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California Withholding

 

From FTB Website:

 

                PDF chart of new rules for 2005 sales.

 

 

Sale of California Real Estate
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California law requires withholding of 3 1/3 percent of the total sales price on sales of California real property. The seller may be exempt from withholding if they certify and meet an exemption. We have put together some information to help you understand California's withholding requirements.

There is no waiver process for individual sellers. Refer to Form 593-C to see if you qualify for an exemption.

For non-individual sellers (such as business entities, estates, irrevocable trusts and others), the Franchise Tax Board processes waiver requests (Form 593-W) for nonresident sellers of California real estate when the total sale price exceeds $100,000 and the 3 1/3 percent withholding exceeds the estimated tax liability.

 

 

 

 

 

New Withholding Forms (from FTB Newsletter):

 

FTB issues new withholding forms for real estate sales

As a result of your feedback and suggestions we have developed new withholding forms for real estate sales closing in 2004 and made clarifying changes to some of the existing ones. The new forms are available on our Website, however, continue to use the 2003 forms for real estate sales closing in 2003.

New forms

The new forms will replace Form 597, Real Estate Withholding Tax Statement, which will change the remittance process from a transaction-by-transaction basis to one remittance for all withholding during the month. The new forms include:

1) Form 593, Real Estate Withholding Remittance Statement. Use this form:

  • To report and remit the total real estate withholding for the month.
     
  • To report and remit any interest assessed on late withholding payments for 2004.
     
  • As the transmittal form for Form 593-B, Real Estate Withholding Tax Statement.

2) Form 593-B, Real Estate Withholding Tax Statement. Use this form to report the real estate withholding for each seller. Form 593-B is similar to Form 597; however, we added new fields to aid in the computation of the withholding amount. Also, the instructions are expanded to include instructions on regular sales, exchanges, and installment sales.

This new remittance process allows escrow and exchange companies to generally send one (1) payment after the close of the month with one (1) Form 593 and with all the Form 593-Bs for the month attached. Before using these new forms, please be sure to read the instructions carefully.

Significant form updates

On Form 593-C, Real Estate Withholding Certificate for Individual Sellers, we deleted language pertaining to exemptions for sales of $100,000 or less. Such sales are automatically exempt from withholding, and the law does not require certification for the exemption.

On Form 593-W, Real Estate Withholding Exemption Certificate and Waiver Request for Non-Individual Sellers, we deleted language pertaining to exemptions for sales of $100,000 or less, and sales by a bank or a bank acting as a fiduciary for a trust. Such sales are automatically exempt from withholding, and the law does not require certification for the exemption.

We simplified Form 593-L, Real Estate Withholding-Computation of Gain or Loss by making some of the entries optional (See Form 593-C/Form 593-L Booklet).

 

 

 

 

 

 

 

 
 

 

This page was most recently updated
Tuesday January 25, 2005 06:51 PM
Ozarks time by KMK

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Last Modified : 01/25/05 06:51 PM

Tax Free Exchange Corporation

11802 Deer Road

Harrison, AR  72601-6550

 

E-Mail: TaxFree@tfec.com