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A grantor is the person who created the trust and controls the trust assets. The grantor reports the real estate sale and claims the withholding on their tax return. Unless the grantor qualifies for an exemption, complete Form 593 using the grantor's information.
Withholding Requirement As the buyer, California law requires you to withhold on the sale of California real estate, unless a QI is involved in a deferred like-kind exchange.
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.
The IRS requires buyers to withhold tax from property sold by nonresident aliens at a rate of 10 per- cent (IRC Sec. 1445). California's 3-1/3 percent with- holding requirement applies to both foreign and domestic nonresidents of California.
Purpose. Use Form 593: Certify the seller/transferor qualifies for a full, partial, or no withholding exemption. Estimate the amount of the seller's/transferor's loss or zero gain for withholding purposes and to calculate an alternative withholding calculation amount.
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Use Form 592-B to report to the payee the amount of payment or distribution subject to withholding and tax withheld as reported on Form 592, Resident and Nonresident Withholding Statement, Form 592-PTE, or Form 592-F, Foreign Partner or Member Annual Withholding Return.
To amend Form 593: Complete a new Form 593 with the correct information. Check the "Amended" box at the top of the form. Include a letter explaining what changes were made and why. Mail the amended form and letter to: FRANCHISE TAX BOARD. PO BOX 942867. SACRAMENTO CA 94267-0651.
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.
Use Form 593-V, Payment Voucher for Real Estate Withholding, to remit real estate withholding payments to the Franchise Tax Board (FTB) whether Form(s) 593, Real Estate Withholding Statement, is submitted electronically or by mail. Use the voucher below to remit payment by check or money order only.
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.

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