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Posted by Joe on October 17, 2002 at 9:42 AM

Here is a recent article I came across that could seriosly affect the buying and selling of investment property:

After Jan. 1, 2003, the California Investment in Real Property Tax Act(Cal FIRPTA) requires withholding of 3-1/3 percent of the sales price for residents as well as non-residents selling investment properties. While this new law does not impose new taxes or increase existing taxes it does accelerate the receipt of tax revenue (projected to be $225 million) to the state by way of withholding on the seller's taxable gain on investment properties

This does not apply to the sale of principal residences or to 1031 tax-deferred exchanges; there are other transfers not subject to the withholding requirements as well. Individual sellers can no longer apply for and receive a waiver from the Franchise Tax Board even if they can document that the tax owed is less than the 3-1/3 percent of the sales price withheld. Entities such as corporations, LLCs and trusts still can apply for and receive a waiver.

This law (AB 2065) was enacted without having been available for
examination in print; it was amended on the evening of Aug. 31, passed by the Legislature Sept. 1, and signed by the governor Sept. 5 along with the many budget items. This was "eleventh hour" legislation amended, passed and signed by the Governor as part of the package of bills that ended the budget impasse. The legislature waived the rule requiring that a bill be in print before it can be acted on.

C.A.R. will be releasing a revised standard form (AS) to reflect this new law next month. It should be noted that it is the escrow's obligation, not the REALTOR'S(R), but many licensees routinely provide the C.A.R. form to their clients. In the interim, the current form AS with a revision date of June 2000 should be used for transactions closing before Dec. 31, 2002. Note: AB 2065 does NOT impose REALTOR(R)
notice or disclosure obligations.

The C.A.R. board of directors has asked that C.A.R. work with the
Franchise Tax Board to postpone the adoption of regulations for the new real estate withholding provision contained in AB 2065 (Oropeza), until corrective legislation has passed and that C.A.R. develop a coalition of interested participants to jointly sponsor corrective legislation.

A Legal Q&A providing more detail on this law is available at the link below.
More info:
AOL info:


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