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» California Real Estate Withholding is prepayment of estimated income tax due the State of California on gain from the sale of California real property. If the amount withheld is more than the income tax liability, the state will refund the difference when you file a tax return for the taxable year.
» California Real Estate Withholding is prepayment of estimated income tax due the State of California on gain from the sale of California real property. If the amount withheld is more than the income tax liability, the state will refund the difference when you file a tax return for the taxable year.
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.
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.
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 ...