Buy Sell Agreement California Withholding

State:
California
Control #:
CA-P067-PKG
Format:
Word; 
Rich Text
Instant download

Description

With this Buy-Sell Agreement Package, you will find the forms that are necessary for a future sale of a partner’s or shareholder's interest. In a buy-sell agreement, the party contractually limits his or her ability to dispose of his or her interest in the partnership or corporation to the terms of the agreement, and control of the partnership or corporation may be assured.


Included in your package are the following forms:


Buy-Sell Agreement Between Shareholders of Corp


Buy-Sell Agreement Between Partners of Partnership


Non-Compete Agreement Between Buyer and Seller


Buy-Sell or Stock Purchase Agreement Covering Common Stock in a Closely Held Corporation with an Option to Fund the Purchase Through Life Insurance


Buy-Sell Clauses and Related Material


Detailed information on forms included:


Buy-Sell Agreement Between Shareholders of Corp. - The purpose of this agreement is to provide for the sale by a stockholder during his/her lifetime, or by a deceased stockholder's estate, and to provide all or a substantial part of the funds for the purchase. The form contains the following provisions: total value of the capital stock, procedure upon the death of a stockholder, and amending procedures for the agreement.


Buy-Sell Agreement Between Partners of Partnership - This form is an agreement in which the partners are engaged in a particular business and the purpose of this agreement is to provide for the sale by a partner during a partner's lifetime, or by a deceased partner's estate, of his interest in the partnership, and for the purchase of such interest by the partnership at a price fairly established, and to provide all or a substantial part of the funds for the purchase.


Non-Compete Agreement Between Buyer and Seller- In this form, the seller and purchaser agree not to compete with each other in the specified industry and territory for a certain time period. The form is designed to be adapted to fit your particular needs.


Buy-Sell Clauses and Related Material - This form is a model adaptable for use in partnership matters, based on an example clause used by a 50-50 general partnership or limited liability company joint venture. Buy-sell device includes an auction procedure. Adapt the form to your specific needs and fill in the information.


Buy-Sell or Stock Purchase Agreement Covering Common Stock in a Closely Held Corporation with an Option to Fund the Purchase Through Life Insurance- This form is set up as a Buy Sell Agreement between the Corporation and a key shareholder. It applies in the case of the death, disability, retirement or offer of shareholder to sell the stock during his lifetime.



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FAQ

A seller/transferor that qualifies for a full, partial, or no withholding exemption must file Form 593. 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.

The standard withholding is 3.33% of the Sales Price. Sellers can pay more, but not less unless they take advantage of Part VI and request an Alternative Amount, like 12.3% on the gain amount for an individual or 8.84% or 13.8% for a corporation, depending on the type of corporation.

If you meet one of these requirements for the tax year, you MUST file a California tax return. If you were: Single / Head of Household, under 65: w/ no dependents, CA gross income $19,310, CA AGI $15,448.

Your payer must take 7% from your California income. Backup withholding: Replaces all other types of withholding. Cannot be reduced or waived.

Send Form 592-V with a check or money order when you submit the nonresident or backup withholding amount on California source payments to us....Send us a timely Form 592-F, either electronically or by mail.List all payees withheld upon during the filing period.FTB credits the withholding to the payees' accounts.

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Buy Sell Agreement California Withholding