Rate Commercial Real Estate Withholding
Description
How to fill out California Installments Fixed Rate Promissory Note Secured By Commercial Real Estate?
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FAQ
California withholding is reported on Form 540/540NR either as real estate and other withholding (Form 540, line 73 or Form 540NR, line 83), representing withholding reported via Forms 593 or 592-B or as California income tax withheld (Form 540, line 71 or Form 540NR, line 81), representing all other sources of ...
Real estate withholding is a prepayment of income tax due from the selling of California land or anything on it (real property). Examples of real property: Vacant land. Buildings.
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.
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.
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.