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About Form 8288-B
Form 8288-B is used to apply for a withholding certificate from IRS to reduce or eliminate the withholding required by Code section 1445. Internal Revenue Service T 12.1-1251 Form 8288-B is also issued for applications to use the real property loss deduction, which is a deduction for certain losses sustained by an owner's interest in a business property. The income attributable to the real property is determined by: 1. The sales price of such property computed as of the date of the foreclosure; or 2. The fair market value of real property as of the date of the foreclosure. Internal Revenue Service T 12.1-2103 Form 8288-B is also issued for certain business interests. Code section 1445 allows the withholding to be reduced or eliminated under certain circumstances. Form 8288-B is used to apply for a withholding certificate from IRS to reduce or eliminate the withholding required by Code section 1445. Internal Revenue Service T 10.1.1-2103 Form 8288-B is also issued to apply for a state net operating loss deduction. If the state has a net operating loss deduction, such deduction must also be made with the application for Form 8288-B, and the gross revenue attributable to the real property is the basis of the deduction. Internal Revenue Service T 10.1.1-2113 Form 8288-B is also issued to apply for a state or local business deduction. A deduction from the gross revenue of the home may be available if the owner is considered the business entity of the corporation that owns the business property. Inform the IRS by completing Form 8288-B and submitting it to the IRS to reduce or eliminate the withholding. The IRS accepts Form 8288-B for all states in which the property is located. If the property is located in a state that has a state income tax exemption, the Form 8288-B may also be used to meet the state income tax deduction. If you received a Form 8288-B, complete and submit an Electronic Filing (EFS) Authorization in order to get an electronic copy of Form 8288-B. Instructions on the EFS Authorization form will be mailed to you upon submission of Form 8288-B.
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FAQ - Form 8288-B
What is the purpose of Form 8288-B?
The most common purpose of Form 8288-B is to request tax information from a business. This form has two different possible purposes:
To verify that the individual is the owner or other person with actual authority to control the business.
To request the name of the business' registered agent for service of process if that person is not the owner or authorized person.
The business can respond to a Form 8288-B by stating that it is not the business owner or authorized person to whom the tax form is being sent. In its response, the business may specify whether the business is:
An individual owner of a qualified trade or business.
A person with sole ownership of a qualified trade or business that is organized on a sole proprietorship basis.
A partnership, trust, or corporation organized on a partnership, sole proprietorship basis with both of its members having sole ownership of the business.
A corporation with a limited liability trust that is organized on a partnership, sole proprietorship basis and one of its members has sole ownership of the business.
For both individuals and partnerships, Form 8288-B instructions should specify that the individual does not have the authority to control the business.
When Form 8288-B is requested by a business for any other purposes, such as taxes for federal income tax returns or an estimate of property taxes, it should also specify the purpose of the request. The business generally can answer with a statement indicating that, if the amount sought is correct, the request does not need to be made again.
How old is Form 8288-B?
Businesses must use Form 8288-B that they receive on or before January 1, 2011.
If a business's return is being estimated and the returns of the previous year (including Forms 1040 and 1040A) are being relied on for the estimates, a business that received a Form 8288-B on or before January 2, 2011, should include all the required information on its return for the year(s) for which the form is being used.
How can I find out whether my business has filed Form 8288-B with the IRS?
Form 8288-B is a paper tax return that is completed, signed, and returned by the business to the IRS. If Form 8288-B is submitted and not filed by the business, the IRS is notified of the mistake and the error may be corrected.
Who should complete Form 8288-B?
If you want to obtain a form from the IRS about estate and gift taxes that are paid by an estate only, and you are married, it is advisable that the surviving spouse complete Form 8288.
When to Complete
To complete Form 8288-B, the surviving spouse and surviving spouse's estate or estate of a deceased spouse must each complete a separate statement under penalty of perjury.
After completing Form 8288-A, the surviving spouse may complete Form 8288-B for the estate only. As a result, the surviving spouse must file Form 1041, U.S. Individual Income Tax Return for Estates and Trusts, if he or she wishes to claim a credit on his or her federal estate tax return.
Who May Examines the Copy of Form 8288-B
As the executor or administrator in estate matters, you should review Form 8288-B and all attachments filed by the survivor of a deceased spouse, including Form 8737, Tax Payment Worksheet for Surviving Spouses and Dependents of the Deceased. This is a handy tool to see where to apply the credit or withhold from the survivor's federal estate tax return. This worksheet also shows the amount the surviving spouse will be required to pay as tax.
However, you should not rely on Form 8737 in the absence of a written agreement from the survivor.
You should also review Form 8959-A to ensure that the executor or administrator has the power to enforce the terms of his or her estate plan, including the requirement that the surviving spouse pay any federal estate taxes due under the original estate plan.
Exiting the Estate to the Existing Plan
If the surviving spouse dies leaving no surviving spouse, there is an option for terminating his or her estate plan. This is known as an exit plan. The terms of the exit plan are spelled out in the Exit Plan Agreement and Termination of Rights (EP DRA) documents found in the Internal Revenue Bulletin.
A surviving spouse should contact a qualified trust attorney prior to terminating the estate, to ensure that the surviving spouse's plan is still intact and that the surviving spouse will receive an automatic distribution of the value of the remaining assets if any.
How to Obtain a Copy of Form 8288-B
If you choose to use the Form 8288-B to file Forms 1041 and other documents with the IRS (i.e.
When do I need to complete Form 8288-B?
An applicant may complete the form no later than 60 days after completing Part I of Form 8802 for the year in which the application was filed;
An applicant who applied for and received a grant of an incentive award or award under the Rural Business-Cooperative Service or Rural Business Service Program on or after August 18, 2018, must complete the form no later than 60 days after the date of receipt of the award; and
For any other grant of an incentive award or award under the Rural Business-Cooperative Service Program and other assistance programs administered by Rural Development, as determined by the Secretary of Commerce, the form must be completed no later than 60 days after the award of such assistance;
An applicant who submitted or received an award for developing, upgrading, repairing, protecting, operating, managing, or carrying out an energy conservation activities program under the National Energy Conservation Policy Act may complete the form no later than 60 days after the date of the application or award is made.
An applicant who applied for and received an award under the Rural Assistance Program may complete the form no later than 60 days after the date of receipt of the award; and
Do I have to submit these documents in person?
Unless a specific exception applies listed in the Instructions for Form 8348, submitting the form online is the primary means to complete and submit the form. You can submit the form online by visiting your local DID office or by completing the link in the section of this website titled “Online Services for Assistance Filing Forms for Specific Types of Federal Funding.” The online form has more information and is in a searchable format. The online form allows the DID to save your completed form and automatically load them into your e-file system, if you choose. You can also click the hyperlink or “submit” button for any of the forms listed in the Instructions for Form 8348 to submit it electronically.
Can I create my own Form 8288-B?
Yes. You can create a custom form from scratch or download one of our templates. The template can be added to your account after creating your account. The custom order has the same purchase price and shipping costs as the base form, but has special details. You will have the opportunity to update information after creation on each order.
What are some differences in the customizations? What makes the custom form unique?
Customizations are made to an order at an additional price. The total price of the base purchase and customize are shown together. The Custom Order also displays the additional price of the customization. For example, if you purchase the custom form shown on page 3, 1 more will be added to that form.
What if I have been affected by a Form 8288B?
If you have been affected by the release of the Form 8288B and have an existing order, you may place a new order using your existing payment method. Or if you need to transfer an existing order to this new form, you may complete the Transfer-to-Form 8288B form by visiting.
How do I order the Form 8288-B?
You don't have to be a customer to have access to your form. To order your new form, please log in to the order management section of our website (or click on any of the links below the form). Your new form will be displayed on this page when you are logged into our site.
What options are available for my custom form?
The available designs and options are shown on the order page of the form. The list of available options and the price includes both standard forms and all customization forms shown on the form. You will be able to update the details of the customization form after creation. When purchasing your customization form, you may also decide to add a fee. This fee will only be applicable to the customized portion of a larger payment.
What should I do with Form 8288-B when it’s complete?
Fill out Form 8288-B on the back side of Form 941, if you have them.
Is my tax-exempt?
Yes. You can use the Form 941 to make a special tax-free distribution out of taxable income to a traditional IRA or a traditional IRA with an equal beneficiary. If you have other tax-exempt IRA income, see Use Form 941 when you make an IRA distribution under IRS Publication 590.
What should I do with Form 8288-B when it’s complete?
Fill out Form 8288-B on the back side of Form 941, if you have them.
Is my tax-exempt?
Yes. You can use the Form 941 to make a special tax-free distribution out of taxable income to a traditional IRA or a traditional IRA with an equal beneficiary. If you have other tax-exempt IRA income, see Use Form 941 when you make an IRA distribution under IRS Publication 590.
What should I do with Form 8859
If I change my mind about my choice of tax-exempt plan, should I change it back now?
No. Changing your plan after all due information is entered on it could result in an over-payment penalty in an upcoming year. If you are changing your plan after you've filed your tax return, and you do not have an extension of time to pay or appeal the tax underpayment, you can get one by calling the IRS at (TTY). Do not wait until the deadline to file your tax return.
When you file your tax return, you can elect to change from one of the four options that were originally offered to you. Only you can make this election, either within the 60 days after tax-filing or later if a year has been extended by the due date.
If you did not qualify for any other of the options the first year that you took the plan.
If you did not qualify for one of the options that is the next year, but you later qualify to make or change one or more of the options.
If you changed plans for reasons unrelated to paying or appealing taxes due.
How do I get my Form 8288-B?
When registering for your tax return, the IRS asks to see your Form 8287-B. That is the form you filled out when you first filed your IRS Tax Return and you are eligible to receive a refund. Your Form 8287-B is also known as the “Permanent Change of Address” form. Form 8287-B is a tax assessment, and all income received during the year will appear on your tax return.
If you did not receive a Form 8287-B, you may file a Form 8448-B (formerly called a Form 8289-B) to request a refund. If you received a Form 8287-B and want to claim the tax on your return, you may either file a Form 8286-B or file a separate tax return for each year during which you receive a CTA.
Can I obtain a Form 8285-A?
No, you cannot. The law only allows for a refund if you filed a CTA. The form must be filed with the CTA.
Can you mail me a Form 8388-S, so I can complete my form?
We cannot mail you a Form 8388-S until you are approved to obtain a CTA, so you should wait until you have been approved by the IRS to mail the form.
What happens if I need help?
If you need additional information about a particular issue related to the CTA or are not sure what is required on your CTA please call the CTA Help Center toll-free at.
What if I want to modify or add a form, or make a return?
If you need to modify or add a form, you can mail the new form to us.
What documents do I need to attach to my Form 8288-B?
You must attach a copy of your most recent tax return to each Form 8288-B.
If you are filing separately as an individual or married filing separately, you may use Form 8288-A.
You may also attach a copy of any federal, state, or local tax credit, benefit, or deduction that you received.
How do I write, complete, and sign Form 8288-B?
If you receive Form 8288-B, complete it, sign it, and return it by the due date given thereon. If you can't find this date, then write “Not Found” at the top of the page, but don't exit the site. Click on your tax return information link on IRS.gov, and you will see a link to “My Account,” which will take you directly to your tax return on the IRS website. Complete your tax return. Sign and date it.
What do I do if I forgot to attach a copy of my income tax return when I filed my Form 8288-B?
Write a short note for each copy of your Form 8288-B that you want to send to the IRS on an envelope and include this note with the copy of your Form 8288-B that you want to send. Attach these notes to an envelope and send the copies to:
Mail Stop 1
Internal Revenue Service
P.O. Box 1282
Charlottesville, VA 22904
When sending copies through the mail, be sure they are postmarked no later than the due date, and that the sender's name and address are complete and correct.
What if I don't know the due date for my return?
You must file Form 8288-B by the due date shown on line 37 of the return, or if the due date is December 31, you must file it on a later date. If you don't file your return by the due date on line 37 of your return, you may be subject to a penalty. The earliest possible return date is January 31. Please consult Form 8090, the Taxpayer's Emergency Relief Order for Extension of Time to File, for more information.
Where can I obtain the form used on Form 8288-B?
The form used on your Form 8288-B may be obtained in person or electronically. Also, you may have a local office of the IRS send your form to you.
What are the different types of Form 8288-B?
There are three major forms of Form 8288-B used by businesses to report cash in an employee's salary.
The first, Form 8288-EZ — Earned Compensation
This form is used by most employers to report wages and taxable compensation for certain types of employees such as:
All independent contractors whose jobs include only the reporting of their own compensation
Franchisees who receive a share of the net sales of the franchisor, or who participate in the franchisor's marketing campaign
Franchisors who receive an equal share of all sales of their franchise, and
Members of the clergy who receive the equivalent of a living allowance
Who is eligible to use the Earned Compensation form?
Most employees must use the Form 8288-EZ to report the compensation they receive in compensation. In general, you must report salary and wages of employees who:
Work more than 12 hours a day or 48 hours a week or at any time during the month, regardless of the employer's business hours or hours of operation
Work in the same business
Are paid on a salary basis (generally, it means everyone receiving a salary must report a share of their salary).
A salary is the total amount of money an employee earns over the course of the calendar year — no matter how long they work or the industry in which they work. You are not required to deduct taxes from an employee's salary until the employee's gross income is at least 127,600.
If you are unsure whether an employee is paid a salary or the equivalent — or in which industry they are employed — call your state employment services office.
The second, Form 8288-B — Compensation
This form is the most common form of Form 8288-B used by employers. It's sometimes also referred to as a Form 1040 or 1040A and is used to report compensation earned from outside the United States. Employers who file an 8288-B must complete the form twice, for both of the following types of compensation:
Salary or wages up to 127,600, or
Self-employment earnings, with the self-employment earnings including tips, etc.
If you have employees with self-employment income, you cannot deduct taxes from that compensation unless it has a gross amount of more than 127,600.
How many people fill out Form 8288-B each year?
How much money do you receive when you fill out Form 8288-B?
How long is Form 8288-B valid for?
What is the application fee for Form 8288-B?.
Is there a due date for Form 8288-B?
A. For Form 8288-B, you need to file it within 60 days from the close of the calendar year in which you complete the Form 8288-B.
Can you have more than one Form 8288-B?
A. Yes. You may have more than one Form 8288-B for different purposes or events. For instance, if you are filing more than one return for purposes of the income tax and have the same spouse, you may file one Form 8288-B for each return.
Can you use your personal deductions to pay the tax you owe?
A. Yes, but you will need to write a separate Form 8288-B for each personal deduction.
What do you do if the form has errors?
A. You may file a corrected Form 8288-B, using the correct taxpayer identification number and the correct return that you filed.
Can you modify the form without incurring late penalty?
A. No. You can't cancel your late return or amend the return.
Can another taxpayer get their tax refund through Form 8288-B?
A. Yes. If you file Form 8288-B for a personal return to another taxpayer (for example, the same spouse), then your return will be sent to the other taxpayer based on the same provisions described in the tax law. You don't have to notify the other taxpayer of the filing to Form 8288-B. The other taxpayer must mail his or her return to the IRS. You can get more information about this mailing from your local IRS Taxpayer Assistance Center.
Can you use the filing of Form 8288-B to obtain more time to file a tax return?
A. Yes.
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