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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.
Selling expenses include commissions, advertising fees, legal fees, and loan charges that will be paid by the seller/transferor, such as loan placement fees or points.
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.
You qualify for a withholding exemption if you last used the property as your principal residence without regard to the two-year time period (for withholding purposes only). If the sale does not qualify for a principal residence exemption, report the gain on your federal and California income tax returns.
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.
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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.
During escrow, the remitter would be the REEP as they are the one submitting the payment and Form 593. The remitter is the person who will remit the tax withheld on any disposition from the sale or exchange of CA real estate and file the prescribed forms on the buyer's/transferee's behalf.
Yes. The seller will be required to complete and sign, under penalty of perjury, Franchise Tax Board form 593C. If the seller is claiming a loss, the seller will also be required to complete Franchise Tax Board form 593E.
Selling expenses include commissions, advertising fees, legal fees, and loan charges that will be paid by the seller/transferor, such as loan placement fees or points.

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