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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.
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.
A: Form 593 imposes a withholding obligation on the buyer. The buyer is responsible for withholding a portion of the total sales price and remitting it to the California Franchise Tax Board (FTB).
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.
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. If this is an installment sale payment after escrow closed, the buyer/transferee is the responsible person.
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Withholding amount: The standard Withholding Amount is 3.33% of the Sale Price.
A Withholding Statement is an essential document that often accompanies Forms W-8IMY, depending on the status selected. A withholding statement details the underlying beneficial owners of the income and the corresponding information regarding the allocation of the payment.

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