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Use Form 587, Nonresident Withholding Allocation Worksheet, to determine if withholding is required and the amount of California source income subject to withholding. Withholding is not required if payees are residents or have a permanent place of business in California.
» 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.
Domestic nonresident partners are calculated a withholding tax of 7.0% of distributions, corporations have a 8.84% withholding rate, and nonresident foreign partners calculate a withholding tax of 12.3% of income.
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.
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.