The California 590 P form, also known as the Nonresident Withholding Exemption Certificate for Previously Reported Income, is used to certify that certain income has already been reported on a California tax return. This form is specifically for nonresident shareholders, partners, or members of an S corporation, partnership, or LLC who are claiming an exemption from withholding on current year distributions of prior year income. By submitting this form, the entity can avoid unnecessary withholding on distributions that have already been accounted for in previous tax filings.
This form is intended for domestic (nonforeign) nonresident S corporation shareholders, partners, or members. It is important to note that foreign partners or members cannot use this form. Additionally, California residents or those with a permanent place of business in California should not use the 590 P form; they should instead utilize Form 590, which is designed for residents. If the income in question has not yet been reported on a California tax return, individuals should consider filing Form 588 to request a waiver of withholding.
When completing the California 590 P form, you will need to provide several key pieces of information:
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The name and address of the S corporation, partnership, or LLC.
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Your name, address, and identification number (either SSN, ITIN, CA corporation number, FEIN, or SOS file number).
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The year(s) for which the income has been reported.
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Your signature and the date of signing.
Make sure all information is accurate to avoid delays in processing or issues with withholding.
Once the California 590 P form is completed and submitted to the S corporation, partnership, or LLC, they will retain it for their records. This form serves as proof that the income has been reported and that no withholding is necessary for the distributions covered by the certificate. The withholding agent must keep this form for a minimum of four years and provide it to the Franchise Tax Board (FTB) if requested.
Are there any exceptions to withholding requirements?
Yes, there are exceptions to the withholding requirements. If the total distributions of California source income to a nonresident shareholder, partner, or member are $1,500 or less during the calendar year, then no withholding is required. Additionally, if the income has already been reported on a California tax return, the 590 P form can be utilized to exempt that income from withholding. However, it’s crucial to ensure that all criteria are met to avoid potential penalties.