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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.
For the State, the law is written such that all real property being sold requires the payment of tax at the close of escrow in an amount equal to 3.33% of the Sales Price. An Alternative Calculated Amount can also be used.
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.
Heres a refresher. If you profit from the sale of your primary residence, its considered capital gain, and the federal government taxes this as though its income. However, singles may qualify for up to $250,000 or those joint filing up to $500,000 in tax exclusions.
The IRS requires 15% of the sales price be withheld on the sale of United States real property interests by foreign persons (on sales above $1,000,000), and either 15% or 10% on sales between $300,001 and $1,000,0000, and either 15% or $0 for sales of $300,000 and under.
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The standard withholding is 3.33% of the Sales Price. Sellers can pay more, but not less unless they take advantage of Part VI and request an Alternative Amount, like 12.3% on the gain amount for an individual or 8.84% or 13.8% for a corporation, depending on the type of corporation.
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.
For distributions before Feb. 17, 2016, the corporation generally must withhold 10% of the amount realized by a foreign person. For distributions after Feb. 16, 2016, the rate increases to 15%.

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