Vacant Land Real Estate Withholding
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FAQ
Any time you sell or exchange capital assets, such as stocks, land, and artwork, you must report the transaction on your federal income tax return. In order to do so, you'll need to fill out Form 8949: Sales and Other Dispositions of Capital Assets.
Real estate withholding is a prepayment of taxes. It is not an additional tax. Who is responsible for withholding? The law holds the buyer (called the transferee) responsible for withholding. In most real estate transactions, the escrow holder transmits the tax to the Franchise Tax Board.
» California Real Estate Withholding is prepayment of estimated income tax due the State of California on gain from the sale of California real property. If the amount withheld is more than the income tax liability, the state will refund the difference when you file a tax return for the taxable year.
Any person who withheld on the sale or transfer of California real property during the calendar month must file Form 593 to report, and Form 593-V to remit the amount withheld. Normally, this will be the title company, escrow company, intermediary, or accommodator.
The withholding is 3 1/3% (. 0333) of the down payment during escrow. Buyers/Transferees are required to withhold on the principal portion of all payments made following the close of the real estate transaction unless an approval letter for the elect-out method is received.