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IRS Form 8288-B is an Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests, used to reduce or eliminate withholding on dispositions of U.S. real property interests by foreign persons. This form is effective as of December 2025.
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IRS Form 8288-B is an Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests, used to reduce or eliminate withholding on dispositions of U.S. real property interests by foreign persons. This form is effective as of December 2025.
Plain English
This form allows a person or entity that sold U.S. real estate to apply for official documentation from the IRS. This certificate reduces or removes the amount of tax withheld when the sale happens, provided the application meets specific criteria. It is used when claiming nonrecognition treatment, exemption, or reduced withholding under special installment sales rules.
Submission Date
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Glossary Terms
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Form selector
Transferor is a foreign person and needs reduced withholding
This form applies directly for the certificate needed under section 1445.
✓ Check if you are filing as the transferee or transferor.
Disposition is based on special installment sales rules (section 1445(e))
The application must specify this claim type to qualify for reduced withholding.
✓ Ensure the identification number of the transferor is included.
Filing with a tax return that includes Forms 1040-NR or 1120-F
These forms are used alongside Form 8288-B to support the application.
✓ Confirm which line (7a or 7b) on your return requires attachments.
Claim is based on a calculation showing less than required withholding
This specific claim type allows for reduced withholding under section 1445.
✓ Ensure Line 7b of the supporting tax return has this box checked.
The filing is generally triggered by a disposition or encumbrance of U.S. real property interest, and the certificate must be issued before that event for pre-transfer notification. The form does not state a universal deadline for submission, but it allows for issuance after transfer to authorize a refund.
Checklist
Name of transferor
Name, TIN, and address (no P.O. box) · Line 1 on Form 8288-B
Claim basis
Must be one of the three types listed in General Instructions (e.g., nonrecognition treatment) · Page 2, General Instructions
Transferee details
Name, TIN, and address (no P.O. box) · Line 2 on Form 8288-B
Tax Return Attachment (Line 7a)
Brief description of transfer, law summary, facts supporting claim, evidence of no unsatisfied liability, or property value estimate · Page 3, Line 7a
Withholding Amount
Must be 15% or less (or the amount determined by IRS under section 1445(e)) · Page 2, Point 2
Field map
General Info
2 items
Full legal name and taxpayer identification number (SSN or EIN).
Current mailing address.
Details
2 items
Complete all applicable sections of this form according to the official IRS instructions.
Enter the relevant dollar amount if this form involves tax calculation.
Certification
1 items
Read and acknowledge any certifications required by this form.
Signatures
1 items
Sign and date. Unsigned forms cannot be processed.
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Fillable formOpen in Editor->The current edition is Revision December 2025, and users should visit www.irs.gov/Form8288B for the latest information regarding Form 8288-B.
Quick Facts
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Who can file Form 8288-B?
Either the transferee or the transferor (or another authorized person) can file this application.
→ Check Line 3 to see who is applying.
What must be provided for the TIN?
For individuals, the Taxpayer Identification Number (TIN) is a social security number (SSN); for all other entities, it is an employer identification number (EIN).
→ Verify if the filer is an individual or entity on Line 1/2.
How do I apply if I need an ITIN but don't have a TIN?
Attach the completed Form 8288-B to a completed Form W-7, Application for IRS Individual Taxpayer Identification Number, and send the package to the IRS at the address given in the Form W-7 instructions.
→ Ensure you attach the necessary Form W-7.
What is required regarding property valuation?
If the purchase price includes personal property not subject to tax under section 897, the transferor must list each item and state its fair market value, which should be supported by an independent appraisal or similar documentation.
→ Check if the sale involves non-taxable personal property.
Who must sign Form 8288-B?
The application must be signed by an individual, a responsible corporate officer, a general partner of a partnership, or a trustee, executor, or other fiduciary of a trust or estate. An authorized agent with a power of attorney may also sign using Form 2848.
→ Confirm the signer's role matches one of these categories.
Where should I send this form?
Do not send it to the office that processes the application; instead, see the section titled 'Where to send applications for a withholding certificate,' earlier on the form.
→ Look at Page 4 for specific mailing instructions.
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This form allows a person or entity that sold U.S. real estate to apply for official documentation from the IRS. This certificate reduces or removes the amount of tax withheld when the sale happens, provided the application meets specific criteria. It is used when claiming nonrecognition treatment, exemption, or reduced withholding under special installment sales rules.
Either the transferee or the transferor (or other authorized person) can file IRS Form 8288-B.
The form collects details such as the Name of transferor and their TIN on Line 1, along with the Name of transferee and their TIN on Line 2. Additional information is provided regarding the property description (Line 6f) and the IRS mailing address for return (Line 5).
The timing depends on when the certificate is issued; a certificate issued before the transfer notifies the transferee that reduced withholding is required or no withholding is required. A certificate issued after the transfer may authorize an early or a normal refund.
Applicants should send their applications to the IRS address listed on Line 5 of Form 8288-B, and they must check the section titled 'Where to send applications for a withholding certificate' for specific routing instructions.
The filer must first complete the identifying information for both the transferor and transferee (Lines 1 & 2). Next, they fill out details like the address for return (Line 5) and property specifics (Line 6f), before signing and submitting the application to request the withholding certificate.
If the application is based on an agreement for payment with conforming security or if it fails to meet the three specified claim types, the IRS may not issue the desired withholding certificate.
Either the transferee or the transferor (or another authorized person) can file this application. Check Line 3 to see who is applying.
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