Form 8288 — FIRPTA Withholding Return

See exactly what your closing agent files with the IRS on your behalf when you sell your DVC contract.

You do not file this form. Form 8288 is filed by the buyer or escrow/settlement agent within 20 days of your closing. This interactive viewer shows you what that form looks like — pre-filled with sample DVC sale data — so you know what your closing agent submitted on your behalf.

Download Official PDF Fill Out Form 8288-B (Reduce Withholding)

Form 8288

(Rev. January 2023)

Department of the Treasury — Internal Revenue Service

U.S. Withholding Tax Return for

Dispositions by Foreign Persons of U.S. Real Property Interests

(FIRPTA Withholding)

OMB No. 1545-0902

Filed by withholding agent

Part I — Withholding Agent Information (Your Buyer / Escrow Agent)

1a. Name of withholding agent

The escrow/settlement company at your DVC closing

1b. Employer identification number (EIN)

1c. Address

Part II — Transferor (Seller) Information — This Is You

The buyer/escrow agent enters your information as the foreign seller from your closing documents.

2a. Name of transferor (seller)

Your legal name(s) as on the DVC deed

2b. U.S. taxpayer identification number (ITIN or SSN)

2c. Foreign address

2d. Country of residence

2e. Type of transferor

Part III — Property Description

3a. Description of U.S. real property interest transferred

Your DVC contract description from the deed

3b. Location of property

3c. Date of transfer (closing date)

Part IV — Withholding Calculation

4a. Amount realized (sale price)

Gross sale price of your DVC contract

4b. Withholding rate

Standard FIRPTA rate

4c. Amount withheld (4a x 15%)

Sent to IRS within 20 days of closing

5. Total amount withheld and remitted to IRS

$3,000.00

You receive credit for this on Form 1040-NR. If your actual tax is less than $3,000 you get a refund.

CERTIFICATION — Signed by the withholding agent (not you)

Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete.

Signature of withholding agent

Title

Date signed

Within 20 days of closing

Your escrow agent submits Form 8288 with the $3,000 payment to the IRS. The IRS stamps Form 8288-A and mails Copy B back to you.

You receive Form 8288-A

This is your proof the withholding was paid. Keep it — you must attach it to your Form 1040-NR to claim the $3,000 as a credit.

File Form 1040-NR

Report your DVC sale, apply the $3,000 withholding credit. If your actual tax is less, the IRS refunds the difference.

Want to reduce this withholding before closing?

If you expect little or no gain on your DVC sale, apply for a withholding certificate using Form 8288-B before closing. If approved, the IRS reduces the withholding from 15% to your estimated actual tax — which may be zero.

Fill Out Form 8288-B Online Read FAQs