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Re: state withholding

Posted by sgland on July 25, 2009 at 12:34 AM

In Reply to: Re: state withholding posted by Dawn on June 03, 2009 at 2:17 PM

If the beneficial interest of the trust is a california
partnership, then you are exempt from withholding.

Read the instructions and put an attachment to the 593-C:

Part II Exemption:
OWNER OF RECORD IS AN INCIDENTAL OWNER WITH NO FINANCIAL INTEREST
IN THE PROPERTY. 100% OF THE FINANCIAL INTEREST IN THE PROPERTY
BELONGS TO A CA PARTNERSHIP, EXEMPT FROM WITHHOLDINGS.

Note: Obviously the beneficial interest of your Trust needs to be
a Partnership to be exempt... but if it is, then this works.
I use this all the time.

: seems like an adendum signed by the parties of contract should suffice

: : we are in escrow, title is in a trust, Ward pointed out during the Hunt Bch seminar that we could avoid the state withholding by holding title as a partnership, I believe he said we could deed the trust over to a partnership during escrow, I called our escrow and they said we would have to cancel escrow and start a new escrow with the partnership on title, any ideas if this is correct or can we deed into a partership during escrow



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