BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 495 (Stone) - Income taxes:  withholding:  real property  
          sales
          
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          |Version: April 22, 2015         |Policy Vote: GOV. & F. 7 - 0    |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 4, 2015       |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.




          


          Bill  
          Summary:  SB 495 would end the withholding requirement on sales  
          of real estate by California residents and entities if the  
          taxpayer elects to pay the tax when filing a return.


          Fiscal  
          Impact: The Franchise Tax Board (FTB) indicates that the bill  
          would result in a revenue loss of $490 million in 2015-16, $47  
          million in 2016-17, and $37 million in 2017-18; however, this  
          revenue effect is mostly shifting the timing of payments, as  
          withholdings not made in one year will show up in the subsequent  
          year's tax payments.  FTB anticipates the bill would have a  
          negligible impact on its administration costs. 







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          Background: Current state law requires the buyer to withhold on transfers  
          of real estate, except in specified instances. In the past,  
          state law only required nonresident taxpayers who sold  
          California real estate to withhold (unless an exemption applied  
          or FTB authorized a waiver or reduction in the withholding  
          amount). However, the withholding requirement was extended to  
          state residents beginning in 2001-02; the associated revenue  
          acceleration was used to address that fiscal year's budget  
          shortfall.
          Withholding is due on the 20th day of the month following the  
          month escrow closes. Currently, buyers must withhold 3 1/3  
          percent of the total sales price; however, if the seller makes  
          an election, the buyer instead withholds an amount certified  
          under penalty that is not less than the expected gain required  
          under the appropriate rate imposed by California's Personal  
          Income Tax or Corporation Tax.




          Proposed Law:  
           This bill would provide that withholding is not required for  
          sales of property by California residents and entities beginning  
          in 2016, so long as the seller makes an election to pay any tax  
          due when filing their annual return.


          Staff  
          Comments:  The real estate withholding requirement originally  
          applied solely to individuals and corporations without any other  
          presence in California to improve compliance, as these entities  
          often failed to ultimately pay the tax due after the sale.   
          Additionally, collecting outstanding taxes from out-of-state  
          entities is more difficult and costly for tax enforcement  
          agencies. As noted above, when the Legislature extended the  
          withholding requirement to California residents, it did so for  
          both compliance reasons and to accelerate cash flow due to a  
          budget crisis.  While the real estate withholding requirement is  
          burdensome, some sellers of real estate end up not having the  
          funds to pay the tax a year following the sale.  The withholding  
          requirement ensures that the tax is paid by compelling payment  
          when the transaction has just occurred and cash is readily  








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          available.
          FTB's revenue estimate assumes that roughly 20 percent of real  
          estate transactions are conducted by nonresidents. The large  
          first-year revenue impact reflects the timing change from taxes  
          being paid by residents via withholding to those monies being  
          remitted the subsequent April when final returns are due. 




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