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Level 5
March 30, 2026
Question

A foreign national selling investment property

  • March 30, 2026
  • 1 reply
  • 0 views

A foreign national and their spouse invested in property in California. After selling the property, the escrow company withheld 30% of the sale price for taxes. One spouse has a valid Social Security number, while the other does not. I understand they cannot file as married filing jointly, but how can the spouse without a Social Security number claim a refund? The escrow company issued Form 8288-A with the Social Security number left blank.

1 reply

sjrcpa
Level 15
March 30, 2026

Get an ITIN.

The more I know the more I don’t know.
khorshedAuthor
Level 5
March 30, 2026

Thank you. Do I need to ask escrow company to reissue form 8288-A 

sjrcpa
Level 15
March 30, 2026

It will take a while to get the ITIN.
Settlement company probably won't reissue.

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