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FAQ - Form 8288-A

What is the purpose of Form 8288-A?
A. The purpose of FSS Form 8288 is to report certain taxes and interest and dividend payments required to be reported to the IRS from the disposition of property purchased with FSS funds. You must complete Form 8288-A promptly after the disposition. Q. What is the purpose of Form 8289? A. Form 8289 is used by the United States to obtain tax information from the foreign persons reporting foreign income. An owner of the United States real estate or qualified small business corporation property must file Form 8289 if he or she has more than one foreign country as the head of a household and he or she is resident for more than 183 days in each of the intervening countries. Form 8289 is not required for the purpose of paying foreign income taxes if the tax was reported to the IRS and the foreign person meets the foreign person residence requirements. The person reporting income to the U.S. with respect to any foreign income shall file an 8289 if he or she did not report any income to the IRS in the country where income taxes due were paid on the reporting period with the foreign persons reporting income in that country (for the United States real estate or qualified small business corporation property). If the U.S. reporting person was reported by the foreign persons to pay gross income taxes paid in both countries, such person should include the amount paid by the foreign persons in his or her report under Form 8289. For purposes of Form 8289, a foreign nation is a specified country, a State, political subdivision of a State or a possession of a State if the country meets the requirements provided in this Form. Any other country is a non-specified country. The country to which an owner has permanent establishment that the owner has used for not more than 365 days during the preceding 12-month period. If the foreign nation is a specified country, the country must satisfy at least two of the same three requirements, and the person must use the specified country for a minimum of 90 days of the 12-month period. If the country is a non-specified country, the country, for either a specified or non-specified country, must meet two of the same three requirements, and the person must use the corresponding country for a minimum of 180 days of the 12-month period. Please see Exhibit 5, U.S. Individual Income Tax Withholding Tables, for an indication of the requirements of which nation must be met.
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