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Tips on completing the 2017 593 Booklet Real Estate Withholding Franchise Tax

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Steps of Customizing the 2017 593 Booklet Real Estate Withholding Franchise Tax

hello and welcome to the Franchise Tax.Board newly updated form 593.presentation my name is Sonia Karamazov.I'm Chris Terry we will be your.presenters today we designed this.presentation to provide an overview on.our updated form 593 real estate.withholding statement agenda in today's.presentation we will cover our reason.for changing form 593 the key changes.from the regulation revision impacting.the form and give an overview of the new.form let's get started shall we.reason for change over the years we have.received many comments and critiques.from our stakeholders on our real estate.withholding program some of those.comments included the quantity of real.estate withholding forms because there.were so many forms it was confusing on.which to complete and when in an effort.to address concerns we decided to update.our regulations to simplify our process.regulation updates beginning on January.1 2020 forms 593 C 593 II and 593 I will.be removed and all vital information.from these forms will be added to form.593 by including all the information on.one form remit errs would eliminate the.need to submit multiple forms we will.define the term remit or later in the.presentation we have made the due dates.consistent regardless of the type of.transaction and whether it is going to.FTB or the seller the form is due the.twentieth day of the month following the.close of the transaction it is due to.FTB and the seller on or before that day.now that form 593 is combined this means.that all remit errs will be required to.submit a completed and signed copy of.form 593 to FTB even if the seller.qualifies for a full or partial real.estate withholding exemption the goal.here is one form one due date and.consistent filing to reduce confusion.here is the first side of our updated.form we highlighted some key areas that.were modified as you can see the first.side is a combination of our old version.of form 593 and Form 593 see we've.identified the parts with the old forms.name for your reference we will be.looking more closely at each part of the.form through our presentation.here we have site 2 which is a.combination informs 593 I and 593 II.again on the side we have labeled the.parts to identify the old form name.which is where the information came from.and here is the last page or side three.of our updated form this site is a.combination of forms by 93 E and 593 it.is also the part of the form where the.seller is required to sign to certify.that all the information is accurate a.new requirement on the form is the name.of the preparer of the forms as well as.the buyers signature in the event that.transaction is an installment sale as we.progress through the rest of the.presentation we are going to go over.each of the seven parts individually and.share any major changes part one remit.our information in part one we now ask.for the remoter type to be identified.but you may be asking what is a remit er.well it is anyone who is held on the.sale or transfer of California real.property and Remus or sends in the.payment to FTB it is often a real estate.escrow person also known as reap after.escrow closes or the buyer or transferee.in an installment sale the check boxes I.have just highlighted are where you.would select who you are as the remit er.a remit ER is often a reap but can also.be a qualified intermediary also known.as an accommodator a buyer or a.transferee the rest of the information.is standard demographic detail including.name address and phone part to sell or.transfer information part 2 asks for the.sellers or transfers information and is.completed by the seller or transfer we.still ask for the standard information.name and social security number or.business name and Fein address and.property address part 2 something new we.asked for when the seller or transfers a.trust is for the perimeter to identify.the trust type by checking the.appropriate box the type of trust.determines what information needs to be.completed in this part which we will.briefly cover in the next couple of.slides.if the seller is a grantor trust they.must select the appropriate trust type.enter the grand horse first name last.name and social security number so that.the form 593 is processed correctly.notice the first and last name field.says grant or next to it when reporting.a grantor trust do not include the trust.name and Fein only the individuals name.and SSN now if the seller is a.non-grantor trusts then they should.select a non grantor box complete the.business non-grantor trusts name field.along with the applicable identification.number Fein California corporation.number or California Secretary of State.file number when reporting as a.non-grantor trusts do not include any.individual detail or the trust name and.Fein another area of this box we would.like to point out is the ownership.percentage if the seller or transfer is.on title for incidental purposes such as.a cosigner on the home loan then they.would enter zero in the ownership.percentage field go to part 7 on side 3.complete the perjury statement and sign.and date the form another example is if.the property is a duplex and the owner.occupies one of two homes because the.owners principal residence is one of two.homes the owner would only be subject to.withholding on 50% of the property in.this scenario two four and five 93 s we.need to be completed one form five.ninety three we would further Fleck the.exemption and the other would be.submitted along with the withholding.payment part three certifications which.fully exempt the sale from withholding.part three is where sellers and.transfers determine if they qualify for.a full exemption from withholding all.boxes that apply to the property being.sold or transferred should be checked if.box one through nine is checked the.seller or transfer should stop go to.part seven on side three complete the.perjury statement and sign and date the.form the form five ninety three is.complete they should provide the.completed form to the room it are prior.to the close of escrow.or exchange and the remitted should.submit the completed form 593 to FTB.again please note the new change that.the remit er will still submit form 593.to FTB if an exemption is met part for.certifications that may fully or.partially exempt the sale from.withholding or of no exemptions apply.part for allow sellers to certify that.the sale may be fully or partially.exempt from withholding the seller or.transfers should check box 10 if the.sale as a simultaneous or deferred.like-kind exchange please note there may.be withholding.do on this transaction which is why it.is partially exempt section there is a.failed exchange or boot and a like-kind.exchange transaction the seller would.need to go to part 7 to complete the.portion for withholding do if not they.would sign date and complete the perjury.statement if it's an installment sale.box 11 should be checked and they would.move to part 5 as the line item.indicates with an installment sell there.are a few extra steps that need to be.completed if the seller does not meet.the requirements for a full or partial.exemption then they should check box 12.go to part 7 on side 3 complete the.perjury statement and sign and date the.form to certify that all the information.on form 593 is correct part 5 buyer.transferee information part 5 only needs.to be completed if the sale or transfer.is an installment sale the buyer or.transferee is responsible for completing.and signing it please be aware.expectations have not changed even if.our form has the buyer transferee is.still required to withhold and submit.withholding on all principle payments.made in an installment sale a REIT may.be authorized to withhold on the down.payment as a reminder for the first time.form 593 is submitted a copy of the.installment sale agreement should be.included in the event there is no down.payment during escrow on the uninstall.and sale Threepwood still submit a.completed form 503 at the end of the.real estate transaction.three would complete part five on side.two then go to part seven and select.installment cells the transaction type.additionally the perjury statement would.still need to be completed on the forum.need to be signed and dated by the.seller or transfer key information.needed the principal amount installment.amount interest rate and the number of.months of the repayment period part six.computation part six is completed to.determine the seller transfers loss or.zero gain at box three in part three is.checked it is also used to calculate an.alternative amount of withholding this.is the remaining portion of the.computation that flows over to side.three of the four if the computation is.applicable the numbers generated from it.will be picked up in part seven of the.form part seven escrow or exchange.information part 7 is where escrow or.exchange information is completed an.escrow or exchange number is important.in case we need to reach you remit or.regarding the transaction we also need.the following information which type of.transaction occurred which withholding.method was used and how much withholding.is being submitted we now require the.seller or transfer to certify it under.penalty of perjury the form is completed.correctly the seller makes the.certification by selecting one of four.options in the event of an installment.sale the buyer must also sign and date.the perjury statement regardless of the.type of real estate transaction.completed a signature and date is.required for more information go to.ftb.ca.gov real estate withholding you.can also subscribe and get our updates.on our website search subscription.services to sign up this concludes our.presentation on form five and ninety.three updates we hope you found this.information helpful please be sure to.share this presentation with your peers.thank you for joining us.

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