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Real estate withholding is required on the sale of CA real property held by a trust unless the trust can qualify for an exemption on Form 593. There are two types of trusts; a grantor and a nongrantor trust.
It is your obligation to file a California tax return, pay any tax due and claim any real estate withholding payment on your California tax return. » The standard withholding is 3.3% of the purchase price of the property, in accordance with California Revenue and Taxation Code Section 18662.
Payments subject to withholding include: Payments to nonresident independent contractors who provide services in California. Other non-wage payments of California source income to nonresidents such as leases, rents, royalties, winnings and payouts.
California law requires withholding when a person (an individual, business entity, trust, or estate) sells California real property unless the seller qualifies for an exemption.
Who Must File. A seller/transferor that qualifies for a full, partial, or no withholding exemption must file Form 593. Any remitter (individual, business entity, trust, estate, or REEP) who withheld on the sale/transfer of California real property must file Form 593 to report the amount withheld.
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Buyers must withhold 3 1/3 percent of the gross sales price on sales of California real property interests from both individuals (e.g., "natural" persons) and non-individuals (e.g., corporations, trusts, estates) and pay this amount to the Franchise Tax Board (FTB).
A seller/transferor that qualifies for a full, partial, or no withholding exemption must file Form 593. Any remitter (individual, business entity, trust, estate, or REEP) who withheld on the sale/transfer of California real property must file Form 593 to report the amount withheld.
Purpose of Form: Unless you elect otherwise, state law requires that California Personal Income Tax (PIT) be withheld from payments of pensions and annuities.
Your payer must take 7% from your California income. Backup withholding: Replaces all other types of withholding. Cannot be reduced or waived.
Any person who withheld on the sale or transfer of California real property during the calendar month must file Form 593 to report, and Form 593-V to remit the amount withheld. Normally, this will be the title company, escrow company, intermediary, or accommodator.

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