
Form 592-B 2011 (REV 12-12) Page 3
B Common Errors/Helpful Hints
• Get taxpayer identification numbers (TINs)
from all payees.
•
Complete all fields.
•
Complete all forms timely to avoid penalties.
C Who Must Complete
Form 592-B must be completed by any person
who:
•
Has withheld on payments to residents or
nonresidents.
•
Has withheld backup withholding on
payments to residents or nonresidents.
•
Is a pass-through entity that was withheld
upon and must flow-through the withholding
credit.
Record Keeping
The withholding agent retains the proof of
withholding for a minimum of four years
and must provide it to the FTB upon request.
Form 592-B is provided to the recipient to file
with their state tax return. This form can be
provided to the payee electronically. A broker
can provide Form 592-B as a composite
statement. For more information go to
ftb.ca.gov and search for electronic 592-B
requirements.
D When To Complete
Form 592-B must be provided to:
•
Each resident or nonresident by January 31
following the close of the calendar year,
except for brokers as stated in Internal
Revenue Code (IRC) Section 6045.
• A recipient before February 15 following the
close of the calendar year for brokers.
•
Foreign partners in a partnership or members
in a limited liability company (LLC) on
or before the 15th day of the 4th month
following the close of the taxable year.
If all the partners in the partnership or members
in the LLC are foreign, Form(s) 592-B must be
provided on or before the 15th day of the 6th
month after the close of the taxable year.
When making a payment of withholding
tax to the IRS under IRC Section 1446, a
partnership must notify all foreign partners of
their allocable shares of any IRC Section 1446
tax paid to the IRS by the partnership. The
partners use this information to adjust the
amount of estimated tax that they must
otherwise pay to the IRS. The notification to
the foreign partners must be provided within
10 days of the installment due date, or, if paid
later, the date the installment payment is made.
See Treas. Regs. Section 1.1446-3(d)(1)(i)
for information that must be included in
the notification and for exceptions to the
notification requirement. For California
withholding purposes, withholding agents
should make a similar notification. No
particular form is required for this notification,
and it is commonly done on the statement
accompanying the distribution or payment.
However, the withholding agent may choose
to report the tax withheld to the payee on a
Form 592-B.
E Penalties
The withholding agent must furnish complete
and correct copies of Form(s) 592-B to the
recipient (payee) by the due date.
If the withholding agent fails to provide
complete, correct, and timely Form(s) 592-B
to the recipient (payee), the penalty per
Form 592-B is:
• $50 for each payee statement not provided
by the due date.
•
$100 or 10 percent of the amount required
to be reported (whichever is greater), if the
failure is due to intentional disregard of the
requirement.
Specific Instructions
Year – Make sure the year in the upper left
corner of Form 592-B represents the calendar
year in which the withholding took place. If an
S corporation’s, partnership’s, LLC’s, or trust’s
current distribution represents a prior taxable
year of California source income, the taxable
year on Form 592-B must represent the year
the income was earned. (Except for foreign
partners, withholding of tax by withholding
agents must be on a calendar-year basis,
regardless of the accounting period adopted by
the payee or withholding agent.)
For foreign partners in a partnership, or foreign
members in an LLC, make sure the year in the
upper left corner of Form 592-B is the year that
the partnership’s or LLC’s taxable year ended.
For example, if the partnership’s or LLC’s
taxable year ended 12/31/09, use the 2009
Form 592-B.
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.
Part I – Withholding Agent
Enter the withholding agent’s name, tax
identification number, address, and telephone
number.
Part II – Recipient
Enter the name of recipient, DBA (if applicable),
tax identification number, and address for the
recipient (payee).
If the recipient is a grantor trust, enter
the grantor’s individual name and social
security number (SSN) or individual taxpayer
identification number (ITIN). Do not enter the
name of the trust or trustee information. (For
tax purposes, grantor trusts are transparent.
The individual grantor must report the income
and claim the withholding on the individual’s
California tax return.)
If the recipient is a non-grantor trust, enter
the name of the trust and the trust’s federal
employer identification number (FEIN). Do not
enter trustee information.
If the trust has applied for a FEIN, but it has
not been received, zero fill the space for the
trust’s FEIN and attach a copy of the federal
application behind Form 592-B. After the FEIN
is received, amend Form 592-B to submit the
assigned FEIN.
Only withholding agents can complete an
amended Form 592-B. Upon completion, the
withholding agent should provide a copy of
the amended Form 592-B to the recipient. If a
recipient notices an error, the recipient should
contact the withholding agent.
If the recipients are married/RDP, enter only
the name and SSN or ITIN of the primary
spouse/RDP. However, if the recipients intend
to file separate California tax returns, the
withholding agent should split the withholding
and complete a separate Form 592-B for each
spouse/RDP.
Part III – Type of Income
Subject to Withholding
Check the box(es) for the type of income
subject to withholding.
Part IV – Tax Withheld
Line 1
Enter the total income subject to withholding.
Line 2
Enter the total California tax withheld
(excluding backup withholding). The amount
of tax to be withheld is computed by applying
a rate of 7% on items of income subject to
withholding, i.e. interest, dividends, rents and
royalties, prizes and winnings, premiums,
annuities, emoluments, compensation
for personal services, and other fixed or
determinable annual or periodical gains, profits
and income. For foreign partners, the rate is
8.84% for corporations, 10.84% for banks
and financial institutions, and 12.3% for all
others. For pass through entities, the amount
withheld is allocated to partners, members,
S corporation shareholders, or beneficiaries,
whether they are residents or nonresidents of
California, in proportion to their ownership or
beneficial interest.
Line 3
Enter the total backup withholding. Compute
backup withholding by applying a 7% rate
to all reportable payments subject to IRS
backup withholding with a few exceptions. 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.