Clear Form

  STATE OF HAWAII — DEPARTMENT OF TAXATION
FORM
  HAWAII WITHHOLDING TAX RETURN FOR
 N-288 DISPOSITIONS BY NONRESIDENT PERSONS 
2024
  (REV. 2023) OF HAWAII REAL PROPERTY INTERESTS N288_I 2023A 01 VID01
  (NOTE:  References to “married” and “spouse” are also references to 
  “in a civil union” and “civil union partner,” respectively.)

Copy A of Form(s) N-288A and your check or money order MUST be attached.
•  To Be Completed by the Transferee/Buyer Required to Withhold
Complete Lines 1 - 6.
1  Name of Transferee/Buyer Transferee/Buyer’s SSN or FEIN

Address (Number and Street)

City, State, and Postal/ZIP Code (Province, Postal Code, and Country)

2  Description and Location of Property Acquired (Include Tax Map Key Number)

3  Date of Transfer 4  Number of Forms N-288A Attached 5  Total Amount Realized on the Transfer 6  Total Amount Withheld
  ATTACH YOUR CHECK OR MONEY ORDER HERE     
•  I hereby declare under penalties provided by section 231-36, HRS, that I have examined this return and accompanying attachments, and, to the best of my knowledge and belief, 
they are true, correct, and complete.  Declaration of preparer (other than individual, partner or member, fiduciary, or corporate officer) is based on all information of which preparer 
Please has any knowledge.
Sign 
h   _______________________________________________    _______________________________    ___________________
Here  Signature of Transferee/Buyer (Individual, Partner or Member,  Title (if applicable) Date
 Fiduciary, or Corporate Officer)
 Preparer’s signature  Date Check  ifPreparer’s Identification Number
Paid Print preparer’s name  h   lf-employed h 
Preparer’s Firm’s name (or   Federal E.I. No. h
Use Only address,yours if self-employed), and Postal/ZIPh Code   Phone No.  h

sellers based on  their capital contribution to day after the date of transfer. Timely mailing of 
General Instructions the property.  For  this  purpose, a  taxpayer and Forms  N-288 and N-288A  by U.S.  mail will be 
Purpose of Form spouse are treated as having contributed 50% treated as timely filing.
A 7.25% withholding  obligation  is generally each. Second, withhold on the total amount Hawaii  has adopted the Internal Revenue 
imposed  on the transferee/buyer  when a allocated  to nonresident  transferors/sellers. Code (IRC) provision to allow documents and 
Hawaii real property interest is acquired from a Third,  credit the  amount withheld among the payments delivered  by a designated private 
nonresident  person.  This withholding serves to nonresident transferors/sellers as they mutually delivery service to  qualify for  the “timely 
collect Hawaii income tax that may be owed by agree. The transferors/sellers must request that mailing treated as timely filing/paying rule.” The 
the nonresident person. Use this form to report the withholding  be credited as agreed upon Department will conform to the Internal Revenue 
and transmit the amount withheld. by the 10th day after the date of transfer. If no Service (IRS) listing of designated private delivery 
Note: You are not required to withhold if any agreement is  reached, credit the  withholding service and type of delivery services qualifying 
of the exceptions listed on page 2 apply. by evenly dividing it among the nonresident under this provision. Timely filing of mail which 
transferors/sellers.
See Tax Facts 2010-1, Understanding HARPTA, does not bear the U.S. Post Office cancellation 
and Tax Information Release No. 2017-01, With- Who Must File mark or the date recorded or marked by the 
designated  delivery service will  be determined 
holding of State Income Taxes on the Disposition A transferee/buyer of a Hawaii real property 
by reference to other competent evidence. The 
of Hawaii Real Property, for more information. interest, including  an individual,  corporation, 
private delivery service can tell you how to get 
Amount to Withhold partnership, or fiduciary, must file Form N-288 to 
written proof of the mailing date.
report and transmit the amount withheld. If two or 
Generally,  you must  withhold 7.25% of  the more persons are joint transferees/buyers, each Where to File
amount realized on the disposition by the trans- of them is obligated  to withhold. However,  the Mail Form N-288, Copy A of Form(s) N-288A, 
feror. See Amount realized under Definitions, obligation of each will be met if one of the joint and your check or money order to:
later. transferees/buyers withholds  and transmits the  Hawaii Department of Taxation
Joint  Transferors/Sellers.—If  one or  more required amount to the State of Hawaii, Depart-  P.O. Box 1530
nonresident persons and one or  more resident ment of Taxation (Department).  Honolulu, Hawaii 96806-1530
persons  jointly  transfer a Hawaii  real  property 
interest,  first,  determine  the  amount  subject  to When to File
withholding  by allocating  the amount realized A transferee/buyer must report and transmit 
from the transfer among  the transferors/ to the Department the tax withheld by the 20th 
  FORM N-288 (REV. 2023)
ID NO 01

FORM N-288
(REV. 2023)                                                                                                                                                PAGE 2
Form(s) N-288A and Your Check or                         the definition of “resident trust” in section 235-1,       3)  For the year preceding the date of the transfer 
Money Order Must Be Attached                             HRS;  or  (9)  Estate  included  in  the  definition  of   the property has been used by the transferor/
                                                         “resident estate” in section 235-1, HRS.                   seller as a principal residence, and that the 
Anyone who completes Form  N-288 must                                                                               amount realized for the property does not ex-
also complete a Form N-288A, Statement of                Transferee/Buyer  means any person, the 
Withholding on Dispositions by Nonresident Per-          State and the counties and their respective sub-           ceed $300,000.
sons of Hawaii Real Property Interests, for each         divisions, agencies, authorities, and boards, ac-          If you receive a certification, you cannot with-
nonresident transferor/seller subject to withhold-       quiring real property which is located in Hawaii.          hold any tax, unless you know that the certifica-
ing.                                                     Transferor/Seller means any person dispos-                 tion is false. The certification must be signed by 
If  two or more nonresident  transferors/sell-           ing real property which is located in Hawaii.              the individual, a responsible officer of a corpora-
ers jointly transfer a Hawaii real property inter-       Amount realized means the sum of the cash                  tion, a member or general partner of a partner-
est, prepare a separate Form N-288A for each             paid, or to be paid (not including interest or origi-      ship, or the trustee, executor, or equivalent fidu-
nonresident transferor/seller. A separate Form N-        nal issue discount), the fair market value of other        ciary of a trust or estate.
288A should also be prepared for both taxpayer           property transferred or to be transferred, and the         Belated  notice  or  false  certification.—If 
and spouse whether or not they will be filing a          amount of  any liability assumed by the trans-             after the date of transfer you receive notice that 
joint return for the year in which they transferred      feree/buyer or to which the Hawaii real property           the  certification  you  received  is  false,  you  can 
their Hawaii real property interest. Copy A and          interest is subject to immediately before and after        rely on the certification and not withhold on con-
your check or money order must be attached to            the transfer. Generally, the amount realized, for          sideration paid before you received the notice. 
Form N-288. Copy B must be sent to the trans-            purposes of this withholding, is the sales or con-         However, you must withhold the full 7.25% of the 
feror/seller. Copy C is for your records. To receive     tract price.                                               amount realized from any consideration that re-
credit for the amount withheld, the transferor/sell-     Date of  transfer  means  the  first  date  on             mains to be paid, if possible. You must do so by 
er must file a Hawaii income tax return.                 which  consideration  is paid  or a liability  is as-      withholding and paying over the entire amount of 
                                                         sumed by the transferee/buyer. Payment of con-             each successive payment of consideration until 
Penalties                                                sideration does not include the payment, before            the full 7.25% has been withheld and paid to the 
In addition  to the penalties  provided  under           the passage of legal or equitable title (other than        Department.  These amounts must  be reported 
sections 231-34, 231-35, 231-36, and 231-39,             pursuant to an initial purchase contract), of ear-         and transmitted to the Department by the 20th 
Hawaii Revised Statutes (HRS), if a person is re-        nest money, a good-faith deposit, or any similar           day following the date of each payment.
quired but fails to withhold tax under section 235-      sum primarily intended to bind the parties to the          Withholding Certificate Issued by 
68, HRS, that person is made liable for the tax.         contract and subject to forfeiture. However, a             the Department of Taxation
Definitions                                              payment that is not forfeitable may nevertheless 
                                                                                                                    A withholding certificate may be issued by the 
Nonresident person means every person                    be found to constitute earnest  money, a good-
                                                                                                                    Department to reduce or eliminate withholding on 
other than a resident person.                            faith deposit, or a similar sum.
                                                                                                                    dispositions of Hawaii real property interests by 
Property    or real property  means all  land            An individual’s Identification number is the               nonresident persons. The certificate may be is-
and appurtenances thereof and the buildings,             social security number. The IRS issues Individual          sued if 1) the transferor/seller will not realize any 
structures, fences, and improvements  erected            Taxpayer  Identification  Numbers  (ITINs)  to  cer-       gain with respect to the transfer, or 2) there will 
on or affixed to the land, and any fixture which         tain aliens who are required to have a U.S. tax-           be  insufficient  proceeds  to  pay  the  withholding 
is  erected  on  or  affixed  to  the  land,  buildings, payer identification number but who do not have,           required after payment of all costs.
structures, fences, and improvements,  includ-           and are not eligible  to obtain, a social  security 
                                                                                                                    Attach a copy of the approved Form N-288B, 
ing all machinery and other mechanical or other          number.  The ITIN issued  by the IRS must be 
                                                                                                                    Application for Withholding Certificate for Dispo-
allied  equipment and the foundations thereof,           used as the individual’s identification number. If 
                                                                                                                    sitions by Nonresident  Persons of Hawaii  Real 
whose use is necessary to the utility of the land,       the individual has applied for an ITIN but the IRS 
                                                                                                                    Property Interests.
buildings, structures, fences, and improvements,         has not yet issued the ITIN, write “Applied For.” 
or whose removal therefrom cannot be accom-              For any other person, the identification number            Specific Instructions
plished without substantial damage to the land,          is  the  federal  employer  identification  number         Lines 1.—Enter  the  name  and  identification 
buildings, structures, fences, and improvements,         (FEIN).  For a single member LLC that has not              number (social security number (SSN) or federal 
excluding, however, any growing crops.                   elected to be taxed as a corporation, where the            employer  identification  number  (FEIN))  of  the 
                                                         only  member  is  an  individual,  the  identification     transferee/buyer. Enter the home address of the 
Resident person means any: (1) Individual                number  would  be the social  security number              individual or the office address of the entity.
included in the definition of “resident” in section      of the individual. For a revocable living trust, or 
235-1, HRS; (2) Corporation  incorporated  or            any other trust in which an individual is treated          Lines 2.—Enter a description  of the property 
granted  a  certificate  of  authority  under  chapter   as the owner of the trust, the identification num-         including its location and the nature of any sub-
414, 414D,  or  415A, HRS;  (3)  Partnership             ber would be the social security number of the             stantial  improvements,  such as an apartment 
formed or registered  under chapter 425 or               individual.  For  all  other  trusts,  the  identification building or warehouse. Include the tax map key 
425E*,  HRS;  (4)  Foreign  partnership  qualified       number would be the FEIN of the trust.                     number.
to transact business pursuant to chapter 425 or                                                                     Line 5.—Enter the amount realized. If the trans-
425E*, HRS; (5) Limited liability company formed         Exceptions                                                 feror/seller  is reporting  the gain  under the in-
under chapter 428, HRS, or any foreign limited           You are not required to withhold if the trans-             stallment method, (i.e., agreement  of sales or 
liability  company  registered  under  chapter 428,      feror/seller furnishes to you Form N-289, Certi-           purchase money mortgages) enter the principal 
HRS; provided  that if a single  member limited          fication  for  Exemption  from  the  Withholding  of       portion of the total payments for the year.
liability company has not elected to be taxed as         Tax on the Disposition of Hawaii Real Property,            Line 6.—Enter the amount withheld. If the amount 
a corporation, the single member limited liability       stating that:                                              required  to be withheld  has been reduced or 
company shall be disregarded  for purposes of            1)  The transferor/seller is a resident person, or         waived by the Department, attach a copy of the 
section 235-68, HRS, and section 235-68, HRS,            2)  That by reason of a nonrecognition provision           approved Form N-288B. Also, if one or more of 
shall  be applied  as if the sole member is the          of the IRC as operative  under  chapter 235,               the transferors/sellers are exempt from the with-
transferor; (6) Limited liability partnership formed     HRS, or the provisions of any United States                holding  and you are issuing the exempt trans-
under  chapter  425, HRS; (7) Foreign  limited           treaty, the transferor/seller is not required to           feror/seller a Form N-288A, attach a copy of the 
liability partnership qualified to transact business     recognize any gain or loss with respect to the             exempt transferor/seller’s Form N-289.
under chapter 425, HRS;  (8) Trust included in           transfer, or