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Use Form 540NR if either you or your spouse/RDP were a nonresident or part-year resident in tax year 2022. If you and your spouse/RDP were California residents during the entire tax year 2022, use Form 540, California Resident Income Tax Return, or 540 2EZ, California Resident 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.
As a nonresident, you pay tax on your taxable income from California sources. Sourced income includes, but is not limited to: Services performed in California. Rent from real property located in California.
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 Residency Determination A California resident (for tax purposes) is an individual who is: (i) in California for other than a temporary or transitory purpose or (ii) "domiciled" in California, but who is outside of California for a temporary or transitory purpose.