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In the vast majority of transactions, this is handled by the escrow. If the seller cannot qualify for an exemption, then the buyer must withhold.
California has nine tax brackets ? 1%, 2%, 4%, 6%, 8%, 9.3%, 10.3%, 11.3% and 12.3%. A single filer can expect to pay 12.3% on capital gains over $599,013, while a married couple filing jointly can expect to pay 12.3% on capital gains over $1,198,025.
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.
In California, capital gains from the sale of a house are taxed by both the state and federal governments. The state tax rate varies from 1% to 13.3% based on your tax bracket. The federal tax rate depends on whether the gains are short-term (taxed as ordinary income) or long-term (based on the tax bracket).