BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 495 (Stone) - Income taxes: withholding: real property sales ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 22, 2015 |Policy Vote: GOV. & F. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 4, 2015 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- 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. SB 495 (Stone) Page 1 of ? 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 SB 495 (Stone) Page 2 of ? 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. -- END --