FIRPTA Gone Wrong: Misapplied Payments and Practitioner Response
FIRPTA withholding is often straightforward in theory—but in practice, it frequently breaks down. Payments are misapplied, Forms 8288 and 8288-A are processed incorrectly or delayed, and practitioners are left trying to reconcile transactions that no longer match IRS records. When this happens, the issue is no longer compliance—it is resolution.
This program focuses on how practitioners respond when FIRPTA withholding goes wrong. Participants will review the core framework under IRC §1445, including withholding requirements, reporting obligations, and the roles of the parties involved in a transaction. The emphasis, however, is on real-world problems: identifying misapplied or missing payments, understanding why these issues occur, and determining how to fix them.
The program will walk through practical strategies for tracing payments, resolving discrepancies with the IRS, and reconstructing transaction records when documentation is incomplete. Participants will also learn how to manage client expectations, coordinate with withholding agents and closing professionals, and address delays in processing Forms 8288-A.This is a practical, problem-focused program designed for practitioners who are dealing with FIRPTA issues after the transaction has closed and the numbers do not tie.
Learning Objectives (NASBA)
Upon completion of this program, participants will be able to:
-Identify FIRPTA withholding requirements under IRC §1445, including the roles of withholding agents and reporting obligations.
-Determine common causes of misapplied or uncredited FIRPTA payments and recognize discrepancies in Forms 8288 and 8288-A processing.
-Apply procedures for tracing and reconciling FIRPTA withholding payments with IRS records.
-Evaluate available corrective actions and strategies for resolving payment issues with the IRS.
-Assess practitioner responsibilities in managing documentation, client communication, and coordination with third parties during FIRPTA issue resolution.
Only available for TPP unlimited CE subscribers.
"Our best deal is always to become a monthly subscriber"
*Self-Study recording not available for NASBA CPE credit.
IRS Program #: 7Q3WU-T-00888-26
CTEC Course #: 6248-CE-00234
Rita Ryan
,
Esq., LLM
Rita Ryan is the Founder of RRITS and a seasoned Tax Attorney with more than 18 years of experience advising clients on cross-border personal/business taxation, international investment structuring, multi-jurisdictional estate planning, and U.S. tax compliance obligations arising from global activities and holdings. She is widely regarded for her ability to navigate complex international tax regimes and translate evolving regulatory requirements into practical, strategic guidance.
In addition to her client-facing work, Rita serves as a trusted advisor to fellow tax professionals, providing specialized support in identifying international reporting obligations, advising on complex filings, and reviewing workpapers and forms to ensure technical accuracy in an increasingly dynamic international compliance environment.
Prior to founding RRITS, Rita served as Chief Financial Officer and Head of Private Client Services at M+, where she focused on integrated tax, business, and wealth preservation planning for high-net-worth business owners and their families. Earlier in her career, she founded and led Wolf & Co.’s International Tax Services Practice, advising both individuals and entities on the tax planning and compliance aspects of international ownership structures. Rita began her legal career in private practice as an Associate Attorney at Vacovec, Mayotte & Singer, LLP, concentrating on international and domestic taxation, estate planning, and tax controversy matters.
Rita is also an Adjunct Professor in the Graduate Tax Program at Boston University School of Law, where she co-founded and co-teaches the course Foreign Information Reporting and Withholding. In addition, she regularly teaches advanced international tax topics for Tax Practice Pros, LumiQ, and the National Association of Enrolled Agents, contributing to the education of practitioners nationwide.
Recommended Webinars
2024 Tax Controversy Seminar Series
Varies
This on-demand webinar series covers criminal tax, IRS collections, international reporting, tax controversies, AI in tax practice, and entertainment industry taxation, equipping professionals with practical strategies for compliance, dispute resolution, and risk management
FBAR Rescue & 8938 Reasons to File
2 IRS CE/2 CTEC/2 NASBA CPE*
Taxpayers with foreign financial assets may be required to file both the Foreign Bank Account Report (FBAR) and Form 8938 (Statement of Specified Foreign Financial Assets)—but understanding when and how to file can be complex. This webinar guides tax professionals through the key differences, filing thresholds, penalties, and reporting obligations for each form. Learn how to determine filing requirements, avoid common compliance pitfalls, and effectively advise clients with international financial interests. Ensure your clients stay compliant and mitigate risks with a clear understanding of these critical reporting requirements. Only available for TPP unlimited CE subscribers.
International Tax Controversies: Challenges & Strategies - 2025
4 Free NY & NJ CLE, CPE and 4 IRS CE/4 NASBA CPE Credits
This in-depth program provides comprehensive coverage of the tax implications for U.S. taxpayers with foreign income and assets. Participants will explore the complexities of reporting foreign income, compliance requirements for foreign asset disclosure, and strategies for minimizing tax liabilities under international tax treaties. The program addresses key areas such as the Foreign Account Tax Compliance Act (FATCA), the Foreign Bank and Financial Accounts (FBAR) reporting, and the taxation of foreign trusts. It also includes a discussion on the tax treatment of foreign earned income and the benefits of the Foreign Earned Income Exclusion (FEIE) and Foreign Tax Credit (FTC). The session features practical examples and case studies to help attendees navigate the intricacies of international taxation effectively and ensure compliance with both U.S. and foreign tax laws.
Form 3520: Foreign Trust and Receipt of Certain Foreign Gifts
2 IRS CE/2 NASBA CPE*
This webinar equips tax professionals to navigate complex IRS rules for foreign trusts and gifts, covering Form 3520/3520-A compliance, trust classification, reporting thresholds, tax implications, and penalties to ensure accurate international tax reporting.
Form 3520: Foreign Trust and Receipt of Certain Foreign GiftsC Corp Starter Kit: Reasonable Comp, Reimbursements, and Real-World Compliance
2 IRS CE/2 CTEC/2 NASBA CPE
This course provides tax professionals with practical guidance on C corporation compliance, tax planning, and savings strategies, covering shareholder loans, compensation, benefits, Section 1202 (QSBS) planning, S-corp conversions, and best practices to optimize tax outcomes while avoiding pitfalls.
C Corp Starter Kit: Reasonable Comp, Reimbursements, and Real-World ComplianceSeton Hall’s 11th Annual New Jersey Tax Controversy Forum
4 Free NY & NJ CLE, CPE/NASBA CPE Credits
This webinar provides New Jersey tax professionals with updates on audits, tax controversies, CBT, GIT, SUT, collections strategies, SALT issues, and more.
Seton Hall’s 11th Annual New Jersey Tax Controversy ForumNew Jersey Tax Update for 2025 Returns
1 NASBA/1Texas CPE
Join Kathryn in a review of the changes to New Jersey taxes this year. With the season opening up, this is a key time to make sure you have your states covered.
New Jersey Tax Update for 2025 ReturnsFederal Disaster Loss Update
2 IRS CE
This webinar explains the 2026 federal disaster bill (H.R. 1491), covering extended refund claim deadlines, disaster-related tax postponements, suspended IRS collection letters, and implications for amended returns.
Federal Disaster Loss UpdateInterest Tracing Rules: You Can’t Deduct What You Can’t Trace
1 IRS CE/1 CTEC/1 NASBA CPE
This webinar covers IRS interest tracing rules, teaching tax professionals how to accurately determine deductible investment interest and avoid costly errors on client returns.
Interest Tracing Rules: You Can’t Deduct What You Can’t TraceSplitting the Baby: Head of Household Status
2 IRS/2 CTEC CE/2 NASBA
This webinar clarifies the Head of Household filing status, reviewing IRS requirements, common tricky scenarios, and the implications of incorrect claims for accurate tax reporting.
Splitting the Baby: Head of Household StatusEmployment Tax Controversies—Part I
3 Free NY & NJ CLE, 3 CPE and 3 IRS CE/NASBA CPE Credits
This webinar helps tax professionals navigate IRS worker classification rules, covering independent contractor vs. employee distinctions, trust fund recovery penalties, Form SS-8 preparation, and strategies for representing both employers and employees, with opportunities for pro bono case involvement.
Employment Tax Controversies—Part I
Hmm...nothing here yet.
