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A partnership (including REMICs classified as partnerships) that engages in a trade or business in California or has income from a California source must file Form 565.
» The standard withholding is 3.3% of the purchase price of the property, in ance with California Revenue and Taxation Code Section 18662. Form 593-C will be provided with your escrow instructions. The seller should carefully fill out the form to see if any exemptions apply.
The withholding is really a deposit towards the tax that will be due once the seller files a return. It is computed based on an arbitrary number ? 3.33% of the sales price ? rather than the amount of tax that will actually be due based on the gain.
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). The seller then claims this withheld amount as a credit when filing their state income tax return.
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.