Enlarge image | Clear Form FORM THIS SPACE FOR DATE RECEIVED STAMP STATE OF HAWAII—DEPARTMENT OF TAXATION Calendar N-288A Statement of Withholding on (REV. 2023) Year Dispositions By Nonresident Persons of Hawaii Real Property Interests 2024 Copy A — Submit to the State of Hawaii - Department N288A_I 2023A 01 VID01 of Taxation. See Copy C for Instructions 1. Description and Location of Property 2. Transferor/Seller’s Share of 3. Date of Transfer OR Transferred (Include tax map key number) Amount Realized Installment Payment Date 4. Transferor/Seller is an: Individual or RLT Partnership 5. Transferor/Seller’s Hawaii Income Tax Withheld Corporation S corporation Trust or Estate 6. Transferor/Seller’s Business Name 6a. Transferor/Seller’s FEIN 7. Transferor/Seller’s First Name M.I. Last Name Suffix 7a. Transferor/Seller’s SSN 8. Transferor/Seller’s Street Address 9. City or Province State Postal/ZIP code Non U.S.A. Country 10. Transferee/Buyer’s Name 11. Transferee/Buyer’s FEIN 12. Transferee/Buyer’s Street Address 13. Transferee/Buyer’s SSN 14. City or Province State Postal/ZIP code Non U.S.A. Country THIS FORM IS TO BE USED FOR TRANSFERS OR PAYMENTS MADE IN 2024 ONLY. ATTACH THIS COPY OF FORM(S) N-288A AND YOUR CHECK OR MONEY ORDER TO FORM N-288 (Payable to “Hawaii State Tax Collector”) 288AC0S1 ID NO 01 FORM N-288A (REV. 2023) |
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Enlarge image | FORM THIS SPACE FOR DATE RECEIVED STAMP STATE OF HAWAII—DEPARTMENT OF TAXATION N-288A Statement of Withholding on Calendar Copy B (REV. 2023) Year Dispositions By Nonresident Persons Send to Transferor/Seller. This information of Hawaii Real Property Interests 2024 is being furnished to the State of Hawaii, Department of Taxation. See Instructions on back of this copy. 1. Description and Location of Property 2. Transferor/Seller’s Share of 3. Date of Transfer OR Transferred (Include tax map key number) Amount Realized Installment Payment Date 4. Transferor/Seller is an: Individual or RLT Partnership 5. Transferor/Seller’s Hawaii Income Tax Withheld Corporation S corporation Trust or Estate 6. Transferor/Seller’s Business Name 6a. Transferor/Seller’s FEIN 7. Transferor/Seller’s First Name M.I. Last Name Suffix 7a. Transferor/Seller’s SSN 8. Transferor/Seller’s Street Address 9. City or Province State Postal/ZIP code Non U.S.A. Country 10. Transferee/Buyer’s Name 11. Transferee/Buyer’s FEIN 12. Transferee/Buyer’s Street Address 13. Transferee/Buyer’s SSN 14. City or Province State Postal/ZIP code Non U.S.A. Country THIS FORM IS TO BE USED FOR TRANSFERS OR PAYMENTS MADE IN 2024 ONLY. FORM N-288A (REV. 2023) INSTRUCTIONS TO TRANSFEROR/SELLER Generally, a 7.25% withholding obligation must be withheld by the trans- to the date of transfer. Form N-288B will not be approved after the date of feree/buyer when a nonresident person disposes of their Hawaii real prop- transfer has passed. See Form N-288B for more information. erty. Even though tax may or may not have been withheld, you are required to file a Form N-15, N-20, N-30, N-35 or N-40 to report the sale or other REFUND disposition. The transferor/seller may file for a refund if the real property inter- est is in excess of the transferor/seller’s tax liability on Form N-288C. CERTIFICATE TO WAIVE OR ADJUST WITHHOLDING The nonresident transferor/seller is still required to file a Hawaii in- If there is insufficient funds to pay the withholding required, the transferor/ come tax return (Forms N-15, N-20, N-30, N-35, or N-40) after the end seller may file Form N-288B to apply for a withholding certificate to waive of the taxable year, report the entire Hawaii source income for the year or adjust the withholding. This form is used only for applications based including the transaction and pay any additional tax due on the in- on (1) a claim that the transferor/seller will not realize any gain with re- come or request a refund. See Form N-288C for more information. spect to the transfer, or (2) a claim that there will be insufficient pro- NOTE: Under section 235-111, HRS, any claim for a credit or refund of an ceeds to pay the withholding required under section 235-68(b), Hawaii overpayment of taxes must be filed within three years from the due date of Revised Statutes (HRS), after payment of all costs, including selling ex- the return, or within two years from the time the tax was paid, whichever is penses and the amount of any mortgage or lien secured by the property. later. NOTE: Form N-288B should be filed no later than 10 working days prior |
Enlarge image | INSTRUCTIONS FOR FORM N-288A References to “married” and “spouse” are also references to “in a civil union” and “civil union partner,” respectively. Prepare Form N-288A for each nonresident transferor/seller subject to amount required to be withheld has been reduced or waived by the Depart- withholding. If two or more nonresident transferors/sellers jointly transfer ment of Taxation, attach a copy of the approved Form N-288B. If one or a Hawaii real property interest, prepare a separate Form N-288A for each more of the transferors/sellers are exempt from the withholding and you are nonresident transferor/seller. issuing the exempt transferor/seller Form N-288A, attach a copy of the ex- empt transferor/seller’s Form N-289. If the transferor/seller is a partnership, A separate Form N-288A should also be prepared for both taxpayer and an S corporation, or a trust or estate, please attach a schedule showing spouse whether or not they will be filing a joint return for the year in which the name, identification number, and amount of the withholding allocated they transferred their Hawaii real property interest. Attach Copy A of Form(s) to each partner or member, S corporation shareholder, or beneficiary of N-288A and your check or money order to Form N-288. the trust or estate. For trusts and final-year estates, this schedule does not Joint Transferors/Sellers replace the election that needs to be made on Form N-40T. If one or more nonresident persons and one or more resident persons joint- Box 6 — Enter the transferor/seller’s business name. ly transfers Hawaii real property interest, first, determine the amount subject to withholding by allocating the amount realized from the transfer among Box 6a — Enter the transferor/seller’s federal employer identification num- the transferors/sellers based on their capital contribution to the property. ber (FEIN). If the transferor/seller is a single member LLC that has not elect- For this purpose, a taxpayer and spouse are treated as having contributed ed to be taxed as a corporation, and the only member is an individual, enter 50% each. Second, withhold on the total amount allocated to nonresident the social security number of the individual in box 7a. If the transferor/seller transferors/sellers. Third, credit the amount withheld among the nonresi- is a revocable living trust, or any other trust in which an individual is treated dent transferors/sellers as they mutually agree. The transferors/sellers must as the owner of the trust, enter the social security number of the individual request that the withholding be credited as agreed upon by the 10th day in box 7a. For all other trusts and estates, enter the federal employer iden- after the date of transfer. If no agreement is reached, credit the withholding tification number of the trust or estate in box 6a. by evenly dividing it among the nonresident transferors/sellers. Box 7 — Enter the transferor/seller’s name. Line by line instructions Box 1 — Enter a description of the property including its location and the Box 7a — Enter the transferor/seller’s social security number (SSN). nature of any substantial improvements, such as an apartment building or Box 8 — Enter the transferor/seller’s street address. warehouse. Include the tax map key. Box 9 — Enter the transferor/seller’s City or Province, State, Postal/ZIP Box 2 — Enter the amount realized by the transferor/seller whose name code and Non U.S.A. County (if applicable). appears on this form. If the transferor/seller is reporting the gain under the installment method, enter the principal portion of the total payments NOTE: If your mailing address has changed, you must notify the Depart- for the year. The transferor/seller must provide written notification to the ment of the change by completing Form ITPS-COA, Change of Address transferee/buyer prior to the transfer date if the transferor/seller will elect Form. Failure to do so may delay any important notices or correspondence out of the installment method and report the gain in full in the year of sale. to you. If a transferee/buyer does not receive written notification, the transferee/ Box 10 — Enter the transferee/buyer’s name. buyer shall assume that the transferor/seller will report the gain under the installment method. Box 11 — Enter the transferee/buyer’s FEIN. If the transferee/buyer is a single member LLC that has not elected to be taxed as a corporation, and Box 3 — Enter the date of transfer. For payments on an installment sale, the only member is an individual, enter the social security number of the enter the payment date of the installment and check the “Installment Pay- individual in box 13. If the transferor/seller is a revocable living trust, or any ment Date” box. other trust in which an individual is treated as the owner of the trust, enter Box 4 — Check the applicable box to indicate whether the transferor/seller the social security number of the individual in box 13. For all other trusts is an individual or revocable living trust, a partnership, a corporation, an S and estates, enter the federal employer identification number of the trust or corporation, or trust (including an irrevocable trust) or estate. If the trans- estate in box 11. feror/seller is an LLC that files a partnership return, check the box for a part- Box 12 — Enter the transferee/buyer’s street address. nership. If the transferor/seller is a single member LLC that has not elected to be taxed as a corporation, and the only member is an individual, check Box 13 — Enter the transferee/buyer’s social security number (SSN). the box for an individual. If the transferor/seller is a revocable living trust, or any other trust in which an individual is treated as the owner of the trust, Box 14 — Enter the transferee/buyer’s City or Province, State, Postal/ZIP check the box for an individual or revocable living trust. For all other trusts code and Non U.S.A. County (if applicable). and estates, check the box for a trust or estate. NOTE: If your mailing address has changed, you must notify the Depart- Box 5 — Enter the Hawaii income tax withheld by the transferor/seller ment of the change by completing Form ITPS-COA, Change of Address whose name appears on this form. If there are two or more nonresident Form. Failure to do so may delay any important notices or correspondence transferors/sellers, indicate the respective amounts withheld for each non- to you. resident transferor/seller on a separate Form N-288A. If the amount re- For definitions and rules, see the Instructions for Form N-288. quired to be withheld has been waived or exempted, enter zero (0). If the |
Enlarge image | FORM THIS SPACE FOR DATE RECEIVED STAMP STATE OF HAWAII—DEPARTMENT OF TAXATION N-288A Statement of Withholding on Calendar Copy C (REV. 2023) Year Dispositions By Nonresident Persons of Hawaii Real Property Interests 2024 For Transferee’s/Buyer’s Records. 1. Description and Location of Property 2. Transferor/Seller’s Share of 3. Date of Transfer OR Transferred (Include tax map key number) Amount Realized Installment Payment Date 4. Transferor/Seller is an: Individual or RLT Partnership 5. Transferor/Seller’s Hawaii Income Tax Withheld Corporation S corporation Trust or Estate 6. Transferor/Seller’s Business Name 6a. Transferor/Seller’s FEIN 7. Transferor/Seller’s First Name M.I. Last Name Suffix 7a. Transferor/Seller’s SSN 8. Transferor/Seller’s Street Address 9. City or Province State Postal/ZIP code Non U.S.A. Country 10. Transferee/Buyer’s Name 11. Transferee/Buyer’s FEIN 12. Transferee/Buyer’s Street Address 13. Transferee/Buyer’s SSN 14. City or Province State Postal/ZIP code Non U.S.A. Country THIS FORM IS TO BE USED FOR TRANSFERS OR PAYMENTS MADE IN 2024 ONLY. FORM N-288A (REV. 2023) |
Enlarge image | INSTRUCTIONS FOR FORM N-288A References to “married” and “spouse” are also references to “in a civil union” and “civil union partner,” respectively. Prepare Form N-288A for each nonresident transferor/seller subject to amount required to be withheld has been reduced or waived by the Depart- withholding. If two or more nonresident transferors/sellers jointly transfer ment of Taxation, attach a copy of the approved Form N-288B. If one or a Hawaii real property interest, prepare a separate Form N-288A for each more of the transferors/sellers are exempt from the withholding and you are nonresident transferor/seller. issuing the exempt transferor/seller Form N-288A, attach a copy of the ex- empt transferor/seller’s Form N-289. If the transferor/seller is a partnership, A separate Form N-288A should also be prepared for both taxpayer and an S corporation, or a trust or estate, please attach a schedule showing spouse whether or not they will be filing a joint return for the year in which the name, identification number, and amount of the withholding allocated they transferred their Hawaii real property interest. Attach Copy A of Form(s) to each partner or member, S corporation shareholder, or beneficiary of N-288A and your check or money order to Form N-288. the trust or estate. For trusts and final-year estates, this schedule does not Joint Transferors/Sellers replace the election that needs to be made on Form N-40T. If one or more nonresident persons and one or more resident persons joint- Box 6 — Enter the transferor/seller’s business name. ly transfers Hawaii real property interest, first, determine the amount subject to withholding by allocating the amount realized from the transfer among Box 6a — Enter the transferor/seller’s federal employer identification num- the transferors/sellers based on their capital contribution to the property. ber (FEIN). If the transferor/seller is a single member LLC that has not elect- For this purpose, a taxpayer and spouse are treated as having contributed ed to be taxed as a corporation, and the only member is an individual, enter 50% each. Second, withhold on the total amount allocated to nonresident the social security number of the individual in box 7a. If the transferor/seller transferors/sellers. Third, credit the amount withheld among the nonresi- is a revocable living trust, or any other trust in which an individual is treated dent transferors/sellers as they mutually agree. The transferors/sellers must as the owner of the trust, enter the social security number of the individual request that the withholding be credited as agreed upon by the 10th day in box 7a. For all other trusts and estates, enter the federal employer iden- after the date of transfer. If no agreement is reached, credit the withholding tification number of the trust or estate in box 6a. by evenly dividing it among the nonresident transferors/sellers. Box 7 — Enter the transferor/seller’s name. Line by line instructions Box 1 — Enter a description of the property including its location and the Box 7a — Enter the transferor/seller’s social security number (SSN). nature of any substantial improvements, such as an apartment building or Box 8 — Enter the transferor/seller’s street address. warehouse. Include the tax map key. Box 9 — Enter the transferor/seller’s City or Province, State, Postal/ZIP Box 2 — Enter the amount realized by the transferor/seller whose name code and Non U.S.A. County (if applicable). appears on this form. If the transferor/seller is reporting the gain under the installment method, enter the principal portion of the total payments NOTE: If your mailing address has changed, you must notify the Depart- for the year. The transferor/seller must provide written notification to the ment of the change by completing Form ITPS-COA, Change of Address transferee/buyer prior to the transfer date if the transferor/seller will elect Form. Failure to do so may delay any important notices or correspondence out of the installment method and report the gain in full in the year of sale. to you. If a transferee/buyer does not receive written notification, the transferee/ Box 10 — Enter the transferee/buyer’s name. buyer shall assume that the transferor/seller will report the gain under the installment method. Box 11 — Enter the transferee/buyer’s FEIN. If the transferee/buyer is a single member LLC that has not elected to be taxed as a corporation, and Box 3 — Enter the date of transfer. For payments on an installment sale, the only member is an individual, enter the social security number of the enter the payment date of the installment and check the “Installment Pay- individual in box 13. If the transferor/seller is a revocable living trust, or any ment Date” box. other trust in which an individual is treated as the owner of the trust, enter Box 4 — Check the applicable box to indicate whether the transferor/seller the social security number of the individual in box 13. For all other trusts is an individual or revocable living trust, a partnership, a corporation, an S and estates, enter the federal employer identification number of the trust or corporation, or trust (including an irrevocable trust) or estate. If the trans- estate in box 11. feror/seller is an LLC that files a partnership return, check the box for a part- Box 12 — Enter the transferee/buyer’s street address. nership. If the transferor/seller is a single member LLC that has not elected to be taxed as a corporation, and the only member is an individual, check Box 13 — Enter the transferee/buyer’s social security number (SSN). the box for an individual. If the transferor/seller is a revocable living trust, or any other trust in which an individual is treated as the owner of the trust, Box 14 — Enter the transferee/buyer’s City or Province, State, Postal/ZIP check the box for an individual or revocable living trust. For all other trusts code and Non U.S.A. County (if applicable). and estates, check the box for a trust or estate. NOTE: If your mailing address has changed, you must notify the Depart- Box 5 — Enter the Hawaii income tax withheld by the transferor/seller ment of the change by completing Form ITPS-COA, Change of Address whose name appears on this form. If there are two or more nonresident Form. Failure to do so may delay any important notices or correspondence transferors/sellers, indicate the respective amounts withheld for each non- to you. resident transferor/seller on a separate Form N-288A. If the amount re- For definitions and rules, see the Instructions for Form N-288. quired to be withheld has been waived or exempted, enter zero (0). If the |