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