FIRPTA Forms: Form 8288, 8288-A, and 8288-B Filing

If you are buying U.S. real property from a foreign seller, the FIRPTA forms you need are Form 8288, Form 8288-A, and sometimes Form 8288-B. As the buyer you are the withholding agent: you generally hold back 15 percent of the sale price, report the transaction on Form 8288 with a Form 8288-A for each foreign seller, and send the forms and money to the IRS within 20 days of closing. Form 8288-B is the optional application a foreign seller uses to ask the IRS for reduced withholding.

What Each FIRPTA Form Does

Form 8288 is the withholding tax return. It is the cover filing that tells the IRS who bought the property, when the transfer happened, and how much tax was withheld.¹

Form 8288-A is a per-seller statement. You prepare one for each foreign seller, and it links the withheld amount to that seller’s tax account. It comes in three copies: Copy A and Copy B are attached to Form 8288 when you file, Copy C stays in your records, and the IRS later stamps Copy B and mails it to the seller as proof of payment.²

Form 8288-B is filed by the seller, not the buyer. A foreign seller who expects the actual tax on the sale to be less than 15 percent of the gross price can apply for a withholding certificate; if the IRS approves it, the amount withheld at closing drops or goes to zero.³ The IRS normally acts on a complete application within 90 days.⁴

When You Do Not Need to File

Not every deal with a foreign-sounding name on the other side triggers FIRPTA. A few exceptions can end the obligation before you print a single form.

The seller signs a non-foreign affidavit. If the seller is actually a U.S. person, they can certify that under penalty of perjury, giving their name, TIN, and address. No IRS form is required, and once you receive a valid certification, FIRPTA withholding does not apply. This is the most common reason FIRPTA quietly disappears at closing. The catch: it does not protect you if you have actual knowledge the certification is false.⁵
Personal residence at $300,000 or less. If you (an individual) are buying the property as a residence and the price is $300,000 or under, no withholding is required, provided you or a family member has definite plans to occupy it for at least 50 percent of the days it is used during each of the first two years after closing. Vacant days do not count.⁶
The IRS issued a withholding certificate. If the seller obtained one through Form 8288-B, you withhold the amount the certificate specifies, which may be zero.⁶
Publicly traded stock. A disposition of stock in a domestic corporation that is regularly traded on an established securities market is generally exempt.
Non-recognition transactions. If the seller gives you written notice that a Code provision or U.S. treaty eliminates gain recognition, you file a copy of that notice with the IRS within 20 days but do not withhold.

Information to Gather Before You Start

Filling out the forms goes quickly once you have the right data in front of you. Missing a single item can delay processing or, worse, keep the seller from getting credit for the tax you sent.

Taxpayer identification numbers for both you and each foreign seller. Buyers typically use an SSN or EIN; foreign individual sellers use an ITIN if they do not have an SSN.⁷
The legal property description exactly as it appears on the recorded deed.
The amount realized: total sale price, including cash paid and any liabilities you assume. The 15 percent is calculated on this number.
The date of transfer. Every FIRPTA deadline runs from this date.

If the seller does not yet have an ITIN, they should apply on Form W-7, check box “h,” and write “Exception 4.” Under that exception they submit the W-7 with the completed Form 8288, 8288-A, or 8288-B, a copy of the sales contract or closing disclosure, and identity documents, without needing to attach a tax return. Without a TIN on Form 8288-A the IRS will not send back a stamped Copy B, and the seller will have a harder time claiming credit later.⁷

Filling Out Form 8288

Use the current version from irs.gov. The January 2026 revision is the most recent as of this writing.⁸

Individual buyers complete Part I. Enter your name, address, and TIN, then the date of transfer and the amount realized. The withholding amount, 15 percent of the amount realized unless a certificate says otherwise, goes on the designated line. Part II is for corporations, qualified investment entities, and fiduciaries withholding under a different Code section, and most residential deals never touch it.⁸

Attach Copies A and B of every Form 8288-A to Form 8288 before mailing. The totals on Form 8288 must match the combined amounts on the 8288-A forms. A mismatch can get the filing rejected or cause the IRS to misallocate the funds. Both forms are signed under penalty of perjury.

Filling Out Form 8288-A

Prepare a separate Form 8288-A for each foreign seller. Enter the seller’s name, TIN, and address, then the property description and the specific amount withheld from that seller’s proceeds.²

Accuracy on this form matters to the seller directly. The IRS uses it to produce the stamped receipt the seller needs when filing their U.S. return. If the name, TIN, or amount is wrong, the credit may not post. Check every field against the closing documents before signing.

When the Seller Wants Reduced Withholding: Form 8288-B

The default is 15 percent of the amount realized, calculated on the full sale price including any debt you assume.⁹ On a $500,000 sale, that is $75,000 held back and sent to the IRS.

The one way to reduce that percentage at closing is a Form 8288-B application filed by the seller. If it is still pending when the deal closes, you can hold the withheld funds in escrow instead of sending them to the IRS. If the IRS later approves the certificate, the escrowed amount (or the excess above the approved figure) goes back to the seller. If the application is denied, the full amount is remitted. Timing matters: the escrow option only exists when the application was submitted on or before the transfer date. File after closing and the ordinary 20-day deadline still runs.

Where and When to File

Mail Form 8288, the attached 8288-A copies, and the withheld tax payment to:

Internal Revenue Service
P.O. Box 409101
Ogden, UT 84409

Everything must arrive within 20 days of the transfer date.¹⁰ The clock runs from the day the property legally changes hands, not the day you get to the paperwork. You can also send the payment electronically through EFTPS, but the paper forms still have to be filed separately.¹¹

Penalties If You Miss the Deadline

Late filing or late payment triggers penalties under the general tax return rules. The failure-to-file penalty is 5 percent of the unpaid tax per month, capped at 25 percent, with interest accruing from the original due date.¹²

These penalties fall on you, the buyer, as the withholding agent. Reasonable cause, such as a natural disaster, inability to access records, or serious illness, can lead the IRS to waive the penalty. Being busy at closing or simply forgetting will not.

After You File

The IRS processes Form 8288 and the attached 8288-A forms, stamps Copy B, and mails it to the foreign seller at the address on the form. That stamped copy is the seller’s official proof of withholding and is what they attach to their U.S. return to claim credit for the tax you paid in. Processing can run from several weeks to several months.

Keep Copy C of each Form 8288-A along with proof of timely filing, such as a certified mail receipt. If anyone later questions whether withholding was handled correctly, those records are your defense.

1
Internal Revenue Service. About Form 8288, U.S. Withholding Tax Return for Certain Dispositions by Foreign Persons
2
Internal Revenue Service. Form 8288-A – Statement of Withholding on Certain Dispositions by Foreign Persons
3
Internal Revenue Service. About Form 8288-B, Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests
4
Internal Revenue Service. Form 8288-B – Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests
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eCFR. 26 CFR 1.1445-2 – Situations in Which Withholding Is Not Required
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Internal Revenue Service. Exceptions from FIRPTA Withholding
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Internal Revenue Service. ITIN Guidance for Foreign Property Buyers/Sellers
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Internal Revenue Service. Instructions for Form 8288
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Office of the Law Revision Counsel. 26 USC 1445 – Withholding of Tax on Dispositions of United States Real Property Interests
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Internal Revenue Service. Where to File – Forms Beginning with the Number 8
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Internal Revenue Service. Using EFTPS to Submit Payments
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Office of the Law Revision Counsel. 26 USC 6651 – Failure to File Tax Return or to Pay Tax