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If you do not have Form 593 with the correct year, go to ftb.ca.gov to get the correct form. Identification Numbers Check to see that the withholding agents and sellers identification numbers are correct and listed in the same order as the names.
Purpose. Use Form 593: Certify the seller/transferor qualifies for a full, partial, or no withholding exemption. Estimate the amount of the sellers/transferors loss or zero gain for withholding purposes and to calculate an alternative withholding calculation amount.
The amount sent to the Franchise Tax Board is a prepayment of income tax due on the gain. This means that to get the money back the Seller must file their income tax return at the end of the fiscal year and include a copy of the 593 Form that the Settlement Agent provides at closing.
In order to claim exemption from state income tax withholding, employees must submit a W-4 or DE-4 certifying that they did not have any federal tax liability for the preceding year and that they do not anticipate any tax liability for the current taxable year.
You do not have to withhold tax if the CA real property is: $100,000 or less. In foreclosure. Seller is a bank acting as a trustee.
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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.
Withholding amount: The standard Withholding Amount is 3.33% of the Sale Price.

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