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1040NR and 8288
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michael-habib11
Level 1
02-14-2023
04:50 PM
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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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sjrcpa
Level 15
02-14-2023
05:44 PM
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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.
Ex-AllStar
