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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2018
Experience:  Practicing Attorney with 10 years experience
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I'm a french citizen, and sold a condo in San Francisco in

Customer Question

Hello,
I'm a french citizen, and sold a condo in San Francisco in 2015.
I recently received a 'Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests'
Does it mean that I am getting money back from the federal taxes?
If yes then how much am I suppose to get back, relative to the amount realized, and the federal income tax withheld (10% of the amount realized)
Thanks a lot.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
I should had that I used to work in the US from 2010 to 2014 under a H1-b visa, so I had a SSN at that time.
the filled form I have received is 8288-A, and I'm asked to send along a 1040NR form (U.S. Nonresident Alien Income Tax Return)
Customer: replied 1 year ago.
for what I understand, I'm supposed to get back the entire amount of the federal income tax withheld... correct me if I'm wrong.
Expert:  Asad Rahman replied 1 year ago.

My understanding of that document is that it indicates you may have some tax liability for the transaction. This is from the internal revenue service website which is the taxing authority of the US. https://www.irs.gov/Businesses/Withholding-of-Tax-on-Dispositions-of-U.S.-Real-Property-Interests

Expert:  Asad Rahman replied 1 year ago.

Actually, it says a buyer was to withhold 10% for tax purposes under a particular statute Foreign Investment in Real Property Tax Act. You may want to contact a tax attorney or a certified public accountant in California who could help you deal with this situation.

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