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In a nutshell, California law requires a buyer to withhold 3.33% of the sales price and send it to the Franchise Tax Board as a \u201cprepayment\u201d of the state tax a seller owes on the sale of real estate.
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.
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.
Purpose. Use Form 593, Real Estate Withholding Statement to: 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.
Purpose of Form: Unless you elect otherwise, state law requires that California Personal Income Tax (PIT) be withheld from payments of pensions and annuities.
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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.
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.
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.
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.
2019 Form 593-C - Real Estate Withholding Certificate.

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