating to the
transaction or in settling the
transaction. A person will not be
treated as a transferor’s agent or a
transferee’s agent solely because it
performs one or more of the activities
described in Regulations section
1.1445-4(f)(3) (relating to activities of
settlement officers and clerical
personnel).
U.S. person. A person described in
section 7701(a)(30).
Exceptions to Section 1446(f)
(1) Withholding on Transfers of
Non-PTP Interests
A transferee, including a partnership
when the partner is a distributee, is
Instructions for Form 8288 (Rev. 01-2023)
not required to withhold on the
transfer of a non-PTP interest if it
properly relies on one of the following
six certifications, the requirements of
which are more fully described in
Regulations section 1.1446(f)-2(b)
and Pub. 515. A transferee may not
rely on a certification if it has actual
knowledge that the certification is
incorrect or unreliable. A certification
must provide the name and address
of the person providing it, be signed
under penalties of perjury, and
generally include the TIN of the
transferor. See Regulations sections
1.1446(f)-1(c)(2)(i) and 1.1446(f)-2(b)
(1). Only the certification for exception
6 (related to claims for treaty benefits)
must be submitted to the IRS.
A partnership that is a transferee
because it makes a distribution may
generally rely on a certification from a
transferor in the same manner, with
the following modifications.
• For exception 2, a distributing
partnership may rely on its books and
records or on a certification from the
distributee partner.
• For exception 3, a distributing
partnership may only rely on its books
and records.
• For exception 4, a distributing
partnership may only rely on its books
and records but must also obtain a
representation from the distributee
partner stating that the distributee
partner satisfies the reporting and tax
payment requirements with respect to
the partnership’s ECI for the look-back
period.
A partnership may not rely on its
books and records if it knows, or has
reason to know, that the information in
its own books and records is incorrect
or unreliable.
Exceptions
The relevant information for many of
the exceptions is based on a
determination date. See Regulations
section 1.1446(f)-1(c)(4) and Pub.
515 for more information regarding
the determination date.
1. Certification of nonforeign status. The transferor provides a
certification of nonforeign status
signed under penalties of perjury that
states that the transferor is not a
foreign person, and provides the
transferor’s name, TIN, and address.
A certification of nonforeign status
-9-
includes a valid Form W-9 (including a
valid form that it already has in its
possession).
2. Certification of no realized gain.
The transferor provides a certification
that there was no realized gain on the
transfer of the partnership interest
(including no ordinary income arising
from the application of section 751
and Regulations section 1.751-1) as
of the determination date.
3. Certification of less than 10% effectively connected gain. The
transferor provides a certification from
the partnership stating that:
1. On the deemed sale of the
partnership assets in the manner
described in Regulations section
1.864(c)(8)-1(c) as of the
determination date either:
a. The partnership would have no
effectively connected gain (or the net
amount of its effectively connected
gain would be less than the 10% of
the total net gain), or
b. The transferor’s distributive
share of net effectively connected
gain resulting from the deemed sale
would be less than 10% of the
transferor’s distributive share of the
total net gain; or
2. The partnership was not
engaged in a trade or business within
the United States at any time during
the tax year of the partnership until the
date of transfer.
4. Certification of less than 10% effectively connected income (ECI).
The transferor provides a certification
that:
1. The transferor was a partner in
the partnership for the transferor’s
immediately prior tax year (for which it
has already received a Schedule K-1
(Form 1065)) and the 2 preceding tax
years (the look-back period) and had
a distributive share of gross income
from the partnership in each of these
years;
2. The transferor’s distributive
share of gross ECI from the
partnership, and from certain persons
related to the transferor, as reported
on a Schedule K-1 (Form 1065) or
other statement required by the
partnership, was less than $1 million
for each of the tax years during the
look-back period;
3. The transferor’s distributive
share of partnership gross ECI, as
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reported on a Schedule K-1 (Form
1065) or other statement required by
the partnership, for each year during
the look-back period, was less than
10% of its total distributive share of
partnership gross income; and
4. For each year during the
look-back period, the transferor’s
distributive share of partnership ECI
or gain (or losses properly allocated
and apportioned to that income) has
been timely reported on a federal
income tax return of the transferor (or
if the transferor was a partnership, its
direct or indirect nonresident alien and
foreign corporate partners) and any
tax due with respect to such amounts
has been timely paid, provided the
return was required to be filed when
the transferor furnishes the
certification.
5. Certification of nonrecognition.
The transferor provides a certification
that it is not required to recognize any
gain or loss with respect to the
transfer by reason of the operation of
a nonrecognition provision of the
Internal Revenue Code. The
certification must briefly describe the
transfer and provide the relevant law
and facts relating to the certification.
This exception does not apply if
only a portion of the gain is not
recognized. In that case, the
transferor may be able to provide a
Certification of maximum tax liability,
later, if the requirements under
Regulations section 1.1446(f)-2(c)(4)
(v) are met.
6. Certification that an income tax
treaty applies. The transferor
provides a certification using Form
W-8BEN or W-8BEN-E, as applicable,
or applicable substitute form that
meets the requirements under
Regulations section 1.1446-1(c)(5)
that the transferor is not subject to tax
on any gain from the transfer pursuant
to an income tax treaty. The form
should contain the information
necessary to support the claim for
treaty benefits. Within 30 days after
the date of the transfer, the transferee
must mail certain information, plus a
copy of the certificate, to the IRS, at
the address in Where To File, earlier.
The transferor may not provide this
certification if any portion of the gain is
subject to tax. In that case, the
transferor may be able to provide a
Certification of maximum tax liability,
later, if the requirements under
Regulations section 1.1446(f)-2(c)(4)
(vi) are met.
Determining the Amount To
Withhold
In general, the transferee must
withhold 10% of the amount realized.
The amount realized includes the
following.
1. The cash paid (or to be paid),
2. The fair market value of
property transferred (or to be
transferred),
3. The amount of any liabilities
assumed by the transferee or to which
the partnership is subject, and
4. The reduction in the transferor’s
share of partnership liabilities.
The rules for determining the
amount to withhold are contained in
Regulations section 1.1446(f)-2(c).
See also Pub. 515. If certain
requirements are met, the transferee
may rely on a certification of the
amount of the transferor's share of
partnership liabilities reported on the
most recent Schedule K-1 (Form
1065) issued by the partnership or a
certification from a partnership that
provides the amount of the
transferor's share of partnership
liabilities as of the determination date.
Modified amount realized. If a
foreign partnership is the transferor,
separate rules may apply to determine
a modified amount realized. The
modified amount realized is
determined by multiplying the amount
realized by the aggregate percentage
computed as of the determination
date. The aggregate percentage is the
percentage of the gain (if any) arising
from the transfer that would be
allocated to any presumed foreign
taxable persons. For this purpose, a
presumed foreign taxable person is
any person that has not provided a
certification of nonforeign status, as
previously described in the exception
1 to withholding, or a certification that,
pursuant to a tax treaty, no portion of
the foreign taxable person’s gain is
subject to tax. The foreign partnership
claims the modified amount realized
by providing a certification on Form
W-8IMY as provided under
Regulations section 1.1446(f)-2(c)(2)
(iv). The transferee should not submit
the certification to the IRS for
approval.
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Lack of money or property or lack
of knowledge regarding liabilities.
Under certain circumstances, the
amount that the transferee must
withhold equals 100% of the amount
realized without regard to any
decrease in the transferor’s share of
the partnership liabilities. These
circumstances are if:
1. The amount otherwise required
to be withheld would exceed the
amount realized determined without
regard to the decrease in the
transferor’s share of partnership
liabilities, or
2. The transferee is unable to
determine the amount realized
because it does not have actual
knowledge of the transferor’s share of
partnership liabilities (and has not
received or cannot rely on a
certification of the transferor’s share of
partnership liabilities received from
the transferor (including the most
recent Schedule K-1 (Form 1065)) or
a certification of the transferor’s share
of liabilities received from the
partnership).
Certification of maximum tax liability. A transferor that meets certain
requirements can certify its maximum
tax liability to the transferee. The
maximum tax liability is the amount of
the transferor’s effectively connected
gain multiplied by the applicable
percentage described in Regulations
section 1.1446-3(a)(2). The
applicable percentage for foreign
corporations is the highest rate of tax
under section 11(b) and for
non-corporations is the highest rate of
tax under section 1. This certification
may be used if a nonrecognition
provision or an income tax treaty
excludes only a portion of the
effectively connected gain. The
certification should not be submitted
to the IRS for approval.
Transfers of Partnership
Interests Subject to
Withholding Under Sections
1445(e)(5) and 1446(f)(1)
The transfer of a partnership interest
may be subject to withholding under
section 1445(e)(5) or Regulations
section 1.1445-11T(d)(1) if 50% or
more of the value of the partnership’s
gross assets consists of USRPIs, and
90% or more of the value of its gross
assets consists of USRPIs plus any
Instructions for Form 8288 (Rev. 01-2023)
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cash or cash equivalents. The transfer
of a partnership interest may also be
subject to withholding under section
1446(f)(1) and Regulations section
1.1446(f)-2, if the partnership also
holds other property used in the
conduct of a trade or business within
the United States. If both sections
1445(e)(5) and 1446(f)(1) could apply
to the same transfer, the transfer is
subject to the payment and reporting
requirements of section 1445 only and
not section 1446(f)(1). However, if the
transferor has applied for a
withholding certificate under the last
sentence of Regulations section
1.1445-11T(d)(1), the transferee must
withhold the greater of the amounts
required under section 1445(e)(5) or
1446(f)(1). A transferee that has
complied with the withholding
requirements under either section
1445(e)(5) or 1446(f)(1), as described
in this paragraph, will be deemed to
satisfy its withholding requirement.
Liability of Agents
A transferee’s or transferor’s agent
must provide notice to a transferee (or
other person required to withhold) if
that agent is furnished with a
certification described in Regulations
1.1446(f)-1 or 1.1446(f)-2 that the
agent knows is false. A person
required to withhold may not rely on a
certification if it receives the notice
described in Regulations section
1.1446(f)-5(c)(1). An agent’s liability is
limited to the amount of compensation
that the agent derives from the
transaction. In addition, an agent that
assists in the preparation of, or fails to
disclose knowledge of, a false
certification may be liable for civil and
criminal penalties. For more
information, see Regulations section
1.1446(f)-5.
General Instructions for
Section 1446(f)(4)
Withholding
Section 1446(f)(4) generally imposes
a withholding obligation on a
partnership that makes a distribution
to a transferee partner that failed to
withhold the required amount under
section 1446(f)(1) when it acquired an
interest in the partnership.
Withholding under section 1446(f)(4)
applies to transfers of interests in
partnerships, other than publicly
traded partnerships (PTPs), that occur
on or after January 1, 2023.
Instructions for Form 8288 (Rev. 01-2023)
Who Must File
Unless an exception applies (see
Exceptions to Section 1446(f)(4)
Withholding, later), a partnership that
makes a distribution to a transferee
partner that failed to properly withhold
under section 1446(f)(1) must
complete and file Part IV of Form
8288 to report and transmit the
amount withheld.
Amount To Withhold
The partnership must generally
withhold the entire amount of each
distribution made to the transferee
partner until it has met its withholding
obligation under section 1446(f)(4).
Generally, the partnership’s
withholding obligation will be 10% of
the amount realized on the transfer,
plus interest. See Withholding under
Section 1446(f)(4), later.
When To File
A partnership must file Form 8288 and
transmit the tax withheld to the IRS by
the 20th day after the date of the
distribution to the transferee.
Where To File
Send Form 8288 with the amount
withheld, and copy A of Form(s)
8288-C to:
Ogden Service Center
P.O. Box 409101
Ogden, UT 84409
Form 8288-C Must Be Attached
A partnership should file a separate
Form 8288 with Part IV completed and
only one Form 8288-C attached for
each distribution per transferee
partner subject to the withholding
requirements of section 1446(f)(4).
Copy A of Form 8288-C must be
attached to Form 8288. Copy B is
sent to the transferee(s). Copy C is for
your records.
Transferor’s taxpayer identification number (TIN) missing. If you
do not have the transferee's TIN, you
must still file Forms 8288 and 8288-C.
The IRS will send a letter to the
transferee requesting the TIN and
provide instructions for how to get a
TIN.
For the definitions of transfer,
TIP transferee, and transferor, see
Definitions for Section 1446(f)
(1) Withholding, earlier.
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Penalties
Under section 6651, penalties apply
for failure to file Form 8288 when due
and for failure to pay the withholding
when due. In addition, if you are
required to but do not withhold tax
under section 1446(f)(4), the tax,
including interest, may be collected
from you. Under section 7202, you
may be subject to a penalty of up to
$10,000 for willful failure to collect and
pay over the tax. The general
partner(s) or 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.
Exceptions to Section 1446(f)
(4) Withholding
Withholding has been satisfied by
transferee. A partnership is not
required to withhold under section
1446(f)(4) if it relies on a timely
certification of withholding received
from the transferee that states that an
exception to withholding applies or
that the transferee withheld the full
amount required to be withheld.
PTP interests. A PTP is not required
to withhold under section 1446(f)(4).
Distributing partnerships. A
partnership that is a transferee
because it made a distribution subject
to section 1446(f)(1) is not required to
withhold under section 1446(f)(4).
Withholding under Section
1446(f)(4)
Certification of withholding. A
partnership must determine the
amount realized on the transfer and
any amount withheld by the transferee
based on a certification of withholding
from the transferee, without regard to
whether the certification is received
timely. A partnership may not rely on
the certification of withholding if it
knows or has reason to know that it is
incorrect or unreliable. A partnership
that already possesses a certification
of nonforeign status (including a Form
W-9) for the transferor may instead
rely on this certification to determine
that it has no withholding obligation.
However, if the partnership receives a
certification of withholding that is
inconsistent with the information on
the certification of nonforeign status in
its possession, the partnership is
treated as having actual knowledge,
or reason to know, that the
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certification of nonforeign status is
incorrect or unreliable.
A partnership that does not receive
or cannot rely on a certification from
the transferee must withhold under
section 1446(f)(4) until it receives a
certification that it can rely on.
Notification from the IRS. A
partnership that receives notification
from the IRS that a transferee has
provided incorrect information
regarding the amount realized or
amount withheld on the certification or
has failed to pay the IRS the amount
reported as withheld on the
certification must withhold the amount
prescribed in the notification on any
distributions made to the transferee
on or after the date that is 15 days
after it receives the notification. The
IRS will not issue a notification on the
basis that the amount realized on the
certification is incorrect if it determines
that the transferee properly relied on a
certification that included the incorrect
information to compute the amount
realized.
Subsequent transferees. A
partnership is not required to withhold
on distributions that are made after
the date on which the transferee
disposes of the transferred interest,
unless the partnership has actual
knowledge that any person that
acquires the transferee's interest in
the partnership is a related person,
that is, a person that bears a
relationship described in section
267(b) or 707(b)(1) with respect to the
transferee or the transferor from which
the transferee acquired the interest.
When to withhold. A partnership
must withhold on distributions made
with respect to a transferred interest
beginning on the later of:
• The date that is 30 days after the
date of transfer, or
• The date that is 15 days after the
date on which the partnership
acquires actual knowledge that the
transfer has occurred.
A partnership is treated as
satisfying its withholding obligation
and may stop withholding on
distributions with respect to a
transferred interest on the earlier of:
• The date on which the partnership
completes withholding and paying the
amount required to be withheld, or
• The date on which the partnership
receives and may rely on a
certification from the transferee
(without regard to whether such
certification is timely received) that
claims an exception to section 1446(f)
(1) withholding.
Amount of withholding. A
partnership required to withhold under
section 1446(f)(4) must withhold the
full amount of each distribution made
with respect to the transferred interest
until it has withheld:
• A tax of 10% of the amount realized
(generally the amount realized on the
transfer determined solely under
Regulations section 1.1446(f)-2(c)(2)
(i)), reduced by any amount withheld
by the transferee; plus
• Any interest computed on the
amount that should have been
withheld.
However, any amount of a
distribution that is required to be
withheld under another withholding
provision (such as under section 1441
or 1442) is not also required to be
withheld under section 1446(f)(4).
Withholding following a notification from the IRS. A partnership that
receives notification from the IRS
(discussed earlier) must withhold the
amount prescribed in the notification
on any distributions made to the
transferee on or after the date that is
15 days after it receives the
notification.
Computation of interest. The
amount of interest required to be
withheld is the amount of interest that
would be required to be paid under
section 6601 and Regulations section
301.6601-1 if the amount that should
have been withheld by the transferee
was considered an underpayment of
tax. Interest is payable between the
date that is 20 days after the date of
the transfer and the date on which the
transferee’s withholding tax liability
due under section 1446(f)(1) is
satisfied.
Buyer/Transferee Claiming
Refund of Section 1446(f)(4)
Withholding
A transferee may claim a refund for an
excess amount if it has been
overwithheld upon under section
1446(f)(4). An excess amount is the
amount of tax and interest withheld
that exceeds the transferee's
withholding tax liability plus any
interest owed by the transferee with
respect to such liability. The
-12-
transferee may also be liable for any
applicable penalties or additions to
tax. A transferee must complete Part
V of Form 8288 and attach Form(s)
8288-C it received from the
partnership when making a claim for
refund of section 1446(f)(4)
withholding.
Specific Instructions
for Form 8288
Corrected return. Check the box at
the top of the page to indicate the
Form 8288 you are filing is a corrected
return.
Withholding Agent
Information
Line 1. Name, address, and TIN of
the withholding agent. For purposes
of Form 8288, the withholding agent
is:
• The buyer/transferee of a USRPI
liable for section 1445(a) withholding,
• The entity or fiduciary liable for
section 1445(e) withholding,
• The buyer/transferee of a
partnership interest liable for section
1446(f)(1) withholding,
• The partnership liable for section
1446(f)(4) withholding, or
• The buyer/transferee of a
partnership interest making a claim of
refund of 1446(f)(4) withholding.
Do not enter the name, address, or
TIN of a title company, mortgage
company, etc., unless it happens to
be the actual person or entity
responsible for withholding.
IRS will contact the person or
entity listed on line 1 to
CAUTION resolve any problems that
may arise concerning
underwithholding and/or penalties.
!
Name and address. If you are a
fiduciary for either section 1445(a) or
1446(f)(1) withholding, list your name
and the name of the trust or estate.
Enter the home address of an
individual or the office address of an
entity.
Taxpayer Identification Number
(TIN). For a U.S. individual, the TIN is
a social security number (SSN). For
any person other than an individual
(for example, corporation, QIE, estate,
or trust), the TIN is an employer
identification number (EIN). If you do
not have an EIN, you can apply for
Instructions for Form 8288 (Rev. 01-2023)
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one. For more information on how to
apply for an EIN, go to IRS.gov/
businesses/small-businesses-selfemployed/how-to-apply-for-an-ein.
For a nonresident alien individual
who is not eligible for an SSN, the TIN
is an IRS individual taxpayer
identification number (ITIN). For more
information on the requirements and
how to apply for an ITIN, go to
IRS.gov/individuals/how-do-i-applyfor-an-itin.
Even if the individual does not
already have an ITIN, he or she
should complete Forms 8288 and
8288-A and mail the forms along with
any payment to the address shown
under Where To File, earlier.
Line 2. Enter the location and a
description of the property, including
any substantial improvements (for
example, “12-unit apartment
building”). For an interest in a
corporation that constitutes a USRPI,
enter the class or type and amount of
the interest (for example, “10,000
shares Class A Preferred Stock XYZ
Corporation”). For an interest in a
partnership, enter the class or type
and amount of the partnership interest
(for example, “40% of the capital
interest in the ABC Partnership”).
Line 3. Enter the date of the transfer
that is subject to withholding. If you
are completing Part II and are a QIE, a
domestic trust or estate, or you make
a large trust election, enter the date of
distribution. If you are completing Part
III and are a partnership that made a
distribution subject to withholding
under section 1446(f)(1), enter the
date of the distribution.
Line 4. If you are completing Part II
and the IRS issued a withholding
certificate for this transfer under
Regulations section 1.1445-3 or
1.1445-6 and Rev. Proc. 2000-35,
provide the date that the withholding
certificate was issued. If a partnership
is completing Part IV because it is
withholding under section 1446(f)(4),
enter the date of the applicable
distribution.
Line 5. Enter the number of Forms
8288-A or 8288-C attached, as
applicable. Copies A and B of each
Form 8288-A should be counted as
one form.
!
Complete only one part of
Parts I through V.
Part I—To Be Completed
by the Buyer or Other
Transferee Required To
Withhold Under Section
1445(a)
Line 6. Enter the amount subject to
withholding, generally the amount
realized on the transfer.
Line 7. Withholding tax liability.
Enter an amount on only one of lines
7a, 7b, or 7c.
Line 7a. Enter the amount subject
to withholding multiplied by 10%
(0.10). Amounts entered on line 7a
include the following:
• Withholding under section 1445(a)
for the purchase of a residence with
an amount realized of more than
$300,000, but less than or equal to $1
million. Generally, no withholding is
required for the purchase of a
residence if the amount realized is
$300,000 or less. For more
information, see Exceptions to
Section 1445 Withholding, earlier.
• Any dispositions of property prior to
February 17, 2016, subject to a 10%
rate of withholding under section
1445(a).
Line 7b. Enter the amount subject
to withholding multiplied by 15%
(0.15). Generally, this is the rate of
withholding for transactions required
to be reported under section 1445(a)
in Part I. Include withholding for the
purchase of a residence with an
amount realized of more than $1
million.
Line 7c. If withholding is at a
reduced rate, enter the adjusted
withholding amount, and check the
box. Attach a copy of the withholding
certificate. See Exceptions to Section
1445 Withholding, earlier.
Line 8. Enter the amount you actually
withheld.
Example 1. B, a corporation,
purchases a USRPI from F, a foreign
person. On settlement day, the
settlement agent pays off existing
loans, withholds 15% of the amount
realized by F on the sale, and
disburses the remaining amount to F.
B, not the settlement agent, is the
withholding agent and must complete
Form 8288 and Form 8288-A.
CAUTION
Instructions for Form 8288 (Rev. 01-2023)
-13-
Part II—To Be Completed
by an Entity Subject to the
Provisions of Section
1445(e)
Line 9. If withholding is from a large
trust election to withhold upon
distribution, check the box. See Large
trust election under Section 1445(e)
(1) Transactions, earlier.
Line 10. Enter the amount subject to
withholding.
Line 11. Withholding tax liability.
Enter an amount on only one of lines
11a, 11b, 11c, or 11d.
Line 11a. Enter the amount
subject to withholding multiplied by
10% (0.10). This rate is used for any
dispositions of property prior to
February 17, 2016, subject to a 10%
rate of withholding under section
1445(e).
Line 11b. Enter the amount
subject to withholding multiplied by
15% (0.15). Generally, this is the rate
of withholding for transactions
required to be reported under section
1445(e) in Part II. However, see the
discussion of various section 1445(e)
transactions under Entities Subject to
Section 1445(e), earlier.
Line 11c. Enter the amount
subject to withholding multiplied by
21% (0.21) (35% (0.35) for
distributions made before January 1,
2018). See the discussion of various
section 1445(e) transactions under
Entities Subject to Section 1445(e),
earlier.
Line 11d. If withholding is at a
reduced rate, enter the adjusted
withholding amount, and check the
box. Attach a copy of the withholding
certificate. See the discussion of
various section 1445(e) transactions
under Entities Subject to Section
1445(e), earlier.
Line 12. Enter the amount you
actually withheld.
Example 2. C, a domestic
corporation, distributes property to F,
a foreign shareholder whose interest
in C is a USRPI. The distribution is in
redemption of C’s stock (section
1445(e)(3) transaction). C must
withhold 15% of the fair market value
of the property distributed to F. C
must complete Form 8288 and Form
8288-A.
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Part III—To Be Completed
by Buyer/Transferee
Required To Withhold
Under Section 1446(f)(1)
made to the transferee. This amount
should equal the total number of
Forms 8288-C that you filed, including
this one, for the transferee with
respect to the transfer.
Each separate transfer
subject to the withholding
CAUTION requirements of section
1446(f)(1) requires the filing of a
separate Form 8288.
Line 16b. Enter the total amount
of distributions, including this one,
made to the transferee. This amount
should equal the total of the amounts
in box 5 of the Form(s) 8288-C you
have filed, including this one, for the
transferee with respect to the transfer.
!
Line 13. Amount subject to
withholding, generally, the amount
realized by the transferor. However,
see the discussion earlier regarding
modified amount realized.
Line 14. Withholding tax liability.
Enter an amount on line 14a or 14b
but not both.
Line 14a. Enter the amount
subject to withholding multiplied by
10% (0.10). Generally, this is the rate
of withholding for transactions
required to be reported under section
1446(f)(1) in Part III.
Line 14b. If withholding is at an
adjusted amount, enter the adjusted
withholding amount, and check the
box. For circumstances when
withholding is at an adjusted amount,
see discussion earlier under
Determining the Amount To Withhold.
Line 15. Enter the amount you
actually withheld.
Part IV—To Be Completed
by the Partnership
Required To Withhold
Under Section 1446(f)(4)
File a separate Form 8288
for each distribution made
CAUTION to a transferee partner that
is subject to the withholding
requirements of section 1446(f)(4).
Only attach the Form 8288-C
applicable to the current
distribution.
!
Line 16. Line 16 is used to report
aggregate information for the current
and prior distributions that you have
made to a transferee that failed to
properly withhold with respect to a
transfer under section 1446(f)(1).
These distributions are subject to
withholding under section 1446(f)(4)
and Regulations section 1.1446(f)-3.
Line 16a. Enter the total number
of distributions, including this one,
Line 16c. If any portion of a
distribution, including this one, was
subject to withholding under another
provision of the Internal Revenue
Code (such as section 1441 or 1442),
enter the total amount of other
withholding on these distributions.
This amount should equal the total of
the amount(s) in box 6 of the Form(s)
8288-C you have filed, including this
one, for the transferee with respect to
the transfer.
Line 17. If known, enter total amount
of the transferee’s liability under
1446(f)(1), without regard to any
withholding you performed under
section 1446(f)(4). Generally, this
amount will be 10% of the amount
realized on the transfer.
Line 18. Enter the total amount of
section 1446(f)(4) tax that you have
withheld on the transferee with
respect to this transfer. This should
equal the total of the amounts in box 5
of the Form(s) 8288-C you have filed,
including this one, for the transferee
with respect to the transfer.
Example 3. On a transfer of an
interest in Partnership, Transferee
had a section 1446(f)(1) withholding
obligation of $110, but failed to
withhold any tax on the transfer or to
provide a certification of withholding to
Partnership. Partnership has actual
knowledge of the transfer at the time
that it occurred. For its first distribution
following the date on which it is
required to withhold under section
1446(f)(4), Partnership distributes
$100 of income described in section
871(a) to Transferee. Partnership is
required to withhold $30 under section
1441 on the $100 distribution.
Partnership must withhold the
remaining $70 ($100 - $30) from the
distribution under section 1446(f)(4).
Transferee receives net $0 on the
distribution. Partnership must file a
Form 8288 and complete Part IV by
-14-
entering “1” on line 16a; entering
“$100” on line 16b; entering “$30” on
line 16c; leaving line 17 blank since it
has not received a certification of
withholding from Transferee; and
entering “$70” on line 18. Partnership
must also attach Copy A of Form
8288-C to its Form 8288 and send
Copy B of Form 8288-C to the
transferee. Partnership should retain
Copy C of Form 8288-C for its
records.
Partnership must continue to
withhold under section 1446(f)(4) on
future distributions made to
Transferee until it can rely on a
certification of withholding from
Transferee and it has withheld the
required amount plus interest. For
each distribution, it must file a Form
8288 and complete Part IV with the
aggregate information for all of the
distributions. It must also complete
Form 8288-C with the information
related to the specific distribution.
Part V—To Be Completed
by Buyer/Transferee
Claiming a Refund of
Withholding Under Section
1446(f)(4)
If you have not yet
completed and filed Part III
CAUTION of Form 8288 with respect
to a transfer and you are now
claiming a refund for amounts
withheld from you under section
1446(f)(4), you must complete Part
III when you file Part V of Form
8288. Otherwise, the IRS will not
act on your refund. Because you
have not withheld any amounts
under section 1446(f)(1), do not
attach a Form 8288-A.
!
Line 19. Enter the amount that was
subject to withholding under section
1446(f)(1) on the transfer, generally
the amount realized by the transferor.
Line 20. Enter the total of the
amount(s) that the partnership has
withheld under section 1446(f)(4)
(attach a copy of Copy B of Form(s)
8288-C).
Line 21. Withholding tax liability.
Enter the amount you were required to
withhold under section 1446(f)(1) on
either line 21a or 21b (but not both).
Do not reduce this line by:
Instructions for Form 8288 (Rev. 01-2023)
Page 15 of 15
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The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
• Amounts you withheld on the
transfer as reflected on Form(s)
8288-A,
• An amount of tax you paid pursuant
to an IRS Notice, or
• Tax that the transferor has paid for
which you have obtained proof, such
as on Form 4669.
Instead, attach copies of these
documents to Form 8288 along with
any other information relevant to
determining your outstanding
withholding tax liability.
Line 21a. Enter the amount
subject to withholding multiplied by
10% (0.10). Generally, this is the rate
of withholding for transactions
required to be reported under section
1446(f)(1) in Part III.
Line 21b. If withholding is at a
reduced rate, enter the adjusted
withholding amount, and check the
box. See the instructions for line 14b,
earlier, for circumstances when
withholding is at an adjusted amount.
Line 22. Enter the excess of line 20
over line 21a or 21b. Note that you are
also liable for interest on any
withholding tax liability reported on
line 21. The IRS will compute that
amount and reduce your claimed
excess amount accordingly. You may
also be liable for any penalties or
additions to tax.
Paid Preparer
Generally, anyone you pay to prepare
Form 8288 must sign it and include
their Preparer Tax Identification
Number (PTIN) in the space provided.
Privacy Act and Paperwork Reduction Act Notice. We ask for the
information on this form to carry out
the Internal Revenue laws of the
United States. Section 1445 generally
imposes a withholding obligation on
the withholding agent (the buyer or
other transferee) when a USRPI is
acquired from a foreign person.
Instructions for Form 8288 (Rev. 01-2023)
Section 1445 also imposes a
withholding obligation on certain
foreign and domestic corporations,
QIEs, and the fiduciaries of certain
trusts and estates. Section 1446(f)(1)
generally imposes a withholding
obligation on the withholding agent
(the buyer or other transferee,
including a partnership that makes a
distribution resulting in gain under
section 731) when an interest in a
partnership is acquired from a foreign
person (transferor) that results in gain
any portion of which would be treated
under section 864(c)(8) as effectively
connected with the conduct of a trade
or business within the United States.
Section 1446(f)(4) generally imposes
a withholding obligation on a
partnership if a transferee fails to
withhold any amount required to be
withheld under section 1446(f)(1).This
form is used to report and transmit the
amount withheld.
You are required to provide this
information. Section 6109 requires
you to provide your taxpayer
identification number. We need this
information to ensure that you are
complying with the Internal Revenue
laws and to allow us to figure and
collect the right amount of tax. Failure
to provide this information in a timely
manner, or providing false
information, may subject you to
penalties. Routine uses of this
information include giving it to the
Department of Justice for civil and
criminal litigation, and to cities, states,
the District of Columbia, and U.S.
commonwealths and possessions for
administration of their tax laws. We
may also disclose this information to
other countries under a tax treaty, to
federal and state agencies to enforce
federal nontax criminal laws, or to
federal law enforcement and
intelligence agencies to combat
terrorism.
You are not required to provide the
information requested on a form that
-15-
is subject to the Paperwork Reduction
Act unless the form displays a valid
OMB control number. Books or
records relating to a form or its
instructions must be retained as long
as their contents may become
material in the administration of any
Internal Revenue law. Generally, tax
returns and return information are
confidential, as required by section
6103.
The time needed to complete and
file these forms will vary depending on
individual circumstances. The
estimated burden for business
taxpayers filing this form is approved
under OMB control number
1545-0123. The estimated burden for
all other taxpayers who file these
forms is shown next.
Form
8288
Form
8288-A
Record
keepin
g . . . .
5 hr., 30
min.
2 hr., 52
min.
Learning
about the
law or the
form . .
5 hr., 13
min.
30 min.
Preparing
and
sending
the form
to the
IRS . .
6 hr., 44
min.
34 min.
Form
8288-C
If you have comments concerning
the accuracy of these time estimates
or suggestions for making these forms
simpler, we would be happy to hear
from you. You can send us comments
from IRS.gov/FormComments. Or you
can write to the Internal Revenue
Service, Tax Forms and Publications,
1111 Constitution Ave. NW, IR-6526,
Washington, DC 20224. Do not send
the form to this address. Instead, see
Where To File, earlier.
| File Type | application/pdf |
| File Title | Instructions for Form 8288 (Rev. January 2023) |
| Subject | Instructions for Form 8288, U.S. Withholding Tax Return for Certain Dispositions by Foreign Persons |
| Author | W:CAR:MP:FP |
| File Modified | 2022-10-27 |
| File Created | 2022-09-29 |