In theory, yes. You can file a Form 843 (Claim for Refund), together with a Form 8288-B, to show the estimated tax on the sale. This is the IRS’s official process for obtaining an early refund of FIRPTA withholding. However, the IRS takes a long time to process these requests. Depending on the time of year, you may receive the refund faster if you wait until the filing season opens (late January) and just file a tax return (Form 1040NR) to report the sale and request a refund.
We help you weigh the considerations so you can choose the option with the best chance of getting your money back as quickly as possible. Then, we prepare the appropriate forms (Forms 843 and 8288-B or Form 1040NR) to support your case.
