
Form 592-F Instructions 2010 Page 1
Instructions for Form 592-F
Foreign Partner or Member Annual Return
What’s New
For taxable years beginning on or after
January 1, 2011, the maximum personal
income tax rate is 9.3%. In addition,
non-California partnerships are subject
to withholding requirements on a sale of
California real property at a rate of 3 1/3%
(.0333) of sales price or 9.3% of gain. The
alternative withholding rate for the gain on sale
of California real property by S corporations is
10.8% and 12.8% for financial S corporations.
General Information
At the end of the taxable year, partnerships and
limited liability companies (LLCs) complete
Form 592-F, Foreign Partner or Member
Annual Return, to report the total withholding
for the year and to allocate the income and
related withholding to the foreign partners or
members. When filing Form 592-F with the
Franchise Tax Board (FTB), the withholding
agent is no longer required to submit to the
FTB Form 592-B, Resident and Nonresident
Withholding Tax Statement, for each partner
or member. However, withholding agents must
continue to provide the partners or members
with copies of Form 592-B.
• For California withholding purposes,
nonresident includes all of the following:
• Individuals who are not residents of
California.
• Corporations not qualified through
the California Secretary of State to do
business in California or having no
permanent place of business in California.
• Partnerships or LLCs with no permanent
place of business in California.
• Any trust without a resident grantor,
beneficiary, or trustee, or estates where
the decedent was not a California resident.
• Foreign refers to non-U.S.
Withholding on foreign partners or members
is remitted to the FTB using Form 592-A,
Payment Voucher for Foreign Partner or
Member Withholding. For more information
on the withholding requirements or to send
withholding payments during the year, get
Form 592-A.
Round Cents To Dollars – Round cents to
the nearest whole dollar. For example, round
$50.50 up to $51 or round $25.49 down to $25
.
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 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.
For more information, go to ftb.ca.gov and
search for backup withholding.
Submitting Payments – Use the Supplemental
Payment Voucher from Form 592-A if you
have a final withholding payment to remit with
Form 592-F.
A Purpose
Use Form 592-F to report the total withholding
for the year on foreign partners or members
under California Revenue and Taxation Code
(R&TC) Section 18666. Form 592-F is used
by pass-through entities to flow-through
withholding credit to their foreign partners or
members. Caution: Real Estate Withholding
should not be reported on this form.
Do not use Form 592-F if:
• You are reporting withholding on domestic
nonresident partners or members. Use
Form 592, Resident and Nonresident
Withholding Statement.
• You are the buyer or escrow person
withholding on the sale of real estate. Use
Form 593, Real Estate Withholding Tax
Statement, to report real estate withholding.
B When and Where to File
For withholding on foreign partners or
members, file Form 592-F, on or before the
15th day of the 4th month following the close
of the partnership’s or LLC’s taxable year.
If all the partners or members are foreign,
Form 592-F must be filed on or before the
15th day of the 6th month after the close of
the partnership’s or LLC’s taxable year. The
withholding agent retains this form for a
minimum of four years and must provide it to
the FTB upon request.
Mail Form 592-F, the Supplemental Payment
Voucher from Form 592-A, and payment to:
WITHHOLDING SERVICES AND
COMPLIANCE
FRANCHISE TAX BOARD
PO BOX 942867
SACRAMENTO CA 94267-0651
10-Day Notification – California follows
federal law, which requires that withholding
agents notify foreign payees within 10 days
of any tax withheld. For California withholding
purposes, withholding agents should make a
similar notification to nonresident payees. 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.
C Amending Form 592-F
Amended forms can only be filed by the
withholding agent. To amend Form 592-F:
• Complete a new Form 592-F with the correct
information.
• Check the “Amended” box at the top of the
revised form.
• Include a letter explaining what changes
were made and why.
• Send the amended Form 592-F and letter to
the address on the form.
D Federal Extension
Check the “Federal Extension” box at the
top of the form if you filed for an extension
to file federal Form 8804, Annual Return for
Partnership Withholding Tax.
Caution: An extension to file is not an
extension to pay. The final withholding
payment is due on or before the original due
date for Form 592-F regardless of an extension
to file.
E Electronic Filing
Requirements
Form 592-F information must be filed with
the FTB electronically, using FTB’s Secure
Web Internet File Transfer (SWIFT), instead
of paper when the number of payees on Form
592-F is 250 or more. However, withholding
agents must continue to provide payees with
paper copies of Form 592-B. To submit your
Form 592-F for electronic filing, submit your
file using the SWIFT process as outlined in
FTB Pub. 923, SWIFT Guide for Resident,
Nonresident, and Real Estate Withholding.
For the required file format and record layout
for electronic filing, get FTB Pub. 1023S,
Resident and Nonresident Withholding
Electronic Submission Requirements. If you
are the preparer for more than one withholding
agent, provide a separate electronic file for each
withholding agent.
For electronic filing submit your payment using
EFT or Form 592-A.
F Interest and Penalties
Interest on late payments is computed from
the due date of the withholding to the date
paid. Failure to withhold may result in the
withholding agent being personally liable
for the amount of tax that should have been
withheld and for interest and penalties.
A penalty will be assessed for failure to file
complete, correct, and timely information
returns (Form 592-F schedule of payees) to the
FTB. The penalty is calculated per payee:
• $15 if filed 1 to 30 days after the due date.
• $30 if filed 31 days to 6 months after the
due date.
• $50 if filed more than 6 months after the due
date.
Specific Instructions
Taxable Year
• Enter the beginning and ending dates for the
partnership’s or LLC’s taxable year.
• Make sure the year in the upper left corner
of the form matches the ending date of the
taxable year.