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Choose the smoothest route...

Posted by Ward-CA- on February 20, 2010 at 7:03 AM

In Reply to: Can Non-Registered General Partnership hold Title through THT partner posted by Gary on February 19, 2010 at 9:20 PM

Gary,

The most expeditious way to approach title issues is to avoid all potential glitches beforehand.

So I would simply have the title holding trust (THT) deed the title of the property it holds into a CA general partnership to
avoid the 3.3% advance withholding of state income tax, and then open your resale escrow.

-----------Ward

===============

: We are selling a property & its title is currently held by a THT (Living Trust). This THT is a partner with another person in a General Partnership. Are we subject to 3.5% CA Withholding? Do we need to deed it over to the GP to avoid it or just argue that the THT is acting on behalf of the GP since it's already part of it?

: Thanks for your help on this



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