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Form 8288

  1. Country USA
  2. Language English
  3. Activity Taxes
  4. Department Internal Revenue Service
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Form 8288

U.S. Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property Interests

Rev. January 2023

[Form 8288 (Rev. 1-2023)] is an Internal Revenue Service (IRS) tax form used by foreign persons to report and pay withholding taxes on dispositions of U.S. real property or partnership interests. The form consists of sections for the seller, buyer/transferee, partnership, and those claiming a refund.

Instructions

  • Form 8288 Instructions - Instructions for Form 8288, U.S. Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property Interests
FAQ
  • What is Form 8288 used for?

    Form 8288, Withholding of Tax on Disposition by Foreign Persons of U.S. Real Property Interests and Certain Trust Owned Property, is used to report and withhold taxes when a foreign person disposes of a U.S. real property interest or certain trust-owned property. The form helps ensure that the Internal Revenue Service (IRS) receives the correct amount of tax withheld on such dispositions.

  • Who is required to file Form 8288?

    The buyer or transferee is required to file Form 8288 if they acquire a U.S. real property interest or certain trust-owned property from a foreign person, and the transaction results in gain that would be effectively connected with the conduct of a trade or business within the United States.

  • Which tax rates apply to disposition of U.S. real property interests by foreign persons under section 1445(b)?

    A 10% tax rate applies to dispositions of U.S. real property interests by certain foreign persons under section 1445(b).

  • When should Form 8288 be filed?

    Form 8288 must be filed and transmitted to the IRS within 30 days after acquiring the U.S. real property interest or trust-owned property, or disposing of such an interest in a partnership setting.

  • What type of gain is subject to withholding under section 1446(f)(1)?

    Gain that would be treated as effectively connected income under section 864(c)(8) when the transferor disposes of the property is subject to withholding.

  • What type of entities can file Form 8288?

    Both individuals and entities, such as partnerships and corporations, can file Form 8288 if they acquire a U.S. real property interest or certain trust-owned property from a foreign person.

  • Which tax rates apply to disposition of certain trust-owned property by foreign persons under section 1446(f)(2)?

    A 35% tax rate applies to dispositions of certain trust-owned property by foreign persons under section 1446(f)(2).

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ABOUT

Federal tax forms

Form 8288 is one of Federal tax forms that are documents used to report and file federal income taxes with the Internal Revenue Service (IRS) in the United States. These forms are used by individuals, businesses, and organizations to report their income, deductions, and other relevant information necessary for calculating their federal tax liability.

The most commonly used federal tax form is the Form 1040, which is used by individual taxpayers to report their personal income tax. Other commonly used forms include the Form 1065 for partnerships, Form 1120 for corporations, and Form 990 for tax-exempt organizations.

Federal tax forms typically require taxpayers to report various sources of income, such as wages, salaries, and tips, as well as income from investments, rental properties, and other sources. The forms also allow taxpayers to claim deductions and credits for various expenses, such as charitable contributions, mortgage interest, and healthcare expenses.

It is important to file federal tax forms accurately and on time, as failure to do so can result in penalties and interest charges from the IRS.

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