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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.
» 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.
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.
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.
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.