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ITIN Exceptions - Exception 4 - Third-Party Withholding—Disposition by a Foreign Person of U.S. Real


Most ITIN applications require a U.S Federal Tax return attached as part of the W-7 ITIN application process. However there are limited ITIN exceptions where a U.S. Federal Tax return is not required.

If any of the 5 ITIN exceptions apply to you, then you will not need to attach a U.S. Federal Tax return.

Information reporting and/or withholding requirements apply to third parties (frequently banks and other financial institutions) who will request an ITIN to enable them to file information reports that are required by law.

Exception 4 - Third-Party Withholding—Disposition by a Foreign Person of U.S. Real Property Interest

4. A withholding obligation generally is imposed on a buyer or other transferee (withholding agent) when the buyer acquires a U.S. real property interest from a foreign person. In some instances, the foreign person may apply for a withholding certificate to reduce or eliminate withholding on the disposition of real property.

To support the claim that you are eligible to use this exception - If you’re eligible to claim Exception 4, you must submit: A completed Form 8288, or Form 8288-A, and/or Form 8288-B; and A copy of the real estate sales contract. Note: For the seller of the property, copies of the sales contract, and copies of Forms 8288 and 8288-A submitted by the buyer need to be attached to Form W-7.

Note: For all exceptions listed above - Federal tax withholding and/or information reporting must take place within the current tax year.

Do I need an ITIN?

Please refer to our blog post "ITIN Number Application" for further information.

A Certified Acceptance Agent (CAA) can assist you in obtaining the correct TIN.

Just Breve are part of the ITIN Acceptance Agent Program. As a Certifying Acceptance Agent (CAA), we are authorised by the Internal Revenue Service (IRS) to assist alien individuals and other foreign persons with obtaining ITINs from the IRS by validating the person’s foreign status and identity.

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