California Form 593 (Real Estate Withholding Statement)
Form 593 is the document that quietly determines whether a chunk of your seller's proceeds gets held back for the California Franchise Tax Board. It shows up on nearly every California closing, which is exactly why it deserves more attention than it usually gets. Unlike FIRPTA, which is a federal concern about foreign sellers, Form 593 is a state requirement, and it applies far more broadly than most agents realize.
Why This Document Matters
California requires withholding on the sale of real property unless the seller qualifies for a specific exemption. The default withholding rate is 3.33 percent of the total sale price, though sellers can elect an alternative calculation based on actual gain in certain cases. Form 593 is how the seller claims an exemption, or how escrow calculates and remits the required withholding to the FTB if no exemption applies.
This isn't optional paperwork. The Real Estate Escrow Person, typically the escrow or title company handling the closing, is responsible for completing and submitting Form 593 regardless of the transaction's specifics. Sellers who assume they're automatically exempt because they've lived in the home for years are sometimes surprised to learn that specific boxes need to be checked and specific conditions need to be met to actually claim that exemption.
How It Works
Escrow provides Form 593 to the seller during the transaction, generally around the same time as other closing documents. The seller reviews the exemption categories and determines whether they qualify for a full exemption, such as the property being their principal residence under IRS rules, or whether withholding will apply.
If the seller qualifies for an exemption, they check the applicable box and the form documents that no withholding is required. If no exemption applies, the withholding amount gets calculated, either using the standard 3.33 percent of sale price or the alternative gain-based calculation if the seller elects it and provides the supporting figures.
Once completed, escrow submits Form 593 to the Franchise Tax Board along with any required withholding payment, typically by the 20th day of the month following the close of escrow. A copy goes to the seller for their own tax records. This entire process runs in parallel with FIRPTA, and it's easy for agents to conflate the two since they arrive around the same point in escrow and both deal with withholding.
Key Sections Explained
Remitter Information: This section identifies who is submitting the form, typically the Real Estate Escrow Person handling the transaction. It includes their business information and the escrow or exchange number tying the form to this specific closing.
Seller/Transferor Information: The seller's identifying information, including name, address, and Social Security Number or Taxpayer Identification Number. Trusts have additional fields depending on whether it's a grantor or nongrantor trust.
Exemption Certifications: This is the section that determines whether withholding applies at all. Common exemptions include the property being the seller's principal residence, the sale price being under a certain threshold, or the seller being a corporation or LLC with a permanent place of business in California. Each exemption has specific qualifying conditions that need to actually be met, not just assumed.
Withholding Calculation: If no exemption applies, this section documents how the withholding amount was calculated, either the standard percentage of sale price or the alternative method based on the seller's actual gain, which sometimes results in a smaller withholding amount than the flat percentage would.
Buyer/Transferee Information: In certain situations, particularly installment sales, additional information about the buyer is required so the FTB can track ongoing withholding obligations on future payments.
Common Mistakes to Avoid
Assuming a long-time owner automatically qualifies for the principal residence exemption without confirming the specific IRS test is a frequent misstep. The exemption has defined criteria, and a seller who moved out months before listing might not qualify the way they expect.
Leaving the form for the last few days of escrow creates unnecessary risk. Since escrow needs to calculate and potentially remit withholding by a set deadline after closing, sorting out exemption questions or gain calculations at the eleventh hour is not where you want to be.
Confusing Form 593 with FIRPTA is common, and it matters because they're governed by different laws with different exemption rules. A seller exempt from FIRPTA can still owe California withholding, and clearing one form doesn't automatically clear the other.
Not accounting for withholding in the seller's net sheet is a mistake that creates an unpleasant surprise at closing if the seller expected their full proceeds and didn't realize a percentage would be held back. Build this into your Seller Net Sheet conversation early, not after the numbers are finalized.
Pro Tips from a TC
Talk to your seller about Form 593 early, ideally at listing, not at the end of escrow. If withholding is going to apply, that's information the seller needs well before they're planning what to do with their proceeds.
For sellers who aren't sure whether they qualify for the principal residence exemption, encourage them to talk to a tax professional rather than guessing on the form. The exemption criteria are specific, and getting it wrong either results in unnecessary withholding or a form that doesn't actually protect the seller from an FTB inquiry later.
Coordinate with escrow on timing. Since the withholding, if applicable, needs to be remitted to the FTB by a set deadline after closing, make sure escrow has everything they need from the seller well before the file closes. Deadline management across these closing-stage documents is exactly where a good TC earns their keep.
If your seller is doing a 1031 exchange or an installment sale, flag that early. Both situations change how Form 593 gets completed, and neither is something you want escrow discovering at the last minute.
Related Documents
- Seller's Affidavit of Nonforeign Status (FIRPTA), the federal counterpart addressing foreign seller status
- Seller Net Sheet, where withholding amounts should be reflected in the seller's expected proceeds
- Escrow Instructions, the governing document for how escrow manages closing funds and required filings
- Final Settlement Statement, where any withholding shows up as a line item at closing
- All California Real Estate Documents
Frequently Asked Questions
Q: Does Form 593 apply to every California real estate sale?
In practice, yes, in the sense that escrow needs to address it on essentially every transaction, either by documenting a valid exemption or by calculating and remitting the required withholding. There's no category of sale that simply skips the form. The question is always whether an exemption applies, not whether the form needs to be considered at all.
Q: How much gets withheld if no exemption applies?
The standard rate is 3.33 percent of the total sale price, though sellers can elect an alternative withholding calculation based on their actual gain from the sale, which sometimes results in a lower amount. That alternative calculation requires additional documentation and isn't automatic. A seller working with a tax professional can determine which approach results in a more accurate withholding amount for their situation.
Q: Who is responsible for filing Form 593?
The Real Estate Escrow Person, generally the escrow or title company closing the transaction, is responsible for completing and submitting Form 593 to the Franchise Tax Board. The seller provides the necessary information and signs the exemption certifications or acknowledges the withholding calculation, but the filing responsibility sits with escrow.
Form 593 is one of those closing documents that's easy to overlook until it directly affects a seller's bottom line. If you want the withholding and exemption paperwork handled correctly and on time across your transactions, Relaxed Agent is a California-based virtual TC service built for exactly this kind of detail work.
Learn About Other Documents
Grant Deed
The legal document that transfers ownership of real property from the seller (grantor) to the buyer (grantee), containing warranties that the title has not been previously conveyed.
Short Sale Documents
Documents required when the property is being sold for less than the amount owed, requiring lender approval and including specific addenda and timelines.
How to Take Title
A decision the buyer makes about how they will legally hold ownership of the property, such as joint tenancy, community property, or through a trust, which determines the vesting language on the Grant Deed.

















