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This form is used to determine if a seller qualifies for a full or partial exemption from real estate withholding when selling property in California.
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How to fill out real estate withholding certificate

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How to fill out Real Estate Withholding Certificate

01
Obtain the Real Estate Withholding Certificate form from the official tax website or relevant local authority.
02
Complete the seller's information section including name, address, and identification number.
03
Fill out the property details, including the address and date of sale.
04
Indicate the reason for the withholding and any applicable exemptions.
05
Calculate and enter the amount of withholding tax based on the sale price.
06
Sign and date the form to certify the information provided is accurate.
07
Submit the completed Real Estate Withholding Certificate to the relevant tax authority.

Who needs Real Estate Withholding Certificate?

01
Sellers of real estate in certain jurisdictions who are subject to withholding tax requirements.
02
Real estate agents or brokers involved in the sale transactions.
03
Buyers who may need to comply with withholding requirements as part of the closing process.
04
Any party required by law to report and remit withholding tax on real estate sales.
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An example of a FIRPTA affidavit clause Here's how a FIRPTA affidavit clause might appear in a real estate transaction agreement: "Seller hereby certifies that they are not a foreign person, as defined by the Foreign Investment in Real Property Tax Act (FIRPTA).
A foreign seller can escape FIRPTA if: ⇒ The buyer signs an affidavit, confirming that he or she will use that property as their main residence for the minimum period of 2 years after the sale. A foreign seller can reduce the FIRPTA withheld amount if they apply for a Withholding Certificate (Form 8288-B).
To apply for a FIRPTA Withholding Certificate, the primary form required is Form 8288-B, and additional forms such as Form 2848 (Power of Attorney) or Form W-7 (for obtaining an ITIN) may be necessary based on the circumstances.
Inputs for CA Form 593, Real Estate Withholding, is located in two places in the Individual module of Lacerte: Screen 55.012, California Withholding. This is for general entries that aren't related to dispositions entered on Screen 17. Screen 17.1, Dispositions. This is for amounts reported from a disposition.
Seller shall provide a completed affidavit to the qualified substitute, who will furnish a statement (C.A.R.
The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests.
» 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.
To apply for a FIRPTA Withholding Certificate, the primary form required is Form 8288-B, and additional forms such as Form 2848 (Power of Attorney) or Form W-7 (for obtaining an ITIN) may be necessary based on the circumstances.

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The Real Estate Withholding Certificate is a form used in real estate transactions to report the sale and ensure the payment of required withholding taxes on the sale of a property, typically when a seller is a non-resident.
Sellers of real estate who are non-residents or entities not located in the state where the property is sold are required to file the Real Estate Withholding Certificate to report the sale and withhold the necessary taxes.
To fill out the Real Estate Withholding Certificate, sellers must provide details such as names, addresses, federal identification numbers, property information, sale price, and any exemptions that apply to withholding.
The purpose of the Real Estate Withholding Certificate is to collect tax from the sale of real estate by withholding an amount from the seller's proceeds, ensuring that taxes owed are paid to the state.
The information that must be reported includes the seller's name and address, seller's identification number, property address, sale price, and details regarding any exemptions or reductions applied to the withholding.
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