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Level 3
March 20, 2024

1099-S Need Guidance (New Client)

  • March 20, 2024
  • 3 replies
  • 17 views

Hello Community!

New client was next of kin and inherited a home in California. Client lives in Illinois.

Client immediately sold the California home, he only paid $3,000 for new septic tank prior to listing home. 

Client received a 1099-S and provided me with Settlement Statement. 

My question is, do I need to file a California state return since property was in California? Client never lived in California. 

 

Thanks!

 

    3 replies

    IRonMaN
    Level 15
    March 20, 2024

    California is going to be looking for a return, although it sounds like there probably isn't going to be any tax due under the circumstances.

    Slava Ukraini!
    katie11Author
    Level 3
    March 20, 2024

    Thank you!

    IRonMaN
    Level 15
    March 20, 2024

    You betcha!

    Slava Ukraini!
    BobKamman
    Level 15
    March 20, 2024

    Are you sure California state tax was not withheld from the proceeds? 

    katie11Author
    Level 3
    March 20, 2024

    Would this be on the 1099-S? I don't see it. All client provided was 1099-S and Settlement Statement. 

    IRonMaN
    Level 15
    March 20, 2024

    No, it doesn't show up there.  But if the person died shortly before the house was sold, the normal treatment is to use the basis of the house as the same amount as the selling price.  If it was held for a long time or used personally, that does change that approach.

    Slava Ukraini!
    abctax55
    Level 15
    March 21, 2024

    Form 593-'x' (A, B, or C, I think - usually A) is generally(*) completed on real estate sales in CA.   This tells the title escrow Company how much to withhold.  The computation is 3.333% of the selling price  OR  12.3 % of the 'gain'.   Obviously, the 'gain' can be manipulated (altho there is a computation part of the form to list cost + improv etc).

    IF the title/escrow Company was told there's no gain, OR if told it was a primary residence with the @ 250/$ 500,000 box checked - there wouldn't be any withholding.

    @katie11  - this Form 593 is often/usually buried deep in the 3# stack of closing papers.  The amount WILL show on the closing/HUD statement tho as "FTB withholding".  A call to the title Company (probably with someone on the closing statement for authorization) might be in order IF there is an amount on the closing statement but the F.593 is MIA.

    (*) I say generally because I just went thru this with a local small town title Company (a franchise) that messed up the F.593 so badly it's funny/sad?

     

    HumanKind... Be Both