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Level 1
February 14, 2023

1040NR and 8288

  • February 14, 2023
  • 1 reply
  • 8 views

Hi all! I hope everyone's tax season is off to a great start. I have an interesting case and would like some support and guidance on how to approach this: The client has a FIRPTA withholding from a sale of real estate property. The client did have their green card at the time, but at the closing still needed to file a 8288 withholding, for some reason according to the lawyer. They now want to get their withholding back and need to file a 1040NR, however they had their green cards, and I cannot file a 1040NR and need to file a 1040. What approach should I take in this scenario? 

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    1 reply

    sjrcpa
    Level 15
    February 14, 2023

    As you know, 1040 is the correct form for your client to file.

    You'll probably have to file on paper and attach the 8288-A and an explanation. I don't think the 1040 will efile with 8288-A withholding. It will probably take a long time and correspondence before client gets the refund.

    The more I know the more I don’t know.