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Re: Avoid CA's 3.3% advance withholding tax...

Posted by Sara_CA on October 22, 2003 at 10:12 PM

In Reply to: Avoid CA's 3.3% advance withholding tax... posted by Ward-CA- on October 22, 2003 at 1:06 AM

: : First of all, this is a great site and a great board. Thanks to Ward and all who posts here. I have learned a lot, and still a lot more to learn. Before I knew about the THT I bought a second home in my own name in April. After I have remodeled I encountered a financial downturn, and I need to pay back the family-borrowed down payment. My lowered income does not quality me for re-financing. So now I must sell. The short term profit will be $45K. I also will have a seasoning issue with the current lender.
: :
: : What is the best way to do the sell?
: : How will putting the tittle in a THT NOW still benefit me in the sell of the property? Or will it?
: : How to avoid California sales tax COMPLETELY, not just at the closing, but also next April?
: : Can I take part of the profit out, and leave the rest for another deal? A partial 1031 exchange?
: : Or, Can I use the profit against the stock market loss from 2 years ago?

: : Can you tell me where I can find the documents to acomplish each step?

: : Any and all help is always greatly appreciated.

: -=-=-=-=-=-=-=-=-=-=-=

: Sara,

: One thing you should really try to avoid is the advance payment of your CA income tax upon the close of escrow. The 3.3% tax is levied on the gross sales price of the property! You can be exempt from the tax if the property is in a multi-member entity registered with the state of CA. before you open escrow.

: An exempt entity would be a corporation, a limited partnership, a limited liability company, etc. Unfortunately the title holding trust is not exempt.

Thank you, Ward. Unfortunately, I and my buyer just opened escrow with Old Republic Title. Is there any hope left? The price of this education is $15K. Fortunately only one time.



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