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Re: Avoid the 3.3% California witholding tax.

Posted by zachary on November 10, 2003 at 7:43 AM

In Reply to: Avoid the 3.3% California witholding tax. posted by Sara_CA on November 10, 2003 at 0:03 AM

: I am trying to avoid the 3.3% California witholding tax for the sell of my second home/investment. The easiest way I think I know how is to deed the house to multiple owners." I, Sara Lung, hereby grant the property located at ---- to Sara Lung, George Lung, and Thomas Lung, as tennant in common." Then sell the house from this multiple owners to the new buyer.

: 1. Will this avoid the 3.3% Cali tax? Is it realy this simple?

: 2. I have already opened escrow with the new buyer. Is it too late? Can I still deed the property to multiple owners and then at the close of escrow deed the property to the new buyer ?

: 3. The 3.3% Cali tax is a "withholding tax", right? Does it mean I get the money back next April? In this transaction the 3.3% amounts to about $20K. My income is not high this year. Definitely, my California state personal income tax next April will be much less than ($20K + state withholdings from my job).
: Do I get the money back? Is there something I am not understanding here?

: Any and all insight/comments/suggestions/advice is greatly appreciated.


--------------------------------------------------------

Sara,

1. No, this will not avoid the witholding tax. 3.3% of the total sales price will still go to the state

2. Its not to late...but your idea will not work. I just started a corporation (exempt from the witholding) and it was not setup until 1/2 thru escrow on a preforeclsoure I'm doing.
I wrote an addendum to the purchase contract that I have with the buyers saying that prior to the close of escrow I will deed the property to the corp. and then the corp. will deed it to the bueyrs. when I signed paperwork at the title co. they had me sign a deed to the corp then a deed from the corp to the buyers.
this will avoid the witholding tax.

3. yes it is a witholding tax. you will get back any amount over what you owe to the state. they are basically borrowing your money interest free until tax returns....

zachary



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