Form 8288-B (Rev. 2-2016)
Page 3
Line 4c. If you are acting on behalf of an
estate or trust, or are signing as an
authorized person for an entity other than
an individual (for example, a corporation,
qualified investment entity, or partnership),
enter the name of the estate, trust, or entity.
Line 4d. Enter the EIN of the estate, trust,
or entity.
Line 5. Enter the address you want the IRS
to use for purposes of returning the
withholding certificate.
Line 6a. Enter the year as a four-digit
number (for example, “2013”).
Line 6c. “Associated personal property”
means property (for example, furniture) sold
with a building. See Regulations section
1.897-1.
Line 6d. Check “Other” if the property was
used for both personal and rental use and
attach an explanation.
Line 6f. Enter the address and description
of the property (for example, “10-story,
100-unit luxury apartment building”). For a
real estate holding corporation interest
transferred, enter the class or type and
amount of the interest (for example,
“10,000 shares Class A Preferred Stock
XYZ Corporation”). You may attach
additional sheets. Be sure to include your
name and TIN on each sheet you attach.
Line 6g. A U.S. income tax return includes
Forms 1040NR, and 1120-F.
Line 7a. If you checked 7a, attach:
1. A brief description of the transfer,
2. A summary of the law,
3. Facts supporting the claim of
exemption or nonrecognition,
4. Evidence that the transferor has no
unsatisfied withholding liability, and
5. The most recent assessed value for
state or local property tax purposes of the
interest to be transferred, or other estimate
of its fair market value. You need not submit
supporting evidence of the value of the
property.
A nonresident alien or foreign
corporation must also attach a statement
of the adjusted basis of the property
immediately before the distribution or
transfer.
Line 7b. If you checked 7b, attach a
calculation of the maximum tax that can be
imposed on the disposition. You must also
include a statement signed by the transferor
under penalties of perjury that the
calculation and all supporting evidence is
true and correct to the best knowledge of
the transferor.
The calculation of the maximum tax that
can be imposed must include:
1. Evidence of the amount to be realized
by the transferor, such as a copy of the
signed contract of transfer;
2. Evidence of the adjusted basis of the
property, such as closing statements, invoices
for improvements, and depreciation
schedules, or if no depreciation schedules are
submitted, a statement of the nature of the
use of the property and why depreciation was
not allowed;
3. Amounts to be recaptured for
depreciation, investment credit, or other
items subject to recapture;
4. The maximum capital gain and/or ordinary
income tax rates applicable to the transfer;
5. The tentative tax owed; and
6. Evidence showing the amount of any
increase or reduction of tax to which the
transferor is subject, including any
reduction to which the transferor is entitled
under a U.S. income tax treaty.
If you have a net operating loss, see Rev.
Proc. 2000-35, section 4.06, for special
rules about the maximum tax calculation.
If the purchase price includes personal
property not subject to tax under section
897, for the calculation of maximum tax, the
transferor must also include a statement
listing each such item of personal property
transferred and the fair market value
attributable to each item. The fair market
value claimed should be supported by an
independent appraisal or other similar
documentation.
Line 7c. If you checked 7c, see Installment
sales, earlier.
Line 8. You must provide a calculation of
the transferor’s unsatisfied withholding
liability or evidence that it does not exist.
This liability is the amount of any tax the
transferor was required to, but did not,
withhold and pay over under section 1445
when the U.S. real property interest now
being transferred was acquired, or upon a
prior acquisition. The transferor’s
unsatisfied withholding liability is included
in the calculation of maximum tax liability
so that it can be satisfied by the
withholding on the current transfer.
Evidence that there is no unsatisfied
withholding liability includes any of the
following:
1. Evidence that the transferor acquired
the subject or prior real property interest
before 1985;
2. A copy of Form 8288 filed and proof of
payment;
3. A copy of a withholding certificate
issued by the IRS plus a copy of Form
8288 and proof of payment of any amount
required by that certificate;
4. A copy of the nonforeign certificate
furnished by the person from whom the
U.S. real property interest was acquired
(the certificate must be executed at the
time of acquisition);
5. Evidence that the transferor purchased
the subject or prior real property interest for
$300,000 or less and a statement, signed
by the transferor under penalties of perjury,
that the transferor purchased the property
for use as a residence within the meaning of
Regulations section 1.1445-2(d)(1);
6. Evidence that the person from whom the
transferor acquired the subject or prior U.S. real
property interest fully paid any tax imposed on
that transaction under section 897;
7. A copy of a notice of nonrecognition
treatment provided to the transferor under
Regulations section 1.1445-2(d)(2) by the
person from whom the transferor acquired
the subject or prior U.S. real property
interest; or
8. A statement, signed by the transferor
under penalties of perjury, explaining why
the transferor was not required to withhold
under section 1445(a) with regard to the
transferor’s acquisition of the subject or
prior real property interest.
Line 9a. If the transaction is subject to
withholding under section 1445(e), check
the box to indicate which provision of
section 1445(e) applies.
Line 9b. Indicate whether the applicant is
the taxpayer or the person required to
withhold, and in what capacity that person
is required to withhold.
Signature. The application must be signed by
an individual, a responsible corporate officer, a
general partner of a partnership, or a trustee,
executor, or other fiduciary of a trust or estate.
The application may also be signed by an
authorized agent with a power of attorney.
Form 2848, Power of Attorney and Declaration
of Representative, can be used for this
purpose.
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
buyer or other transferee (withholding agent)
when a U.S. real property interest is
acquired from a foreign person. Section
1445 also imposes a withholding obligation
on certain foreign and domestic
corporations, qualified investment entities,
and the fiduciary of certain trusts and
estates. This form is used to apply for a
withholding certificate to reduce or eliminate
withholding on dispositions of U.S. real
property interests by foreign persons if
certain conditions apply.
You are required to provide this
information. Section 6109 requires you to
provide your 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 to U.S. commonwealths and
possessions for use in the 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.
