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Suffolk New York Form 8288-B: What You Should Know

For purposes of this section 5, a foreign person is any person that is not a United States resident for any taxable year, and any United States resident is any trust or partnership that is a foreign person regardless of whether the trust or partnership is domestic or not and regardless of whether one or more individuals or other corporations in the United States are its beneficiaries. In addition, a foreign person is a person engaged in commerce or in the production of income that would be taxable if it were engaged in business (or, except as provided in section 1331, any corporation so engaged in business). The proposed collection is based on Form 5472, Application for In General For Withholding of Income From Real Property Interests. Please review this form and the attachment for guidance and to obtain additional information related to the withholding forms you need to submit. If you are required to fill out Form 8288-B (see form 8288-B, application for Withholding — IRS, below), but it is not attached in the attachment, then you must still attach it to Form 5472 and write the tax withheld on Form 5472 in box 11 of Part I if a Form 8288-B is not attached, and in Part II if a Form 8288-B is attached. If the Trust is a taxable entity and Form 8288-B is not attached, you may complete Form 8288-A (application for Withholding Certificate — Trust Estate or Special Trust) and attach it to Form 5472 to meet this requirement. If you are required to fill out Form 8288-B (see form 8288-B, application for Withholding Certificate), but it is not attached in the attachment, then you must still attach it to Form 8288-A (application for Withholding Certificate — Trust Estate or Special Trust) and write the tax withheld on Form 8288-A in box 11 of Part I if a Form 8288-B is not attached, and in box 12 or 12A of Part II if a Form 8288-B is attached. You can also write the tax withheld on a Form 1040 (or a Form 1040A) for the Trust, if reporting on the Trust income for this year.

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