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KS online Form 8288: What You Should Know

E. 30 days) for the transfer, the Form 8288-A is returned to the transferor and the transferor are not required to provide the return to the IRS at the time the Form 8288 is filed. If the Form 8288-A is  stamped by the IRS, a Form 8288-A will be not returned to the transferor. The transferor is required to include a copy of the Form 8288-A, along with a Form 8288, to the IRS on Form 8288-A as an extension of time to comply with the withholding requirements set forth in 26 CFR § 1.1445-1. If the transferor is required to complete a Form 8288 and is required by the IRS — to have a Form 8288-A in possession for the period of time beginning on the date of the transfer of the property interest and ending on the date the Form 8288-A is returned to the transferor or the transferor is otherwise released from withholding requirements, either in accordance with 26 USC § 1.1445-1(a)(1) or at any other time when a Form 8288 is required (26 CFR § 1.1445-1(a)(3) requires that all Form 8288s be filed prior to the date of the transfer, or 26 CFR § 1.1445-1(a)(7). If the transferor elects to make a filing of Form 8288 to withhold U.S. taxes from a transfer of property, or to withhold amounts required to be withheld under the U.S. withholding tax system, the Form 8288 cannot be filed before the transferor receives notice of the income tax consequences of the income tax return, including the notice of assessment which would be made to the transferor.

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