NR Canadian sold Rental property

[vegasbillea]

Need some help in understanding the tax form needed when a NR Canadian sold rental property. I have reviewed instructions for form 8288 and 8288-A/B/C plus notice 2018-29.
The NR is an individual entity, question I have concerns the form 8288 and 8288-A as to who prepares the form. It would appear the title company should, I just wanted to make sure if that is correct.
This is the first time I've had to confront this situation. NR Client has been filing 1040-NR for several years and now he has disposed of his rental. Just like some advise and comments from the tax professionals who have done this before.\
Please stay safe and healthy.

[mhcpa1964]

The title company. My understanding is Form 8288 is applicable if any money is withheld from the seller (the NR) by the title company. I also believe that if the rental property is being treated as a trade or business, which it likely is if you're handling their NR returns, then nothing needs to be withheld at closing. In other words, if the unit was treated as a business then the title company does not need to withhold (which means no 8288) and the opposite is true.

[vegasbillea]

Thank you for the reply mccpa.
I was not aware of the trade or business being exempt from the withholding, I've read Pub 515 (page 47) Instructions form 8288 and did not discover the business or trade withholding not needed.
Your time to response and information give is very much appreciated.
Stay safe and healthy.