Mortgage California Regarding Withholding
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FAQ
Withholding is required when the combined sales price of all parcels exceeds $100,000, even though the sales price of each separate parcel in the same escrow transaction is under $100,000. Example: Three properties (parcels) are sold within the same escrow agreement.
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.
State withholding is money that is withheld and sent to the State of California to pay California income taxes. It pays for state programs such as education, health and welfare, public safety, and the court justice system. California's elected representatives also meet every year to decide how this money will be spent.
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.
For the State, the law is written such that all real property being sold requires the payment of tax at the close of escrow in an amount equal to 3.33% of the Sales Price. An Alternative Calculated Amount can also be used.