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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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I'm selling my 2nd home which is located in California. My

Customer Question

I'm selling my 2nd home which is located in California. My primary residence is in Texas and I never stay in Ca for moe than 175 days. I do not pay Ca. taxes. In Closing the sale in Ca one of the forms required to be completed is 593-C Real Estate Withholding Certicifate and 593-E Real estate Withholding Estimate of Gain or Loss. There is not an exemption reason that I can you. Should I just line thru the form and say that I file taxes in Texas at my primary address?
Submitted: 7 months ago.
Category: Tax
Expert:  Lev replied 7 months ago.
Because the property is located in California - the gain will be considered from California sources - and will be TAXABLE for you regardless of your residency.You will need to file CA tax return a a nonresident - and if withholding is more than your tax liability - you will claim a refund.
Expert:  Lev replied 7 months ago.
However the fact of being a resident of another state may NOT be used as an exemption from withholding.You are required to file that form because you are nonresident of California.Sorry if you expected differently..I appreciate if you take a moment to rate the answer.Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all tax related issues.