
Instructions for Form 587
Nonresident Withholding Allocation Worksheet
References in these instructions are to the California Revenue and Taxation Code (R&TC).
General Information
Beginning January 1, 2008, domestic
nonresidents may use Form 589,
Nonresident Reduced Withholding
Request, to request the reduction in
the standard seven percent withholding
amount that is applicable to California
source payments made to nonresidents.
Backup Withholding – Beginning on or
after January 1, 2010, with certain limited
exceptions, payers that are required to
withhold and remit backup withholding
to the Internal Revenue Service (IRS)
are also required to withhold and remit
to the Franchise Tax Board (FTB). The
California backup withholding rate is 7%
of the payment. For California purposes,
dividends, interests, and any financial
institutions, release of loan funds made in
the normal course of business are exempt
from backup withholding.
If a payee has backup withholding, the
payee must contact the FTB to provide
a valid Taxpayer Identification Number
(ITIN) before filing a tax return. The
following are acceptable TINs: social
security number (SSN); individual
taxpayer identification number (ITIN);
federal employer identification number
(FEIN); California corporation number
(CA Corp No.); or California Secretary of
State (SOS) file number. Failure to provide
a valid TIN will result in the denial of
the backup withholding credit. For more
information, go to ftb.ca.gov and search
for backup withholding.
Private Mail Box (PMB) – Include the
PMB in the address field. Write “PMB”
first, then the box number. Example: 111
Main Street PMB 123.
Foreign Address – Enter the information
in the following order: City, Country,
Province/Region, and Postal Code.
Follow the country’s practice for entering
the postal code. Do not abbreviate the
country’s name.
A Purpose
Use Form 587, Nonresident Withholding
Allocation Worksheet, to determine
the amount of withholding required on
payments to nonresidents.
The payee completes, signs, and
returns Form 587 to the withholding
agent. The withholding agent relies on
the certification made by the payee to
determine the amount of withholding
required, provided the completed and
signed Form 587 is accepted in good faith.
Retain the completed Form 587 for your
records for a minimum of four years and
provide it to the FTB upon request.
Do not use Form 587 if any of the
following applies:
• Payment to a nonresident is only for
the purchase of goods.
• You sold California real estate. Use
Form 593-C, Real Estate Withholding
Certificate.
• The payee is a resident of California
or is a non-grantor trust that has at
least one California resident trustee.
Use Form 590, Withholding Exemption
Certificate.
• The payee is a corporation, partnership,
or limited liability company (LLC) that
has a permanent place of business in
California or is qualified to do business
in California. Foreign corporations
must be qualified to transact intrastate
business. Use Form 590.
• The payment is to an estate and the
decedent was a California resident. Use
Form 590.
B Requirement
California Revenue and Taxation Code
(R&TC) Section 18662 and the related
regulations require withholding of income
or franchise tax on certain payments made
to nonresidents of California for personal
services performed in California and for
rents on property located in California and
royalties with activities in California. The
withholding rate is seven percent (.07)
unless the FTB grants a waiver. See
General Information E, Waivers.
C When to File This Form
The withholding agent requests that the
payee completes, signs, and returns
Form 587 when a contract is entered into
or before payment is made to the payee.
The withholding agent retains Form 587
for a minimum of four years and must
provide it to the FTB upon request.
Form 587 remains valid for the duration
of the contract (or term of payments),
provided there is no material change in
the facts. By signing Form 587, the payee
agrees to promptly notify the withholding
agent of any changes in the facts.
D Withholding Requirements
Payments made to nonresident payees
(including individuals, corporations,
partnerships, LLCs, estates, and trusts)
are subject to withholding. However, no
withholding is required if total payments
of California source income to the payee
during the calendar year are $1,500 or less.
If the California resident, qualified
corporation, LLC, or partnership is acting
as an agent for the nonresident payee, the
payment is subject to withholding if the
nonresident payee does not meet any of
the exceptions on Form 590.
Payments subject to withholding include
the following:
• Payments for services performed in
California by nonresidents.
• Payments made in connection with a
California performance.
• Rent paid to nonresidents if the rent is
paid in the course of the withholding
agent’s business.
• Royalties paid to nonresidents from
business activities in California.
• Payments of prizes for contests
entered in California.
• Distributions of California source
income to nonresident beneficiaries
from an estate or trust.
• Other payments of California source
income made to nonresidents.
Payments not subject to withholding
include payments:
• To a resident of California or to a
corporation with a permanent place of
business in California.
• To a corporation qualified to do
business in California.
• To a partnership or LLC that has
a permanent place of business in
California.
• For sale of goods.
• For income from intangible personal
property, such as interest and
dividends, unless the property has
acquired a business situs in California.
• For services performed outside of
California.
• To a payee that is a tax-exempt
organization under either California or
federal law, use Form 590.
Form 587 Instructions 2010 Page 1