Capital gain tax for non US citizen living outside the U.S

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I am a non-U.S. citizen living outside the U.S. and I have never lived in the US.
I used to hold shares in the US as part of an Employee Stock Purchase Plan from 2001 work in Ireland. I left the company in 2002.
In 2011 the company merged and the shares have been converted into cash. Federal Income Tax Withheld has retained 28% of the value.

Is there any posibility to claim back any of this tax paid? Is this 28% the correct tax? Should I paid this in the US or in my home country (Spain)?
 
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Dec 16, 2012
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Yes; you should receive a W-2 or 1042-S form in January and then file a 1040NR US income tax return for 2012.
 

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