Enlarge image | Clear Form STATE OF HAWAII __ DEPARTMENT OF TAXATION Copy A - For State of Hawaii, Department of Taxation FORM Application for Withholding Certificate N-288B for Dispositions by Nonresident (REV. 2019) Persons of Hawaii Real Property Interest • File Copies A and B of this form with the Department of Taxation. • DO NOT file Form N-288B if the transfer of property has already taken place. The Department of Taxation will not approve Form N-288B after the date of transfer reported on line 4a has passed. • Please be sure to complete ALL lines and attach ALL supporting documentation OR your application will be rejected. • See Instructions on the back of Copy B. 1 Name of applicant (Transferor/seller) Identification number (SSN or FEIN) Mailing address where you want withholding certificate sent Daytime phone no. of applicant ( ) City, State, and ZIP code (province, postal code, and country) 2 Names of all transferors/sellers (Attach additional sheets if more than one transferor/seller.) Identification number (SSN or FEIN) Address (number and street) City, State, and ZIP code (province, postal code, and country) 3 Names of all transferees/buyers (Attach additional sheets if more than one transferee/buyer.) I.D. no. (Last 4 numbers of the SSN or FEIN) Address (number and street) City, State, and ZIP code (province, postal code, and country) 4 Description of Hawaii real property transaction: a Date of transfer (month, day, year). DO NOT file Form N-288B if the transfer of property has already taken place. The Department of Taxation will not approve Form N-288B after the date of transfer has passed. b Location and general description of property (Include tax map key number) ________________________________________________________ ____________________________________________________________________________________________________________________ 5 Check the box to indicate the reason a withholding certificate should be issued. NOTE: The transferor/seller is required under section 235-92, HRS, to file an income tax return whether or not the person derives a taxable gain. a The transferor/seller will not realize any gain with respect to the transfer. (Complete 5a on the back of Copy A.) b There will be insufficient proceeds to pay the withholding required under section 235-68(b), Hawaii Revised Statutes, after payment of all costs, including selling expenses and the amount of any mortgage or lien secured by the property. (Complete 5b on the back of Copy A.) 6 Was the property used at anytime as a rental? ................................. Yes No Hawaii Tax I.D. Number If yes, enter your Hawaii Tax I.D. Number. GE - - - I hereby declare under penalties provided by section 231-36, HRS, that I have examined this application and accompanying attachments, and, to the best of my knowledge and Please belief, they are true, correct, and complete. h ___________________________________________ _______________________________ _________________________ Sign Signature Title (If applicable) Date h ___________________________________________ _______________________________ _________________________ Here Spouse’s signature (If applicable) Title (If applicable) Date FOR OFFICIAL USE ONLY: Approved: Disapproved: Month Day Year Month Day Year Amount required to be withheld $ Signature N288B_I 2019A 01 VID01 ID NO 01 FORM N-288B |
Enlarge image | FORM N-288B (REV. 2019) 5a. Calculation and written justification showing that the transferor/seller will not realize any gain with respect to the transfer. Attach a copy of a tentative statement from your escrow company for this transaction showing the gross sales price. Also attach a copy of your closing escrow statement from your purchase or acquisition of this property. (Note: You must provide documentation for all items in the calculation. Do NOT include any carryforward, net operating or suspended passive activity losses on line 2b.) 1. Sales Price $ __________________________ 2a. Purchase price of property ____________________________ 2b. Add: Improvements (attach schedule) ____________________________ Selling expenses ____________________________ Other (attach list and schedule) ____________________________ 2c. Less: Depreciation (attach schedule) ____________________________ Other (attach list and schedule) ____________________________ 3. Adjusted basis of property. (Line 2a plus line 2b, minus line 2c) $ __________________________ 4. Line 1 minus line 3. If greater than zero, you DO NOT qualify for a waiver of the withholding. Do not file this form with the State of Hawaii, Department of Taxation. Exception: If this property was used as your main home and you may qualify to exclude the entire gain, use Form N-103 as a worksheet and attach Form N-103 to this Form N-288B. $ __________________________ 5b. Calculation and written justification showing that there will be insufficient proceeds to pay the withholding required under section 235-68(b), Hawaii Revised Statutes, after payment of all costs, including selling expenses and the amount of any mortgage or lien secured by the property. Attach a copy of a tentative statement from your escrow company for this transaction showing the distribution of funds received. 1a. Sales price $ __________________________ 1b. Sales proceeds to be received in forms other than cash (describe) __________________________________ ___________________________ 1c. Sales proceeds to be received in cash (Line 1a minus line 1b) ___________________________ 2a. Selling expenses. Attach a schedule or list below to indicate the breakdown of your calculations. $ ________________________ 2b. Mortgage(s) secured by the property sold to be paid off with cash proceeds ________________________ 2c. Other (list): 3. Add lines 2a through 2c $ __________________________ 4. Amount to be withheld. Line 1c minus line 3 (If less than zero, enter zero) $ __________________________ |
Enlarge image | STATE OF HAWAII __ DEPARTMENT OF TAXATION Copy B - To be returned to Transferor/seller FORM Application for Withholding Certificate N-288B for Dispositions by Nonresident (REV. 2019) Persons of Hawaii Real Property Interest • File Copies A and B of this form with the Department of Taxation. • DO NOT file Form N-288B if the transfer of property has already taken place. The Department of Taxation will not approve Form N-288B after the date of transfer reported on line 4a has passed. • Please be sure to complete ALL lines and attach ALL supporting documentation OR your application will be rejected. • See Instructions on the back of Copy B. 1 Name of applicant (Transferor/seller) Mailing address where you want withholding certificate sent Daytime phone no. of applicant ( ) City, State, and ZIP code (province, postal code, and country) 2 Names of all transferors/sellers (Attach additional sheets if more than one transferor/seller.) Address (number and street) City, State, and ZIP code (province, postal code, and country) 3 Names of all transferees/buyers (Attach additional sheets if more than one transferee/buyer.) I.D. no. (Last 4 numbers of the SSN or FEIN) Address (number and street) City, State, and ZIP code (province, postal code, and country) 4 Description of Hawaii real property transaction: a Date of transfer (month, day, year). DO NOT file Form N-288B if the transfer of property has already taken place. The Department of Taxation will not approve Form N-288B after the date of transfer has passed. b Location and general description of property (Include tax map key number) ________________________________________________________ ____________________________________________________________________________________________________________________ 5 Check the box to indicate the reason a withholding certificate should be issued. NOTE: The transferor/seller is required under section 235-92, HRS, to file an income tax return whether or not the person derives a taxable gain. a The transferor/seller will not realize any gain with respect to the transfer. (Complete 5a on the back of Copy A.) b There will be insufficient proceeds to pay the withholding required under section 235-68(b), Hawaii Revised Statutes, after payment of all costs, including selling expenses and the amount of any mortgage or lien secured by the property. (Complete 5b on the back of Copy A.) 6 Was the property used at anytime as a rental? ................................. Yes No Hawaii Tax I.D. Number If yes, enter your Hawaii Tax I.D. Number. GE - - - I hereby declare under penalties provided by section 231-36, HRS, that I have examined this application and accompanying attachments, and, to the best of my knowledge and Please belief, they are true, correct, and complete. h ___________________________________________ _______________________________ _________________________ Sign Signature Title (If applicable) Date h ___________________________________________ _______________________________ _________________________ Here Spouse’s signature (If applicable) Title (If applicable) Date FOR OFFICIAL USE ONLY: Approved: Disapproved: Month Day Year Month Day Year Amount required to be withheld $ Signature FORM N-288B |
Enlarge image | INSTRUCTION STATE OF HAWAII — DEPARTMENT OF TAXATION FORM N-288B Instructions for Form N-288B (REV. 2019) Application for Withholding Certificate for Dispositions by Nonresident Persons of Hawaii Real Property Interest NOTE: References to “married” and “spouse” are also references to “in a civil union” and “civil union partner,” respectively.) General Instructions transfer. Forms N-288B filed later than 10 work- return whether or not the person derives a ing days prior to the date of transfer will not be taxable gain. Purpose of Form accepted and will be returned to the transferor/ Line 6. If the property was used as a rental Use Form N-288B to apply for a withholding cer- seller. The Department will not approve Forms property at anytime by the transferor/seller(s), tificate to waive or adjust withholding on disposi- N-288B after the date of transfer reported on check the box marked “yes” and fill in the appropri- tions by nonresident persons of Hawaii real prop- line 4a has passed. Timely mailing of Form N- ate Hawaii Tax I.D. Number. If not, check the box erty interest. Use this form only for applications 288B by U.S. mail or any delivery service desig- marked “no.” based on (1) a claim that the transferor/seller will nated for purposes of section 7502 of the federal not realize any gain with respect to the transfer, or Internal Revenue Code will be treated as timely Back of Copy A (2) a claim that there will be insufficient proceeds filed. See Tax Information Release No. 97-3 for to pay the withholding required under section more information. Line 5a(1). Enter the gross sales price from the sale. Attach a copy of a tentative statement from 235-68(b), Hawaii Revised Statutes (HRS), after Where to Send Form N-288B your escrow company for this transaction showing payment of all costs, including selling expenses the gross sales price, the transferor(s)/seller(s), and the amount of any mortgage or lien secured Copies A and B of Form N-288B must be and the transferee(s)/buyer(s). by the property. If a nonresident transferor/seller mailed or hand delivered to the taxation district transfers two or more Hawaii real property inter- office listed below which is located in the county Line 5a(2a). Purchase price of property (attach ests, one Form N-288B should be filed for each where the closing of the sale is taking place, or the tentative statement). property transferred. county in which the property is located. After the Line 5a(2b). Improvements: Attach schedule of form has been approved or disapproved, copy B improvements with contracts, invoices, receipts Who Can Apply for a Withholding of Form N-288B will be returned to the transferor/ and any supporting documents. Selling expenses: Certificate seller at the address specified on line 1. If copy B List selling expenses such as commissions, state of Form N-288B is not submitted, a copy of the transfer taxes, etc. Other: Attach list and schedule The transferor/seller can file Form N-288B. If form will not be returned to the transferor/seller. any evidence supporting your claim. two or more nonresident transferors/sellers jointly We do not fax confidential information concern- transfer a Hawaii real property interest, a separate ing Form N-288B, nor do we accept Form N-288B Line 5a(4). Line 1 minus line 3. If greater than Form N-288B should be filed for each nonresident through fax. zero, you DO NOT qualify for a waiver of withhold- transferor/seller applying for a withholding certifi- ing. Do not submit Form N-288B. Exception: If the cate. One Form N-288B should be filed for a tax- Specific Instructions sale of the property was your main home and you payer and spouse if they will be filing a joint return qualify to exclude the entire gain, use Form N-103 for the year in which they transferred their Hawaii Line 2. Enter “Same as line 1” unless you are as a worksheet and attach Form N-103 to Form real property interest. entering another address. If you entered a mailing N-288B. address on line 1 that is not your actual address, Withholding Certificate enter your actual address on line 2. If there are Line 5b(1a). Enter the gross sales price from the multiple transferor/sellers, attach additional sheets sale. Attach a copy of a tentative statement from Upon receipt of Form N-288B, the State of Ha- giving the required information about each one, your escrow company for this transaction showing waii, Department of Taxation (Department) shall indicating ownership percentage and residency the distribution of funds received, the transferor(s)/ determine whether the transferor/seller has re- status. seller(s), and the transferee(s)/buyer(s). alized or will realize any gain with respect to the Line 5b(1b). Enter the amount of sales pro- transfer, or whether there will be insufficient pro- Line 3. Enter the name, address, and iden- ceeds to pay the withholding. After the form has tification number (last 4 numbers of the SSN or ceeds to be received in forms other than cash, been approved or disapproved, a copy of the form FEIN), if any, of the transferee/buyer. The Internal such as an agreement of sale or purchase money will be returned to the transferor/seller, who shall Revenue Service (IRS) issues Individual Taxpayer mortgage. thereafter transmit the form to the transferee/buyer. Identification Numbers (ITINs) to certain aliens Line 5b(2a). Enter any expense of sale, such as who are required to have a U. S. taxpayer identi- commissions and state transfer taxes. If the Department is satisfied that no gain will be fication number but who do not have, and are not realized, the Department will waive the withhold- eligible to obtain, a social security number. The Line 5b(2c). Enter any other cost associated ing requirement and the transferee/buyer is not last 4 numbers of the ITIN issued by the IRS must with the sale of the property, such as liens secured required to withhold any tax. The transferee/buyer be used as the individual’s identification number. If by the property. shall attach a copy of the Form N-288B to Forms the individual has applied for an ITIN but the IRS N-288 and N-288A, which must still be filed with has not yet issued the ITIN, write “Applied For.” If Signature the Department. there are multiple transferee/buyers, attach addi- Form N-288B must be signed by an individual, a If the Department is satisfied that there will be tional sheets giving the required information about responsible corporate officer, a member or gener- insufficient proceeds to pay the withholding, the each one. al partner of a partnership, or a trustee, executor, Department will adjust the amount required to be Line 4. Enter the appropriate information. In 4b, or other fiduciary of a trust or estate. If Form N- withheld and the transferee/buyer shall withhold enter the address and description of the property. 288B is being filed by a taxpayer and spouse, both the adjusted amount and submit the payment, Include the tax map key number. must sign the form. In addition, Form N-288B may Form N-288, Form N-288A, and Form N-288B to be signed by an authorized agent with a power of the Department. Line 5. If 5a is checked, 5a on the back of Copy attorney. A must be completed. If 5b is checked, 5b on the When to File Form N-288B back of Copy A must be completed. Form N-288B must be filed with the Department NOTE: The transferor/seller is required under no later than 10 working days prior to the date of section 235-92, HRS, to file an income tax MAILING ADDRESSES OAHU DISTRICT OFFICE MAUI DISTRICT OFFICE HAWAII DISTRICT OFFICE KAUAI DISTRICT OFFICE OFFICE AUDIT BRANCH - N-288B RE: N-288B RE: N-288B RE: N-288B P. O. BOX 259 54 S. HIGH STREET, #208 75 AUPUNI STREET, #101 3060 EIWA STREET, #105 HONOLULU, HAWAII 96809-0259 WAILUKU, HAWAII 96793-2198 HILO, HAWAII 96720-4245 LIHUE, HAWAII 96766-1889 (830 PUNCHBOWL STREET, #228) 808-984-8500 808-974-6321 808-274-3456 808-587-1644 |