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Form 8288

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

Internal Revenue Service (IRS) Forms

Form 8288 is one of the official tax forms used in the United States to report income, claim deductions and credits, calculate tax liability, and fulfill other tax-related obligations. The IRS is the federal agency responsible for administering and enforcing the internal revenue laws in the United States.

Here are some examples of Internal Revenue Service forms:

Form 1040: This is the primary individual income tax return form used by most taxpayers. It is used to report various types of income, claim deductions and credits, calculate tax liability, and determine whether a taxpayer owes additional tax or is entitled to a refund.

Form 1099: There are different variations of Form 1099, such as 1099-MISC, 1099-INT, 1099-DIV, etc. These forms are used to report income received by individuals or businesses from various sources other than employment, such as self-employment income, interest income, dividend income, and rental income.

Form W-2: This form is used by employers to report wages paid to employees and the taxes withheld from their pay. Employees use the information on Form W-2 to complete their individual tax returns.

Form 941: Employers use this form to report employment taxes, including federal income tax withheld, Social Security tax, and Medicare tax, for their employees.

Form 1065: This form is used by partnerships to report their income, deductions, and tax liability. Partnerships themselves do not pay income tax; instead, the partners report their share of partnership income on their individual tax returns.

Form 1120: This is the corporate income tax return form used by C corporations to report their income, deductions, and tax liability.

Form 990: This form is used by tax-exempt organizations, such as nonprofits and charities, to report their financial information, activities, and compliance with tax laws.

Form 8862: This form is used by taxpayers who previously claimed the Earned Income Tax Credit (EITC) but had it disallowed, and now want to claim it again.

These are just a few examples of the numerous IRS forms that exist to fulfill various tax-related obligations. The specific forms required for an individual or business depend on their unique circumstances, income sources, and deductions. It's advisable to consult the official website of the Internal Revenue Service (www.irs.gov) or seek professional tax advice to obtain accurate and up-to-date information regarding the specific IRS forms relevant to your tax situation.

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