Hawaii Statement of Withholding on Dispositions by Nonresident Persons on Property Interest

Statement of Withholding on Dispositions by Nonresident Persons on Property Interest
N-288A (Rev.2023), Statement of Withholding on Dispositions by NonResident Persons of Hawaii Real Property Interests
Clear Form
FORM

N-288A

STATE OF HAWAII—DEPARTMENT OF TAXATION

Statement of Withholding on
Dispositions By Nonresident Persons
of Hawaii Real Property Interests

(REV. 2023)

THIS SPACE FOR DATE RECEIVED STAMP

Calendar
Year

2024

Copy A — Submit to the State of Hawaii - Department
N288A_I 2023A 01 VID01

      of Taxation. See Copy C for Instructions

1.	 Description and Location of Property
Transferred (Include tax map key number)

4.	 Transferor/Seller is an: 		Individual or RLT	

	Corporation	

	S corporation	

2.	 Transferor/Seller’s Share of
Amount Realized

3.	 Date of Transfer OR
 Installment Payment Date

5.	 Transferor/Seller’s Hawaii Income Tax Withheld

	Partnership
	Trust or Estate

6.	 Transferor/Seller’s Business Name					

6a.	Transferor/Seller’s FEIN

7.	 Transferor/Seller’s First Name	

7a.	Transferor/Seller’s SSN

M.I.	

Last Name	

	

Suffix	

Postal/ZIP code	

Non U.S.A. Country

8.	 Transferor/Seller’s Street Address

9.	 City or Province	

State	

10.	 Transferee/Buyer’s Name

11. Transferee/Buyer’s FEIN

12.	 Transferee/Buyer’s Street Address

13. Transferee/Buyer’s SSN

14.	 City or Province	

State	

Postal/ZIP code	

Non U.S.A. Country

THIS FORM IS TO BE USED FOR TRANSFERS OR PAYMENTS MADE IN 2024 ONLY.
ATTACH THIS COPY OF FORM(S) N-288A AND YOUR CHECK OR MONEY ORDER TO FORM N-288 (Payable to “Hawaii State Tax Collector”)

288AC0S1
ID NO 01
		
FORM N-288A (REV. 2023)

FORM

N-288A

STATE OF HAWAII—DEPARTMENT OF TAXATION

(REV. 2023)

Statement of Withholding on
Dispositions By Nonresident Persons
of Hawaii Real Property Interests

1.	 Description and Location of Property
Transferred (Include tax map key number)

4.	 Transferor/Seller is an: 		Individual or RLT	

	Corporation	

	S corporation	

THIS SPACE FOR DATE RECEIVED STAMP

Calendar
Year

Copy B

2024

Send to Transferor/Seller.  This information
is being furnished to the State of Hawaii,
Department of Taxation.  See Instructions
on back of this copy.

2.	 Transferor/Seller’s Share of
Amount Realized

3.	 Date of Transfer OR
 Installment Payment Date

5.	 Transferor/Seller’s Hawaii Income Tax Withheld

	Partnership
	Trust or Estate

6.	 Transferor/Seller’s Business Name					

6a.	Transferor/Seller’s FEIN

7.	 Transferor/Seller’s First Name	

7a.	Transferor/Seller’s SSN

M.I.	

Last Name	

	

Suffix	

Postal/ZIP code	

Non U.S.A. Country

8.	 Transferor/Seller’s Street Address

9.	 City or Province	

State	

10.	 Transferee/Buyer’s Name

11. Transferee/Buyer’s FEIN

12.	 Transferee/Buyer’s Street Address

13. Transferee/Buyer’s SSN

14.	 City or Province	

State	

Postal/ZIP code	

Non U.S.A. Country

THIS FORM IS TO BE USED FOR TRANSFERS OR PAYMENTS MADE IN 2024 ONLY.
		
FORM N-288A (REV. 2023)

INSTRUCTIONS TO TRANSFEROR/SELLER
Generally, a 7.25% withholding obligation must be withheld by the transferee/buyer when a nonresident person disposes of their Hawaii real property. Even though tax may or may not have been withheld, you are required
to file a Form N-15, N-20, N-30, N-35 or N-40 to report the sale or other
disposition.

CERTIFICATE TO WAIVE OR ADJUST WITHHOLDING

If there is insufficient funds to pay the withholding required, the transferor/
seller may file Form N-288B to apply for a withholding certificate to waive
or adjust the withholding. This form is used only for applications based
on (1) a claim that the transferor/seller will not realize any gain with respect to the transfer, or (2) a claim that there will be insufficient proceeds to pay the withholding required under section 235-68(b), Hawaii
Revised Statutes (HRS), after payment of all costs, including selling expenses and the amount of any mortgage or lien secured by the property.
NOTE: Form N-288B should be filed no later than 10 working days prior

to the date of transfer. Form N-288B will not be approved after the date of
transfer has passed. See Form N-288B for more information.

REFUND

The transferor/seller may file for a refund if the real property interest is in excess of the transferor/seller’s tax liability on Form N-288C.
The nonresident transferor/seller is still required to file a Hawaii income tax return (Forms N-15, N-20, N-30, N-35, or N-40) after the end
of the taxable year, report the entire Hawaii source income for the year
including the transaction and pay any additional tax due on the income or request a refund. See Form N-288C for more information.
NOTE: Under section 235-111, HRS, any claim for a credit or refund of an
overpayment of taxes must be filed within three years from the due date of
the return, or within two years from the time the tax was paid, whichever is
later.

INSTRUCTIONS FOR FORM N-288A

References to “married” and “spouse” are also references to “in a civil union” and “civil union partner,” respectively.
Prepare Form N-288A for each nonresident transferor/seller subject to
withholding. If two or more nonresident transferors/sellers jointly transfer
a Hawaii real property interest, prepare a separate Form N-288A for each
nonresident transferor/seller.
A separate Form N-288A should also be prepared for both taxpayer and
spouse whether or not they will be filing a joint return for the year in which
they transferred their Hawaii real property interest. Attach Copy A of Form(s)
N-288A and your check or money order to Form N-288.

Joint Transferors/Sellers

If one or more nonresident persons and one or more resident persons jointly transfers Hawaii real property interest, first, determine the amount subject
to withholding by allocating the amount realized from the transfer among
the transferors/sellers based on their capital contribution to the property.
For this purpose, a taxpayer and spouse are treated as having contributed
50% each. Second, withhold on the total amount allocated to nonresident
transferors/sellers. Third, credit the amount withheld among the nonresident transferors/sellers as they mutually agree. The transferors/sellers must
request that the withholding be credited as agreed upon by the 10th day
after the date of transfer. If no agreement is reached, credit the withholding
by evenly dividing it among the nonresident transferors/sellers.

Line by line instructions

Box 1 — Enter a description of the property including its location and the
nature of any substantial improvements, such as an apartment building or
warehouse. Include the tax map key.
Box 2 — Enter the amount realized by the transferor/seller whose name
appears on this form. If the transferor/seller is reporting the gain under
the installment method, enter the principal portion of the total payments
for the year. The transferor/seller must provide written notification to the
transferee/buyer prior to the transfer date if the transferor/seller will elect
out of the installment method and report the gain in full in the year of sale.
If a transferee/buyer does not receive written notification, the transferee/
buyer shall assume that the transferor/seller will report the gain under the
installment method.
Box 3 — Enter the date of transfer. For payments on an installment sale,
enter the payment date of the installment and check the “Installment Payment Date” box.
Box 4 — Check the applicable box to indicate whether the transferor/seller
is an individual or revocable living trust, a partnership, a corporation, an S
corporation, or trust (including an irrevocable trust) or estate. If the transferor/seller is an LLC that files a partnership return, check the box for a partnership. If the transferor/seller is a single member LLC that has not elected
to be taxed as a corporation, and the only member is an individual, check
the box for an individual. If the transferor/seller is a revocable living trust,
or any other trust in which an individual is treated as the owner of the trust,
check the box for an individual or revocable living trust. For all other trusts
and estates, check the box for a trust or estate.
Box 5 — Enter the Hawaii income tax withheld by the transferor/seller
whose name appears on this form. If there are two or more nonresident
transferors/sellers, indicate the respective amounts withheld for each nonresident transferor/seller on a separate Form N-288A. If the amount required to be withheld has been waived or exempted, enter zero (0). If the

amount required to be withheld has been reduced or waived by the Department of Taxation, attach a copy of the approved Form N-288B. If one or
more of the transferors/sellers are exempt from the withholding and you are
issuing the exempt transferor/seller Form N-288A, attach a copy of the exempt transferor/seller’s Form N-289. If the transferor/seller is a partnership,
an S corporation, or a trust or estate, please attach a schedule showing
the name, identification number, and amount of the withholding allocated
to each partner or member, S corporation shareholder, or beneficiary of
the trust or estate. For trusts and final-year estates, this schedule does not
replace the election that needs to be made on Form N-40T.
Box 6 — Enter the transferor/seller’s business name.
Box 6a — Enter the transferor/seller’s federal employer identification number (FEIN). If the transferor/seller is a single member LLC that has not elected to be taxed as a corporation, and the only member is an individual, enter
the social security number of the individual in box 7a. If the transferor/seller
is a revocable living trust, or any other trust in which an individual is treated
as the owner of the trust, enter the social security number of the individual
in box 7a. For all other trusts and estates, enter the federal employer identification number of the trust or estate in box 6a.
Box 7 — Enter the transferor/seller’s name.
Box 7a — Enter the transferor/seller’s social security number (SSN).
Box 8 — Enter the transferor/seller’s street address.
Box 9 — Enter the transferor/seller’s City or Province, State, Postal/ZIP
code and Non U.S.A. County (if applicable).
NOTE: If your mailing address has changed, you must notify the Department of the change by completing Form ITPS-COA, Change of Address
Form. Failure to do so may delay any important notices or correspondence
to you.
Box 10 — Enter the transferee/buyer’s name.
Box 11 — Enter the transferee/buyer’s FEIN. If the transferee/buyer is a
single member LLC that has not elected to be taxed as a corporation, and
the only member is an individual, enter the social security number of the
individual in box 13. If the transferor/seller is a revocable living trust, or any
other trust in which an individual is treated as the owner of the trust, enter
the social security number of the individual in box 13. For all other trusts
and estates, enter the federal employer identification number of the trust or
estate in box 11.
Box 12 — Enter the transferee/buyer’s street address.
Box 13 — Enter the transferee/buyer’s social security number (SSN).
Box 14 — Enter the transferee/buyer’s City or Province, State, Postal/ZIP
code and Non U.S.A. County (if applicable).
NOTE: If your mailing address has changed, you must notify the Department of the change by completing Form ITPS-COA, Change of Address
Form. Failure to do so may delay any important notices or correspondence
to you.

For definitions and rules, see the Instructions for Form N-288.

FORM

N-288A

STATE OF HAWAII—DEPARTMENT OF TAXATION

(REV. 2023)

Statement of Withholding on
Dispositions By Nonresident Persons
of Hawaii Real Property Interests

1.	 Description and Location of Property
Transferred (Include tax map key number)

4.	 Transferor/Seller is an: 		Individual or RLT	

	Corporation	

	S corporation	

THIS SPACE FOR DATE RECEIVED STAMP

Calendar
Year

Copy C

2024

For Transferee’s/Buyer’s
Records.

2.	 Transferor/Seller’s Share of
Amount Realized

3.	 Date of Transfer OR
 Installment Payment Date

5.	 Transferor/Seller’s Hawaii Income Tax Withheld

	Partnership
	Trust or Estate

6.	 Transferor/Seller’s Business Name					

6a.	Transferor/Seller’s FEIN

7.	 Transferor/Seller’s First Name	

7a.	Transferor/Seller’s SSN

M.I.	

Last Name	

	

Suffix	

Postal/ZIP code	

Non U.S.A. Country

8.	 Transferor/Seller’s Street Address

9.	 City or Province	

State	

10.	 Transferee/Buyer’s Name

11. Transferee/Buyer’s FEIN

12.	 Transferee/Buyer’s Street Address

13. Transferee/Buyer’s SSN

14.	 City or Province	

State	

Postal/ZIP code	

Non U.S.A. Country

THIS FORM IS TO BE USED FOR TRANSFERS OR PAYMENTS MADE IN 2024 ONLY.
		
FORM N-288A (REV. 2023)

INSTRUCTIONS FOR FORM N-288A

References to “married” and “spouse” are also references to “in a civil union” and “civil union partner,” respectively.
Prepare Form N-288A for each nonresident transferor/seller subject to
withholding. If two or more nonresident transferors/sellers jointly transfer
a Hawaii real property interest, prepare a separate Form N-288A for each
nonresident transferor/seller.
A separate Form N-288A should also be prepared for both taxpayer and
spouse whether or not they will be filing a joint return for the year in which
they transferred their Hawaii real property interest. Attach Copy A of Form(s)
N-288A and your check or money order to Form N-288.

Joint Transferors/Sellers

If one or more nonresident persons and one or more resident persons jointly transfers Hawaii real property interest, first, determine the amount subject
to withholding by allocating the amount realized from the transfer among
the transferors/sellers based on their capital contribution to the property.
For this purpose, a taxpayer and spouse are treated as having contributed
50% each. Second, withhold on the total amount allocated to nonresident
transferors/sellers. Third, credit the amount withheld among the nonresident transferors/sellers as they mutually agree. The transferors/sellers must
request that the withholding be credited as agreed upon by the 10th day
after the date of transfer. If no agreement is reached, credit the withholding
by evenly dividing it among the nonresident transferors/sellers.

Line by line instructions

Box 1 — Enter a description of the property including its location and the
nature of any substantial improvements, such as an apartment building or
warehouse. Include the tax map key.
Box 2 — Enter the amount realized by the transferor/seller whose name
appears on this form. If the transferor/seller is reporting the gain under
the installment method, enter the principal portion of the total payments
for the year. The transferor/seller must provide written notification to the
transferee/buyer prior to the transfer date if the transferor/seller will elect
out of the installment method and report the gain in full in the year of sale.
If a transferee/buyer does not receive written notification, the transferee/
buyer shall assume that the transferor/seller will report the gain under the
installment method.
Box 3 — Enter the date of transfer. For payments on an installment sale,
enter the payment date of the installment and check the “Installment Payment Date” box.
Box 4 — Check the applicable box to indicate whether the transferor/seller
is an individual or revocable living trust, a partnership, a corporation, an S
corporation, or trust (including an irrevocable trust) or estate. If the transferor/seller is an LLC that files a partnership return, check the box for a partnership. If the transferor/seller is a single member LLC that has not elected
to be taxed as a corporation, and the only member is an individual, check
the box for an individual. If the transferor/seller is a revocable living trust,
or any other trust in which an individual is treated as the owner of the trust,
check the box for an individual or revocable living trust. For all other trusts
and estates, check the box for a trust or estate.
Box 5 — Enter the Hawaii income tax withheld by the transferor/seller
whose name appears on this form. If there are two or more nonresident
transferors/sellers, indicate the respective amounts withheld for each nonresident transferor/seller on a separate Form N-288A. If the amount required to be withheld has been waived or exempted, enter zero (0). If the

amount required to be withheld has been reduced or waived by the Department of Taxation, attach a copy of the approved Form N-288B. If one or
more of the transferors/sellers are exempt from the withholding and you are
issuing the exempt transferor/seller Form N-288A, attach a copy of the exempt transferor/seller’s Form N-289. If the transferor/seller is a partnership,
an S corporation, or a trust or estate, please attach a schedule showing
the name, identification number, and amount of the withholding allocated
to each partner or member, S corporation shareholder, or beneficiary of
the trust or estate. For trusts and final-year estates, this schedule does not
replace the election that needs to be made on Form N-40T.
Box 6 — Enter the transferor/seller’s business name.
Box 6a — Enter the transferor/seller’s federal employer identification number (FEIN). If the transferor/seller is a single member LLC that has not elected to be taxed as a corporation, and the only member is an individual, enter
the social security number of the individual in box 7a. If the transferor/seller
is a revocable living trust, or any other trust in which an individual is treated
as the owner of the trust, enter the social security number of the individual
in box 7a. For all other trusts and estates, enter the federal employer identification number of the trust or estate in box 6a.
Box 7 — Enter the transferor/seller’s name.
Box 7a — Enter the transferor/seller’s social security number (SSN).
Box 8 — Enter the transferor/seller’s street address.
Box 9 — Enter the transferor/seller’s City or Province, State, Postal/ZIP
code and Non U.S.A. County (if applicable).
NOTE: If your mailing address has changed, you must notify the Department of the change by completing Form ITPS-COA, Change of Address
Form. Failure to do so may delay any important notices or correspondence
to you.
Box 10 — Enter the transferee/buyer’s name.
Box 11 — Enter the transferee/buyer’s FEIN. If the transferee/buyer is a
single member LLC that has not elected to be taxed as a corporation, and
the only member is an individual, enter the social security number of the
individual in box 13. If the transferor/seller is a revocable living trust, or any
other trust in which an individual is treated as the owner of the trust, enter
the social security number of the individual in box 13. For all other trusts
and estates, enter the federal employer identification number of the trust or
estate in box 11.
Box 12 — Enter the transferee/buyer’s street address.
Box 13 — Enter the transferee/buyer’s social security number (SSN).
Box 14 — Enter the transferee/buyer’s City or Province, State, Postal/ZIP
code and Non U.S.A. County (if applicable).
NOTE: If your mailing address has changed, you must notify the Department of the change by completing Form ITPS-COA, Change of Address
Form. Failure to do so may delay any important notices or correspondence
to you.

For definitions and rules, see the Instructions for Form N-288.