Form 8288-B Withholding Certificate Guide

Updated September 27, 2026 • Review the current Form 8288-B and IRS FIRPTA guidance before filing.

Who may apply?

The IRS states that either the transferee/buyer or the transferor/seller (or an authorized person) may apply for a withholding certificate in qualifying circumstances.

What can a withholding certificate do?

Current IRS guidance explains that a certificate may reduce or eliminate withholding in qualifying cases, including situations where the standard withholding amount exceeds the transferor’s maximum tax liability, an exemption/nonrecognition provision applies, or an agreement with the IRS addresses payment.

Timing matters

The IRS instructions state that an application submitted on or before the transfer date can affect when withheld tax is reported and paid while the application is pending. The withheld amount generally is still held until the IRS acts.