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Printable Form 8288-B San Jose California: What You Should Know

Form 8288B. (Rev. February 2017) — IRS. For information on Form 8288-B. See IRM 22.7.1.5, Form 8288-B, U.S. Withholding Tax Return for Asset Preservation, Inc., for information on how to fill out this form. Use Form 8288B for foreign persons disposing of U.S. real property interests. Instructions are included with Form 8288-B. The information on the form to be filed on this form is the same as the information on Form 8288-B. Filing Requirements — Asset Preservation, Inc. 8-A. (a) The taxpayer has a foreign source cash position of at least 5 million for the calendar year, or the foreign source gross income of the taxpayer has been a negative 5 million, whichever is the greater. The taxpayer also is a non-U.S. person for tax purposes. (b) The taxpayer is not eligible for the foreign tax credit. 8-B. (a) Foreign countries generally can expect additional withholding tax on U.S. property for property held in the country. (b) The foreign country will not have any adverse tax consequences or penalty as a result of the withholding. An application for Withholding Certificate is also received by the IRS. 8-C. Before any withholding may be collected under any of the following, a Certificate of Withholding must be completed by the taxpayer on the Form 8288-B: (a) A tax treaty with the United States or a tax treaty with another country if the gross income subject to withholding is 2 million or less for a foreign individual or 5 million or less for a foreign partnership, and (b) The withholding applies to the property of the taxpayer that is a real property interest. This form must then be filed using Form 4029, Information Return for Withholding Due (Form 8288), with the IRS within 120 days of the date of the return containing the required information. Note that this form is required when the U.S. person is not an eligible nonresident. There are exceptions to this requirement. See IRM 17.7.5.2, Credit for Expatriates.

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