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Form 8288 for Orange California: What You Should Know

It is also helpful to note, if you are an individual, how you identify yourself in the following instructions. I. Please identify yourself to us as the property owner. A person has “assumed” the U.S. real property interest if the nonresident alien person claims the interest under the same rules that apply to a U.S. taxpayer or a domestic taxpayer. You must be physically present in the U.S. or have an American address. II. What is the purpose of filing Form 8288 and, if you elect an early release of the withholding tax for foreign property interest, will the application be considered timely? A Form 8288 and an IRS Form W-8BEN (withholding tax return) is filed once a year. Form 8288 is an official return, required by law, and filed with the IRS. A Form W-8BEN is an information return, required only by the IRS, that should be filed with your U.S. taxpayer return. Under IRS rules, a Form 8288 is considered timely if you were required to file a Form W-8BEN for your transaction during the calendar year preceding the calendar year of the 8288 transaction. This would be April 1, 2019, for an April tax year. If you have not been required to file a Form W-8BEN for this April  year tax year, you should complete Form 8288, U.S. Withholding Tax Return (or, if you wish, a separate Form W-8BEN, if you have had one filed) and then attach a copy of the Form W-8BEN to the Form 8288. If you have not had a Form W-8BEN filed for this April  year tax year, you should complete Form 8288, U.S. Withholding Tax Return (or, if you wish, a separate Form W-8BEN, if you have had an 8289-B filing). If you have filed such a Form 8289-B before, you will need to make only changes to the form and attach it to your Form 8288, as it is not necessary to file a new Form 8289-B.

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