Fillable Printable 2016 Form 590 - Withholding Exemption Certificate
Fillable Printable 2016 Form 590 - Withholding Exemption Certificate
2016 Form 590 - Withholding Exemption Certificate
Form 590 C2 2015
7061163
Withholding Exemption Certificate
T AXABLE YEAR
2016
CALIFORNIA FORM
590
Exemption Reason
Check only one reason box below that applies to the payee.
By checking the appropriate box below, the payee certifies the reason for the exemption from the California income tax withholding
requirements on payment(s) made to the entity or individual.
Individuals — Certification of Residency:
I am a resident of California and I reside at the address shown above. If I become a nonresident at any time, I will promptly
notify the withholding agent. See instructions for General Information D, Definitions.
Corporations:
The corporation has a permanent place of business in California at the address shown above or is qualified through the
California Secretary of State (SOS) to do business in California. The corporation will file a California tax return. If this
corporation ceases to have a permanent place of business in California or ceases to do any of the above, I will promptly notify
the withholding agent. See instructions for General Information D, Definitions.
Partnerships or Limited Liability Companies (LLCs):
The partnership or LLC has a permanent place of business in California at the address shown above or is registered with the
California SOS, and is subject to the laws of California. The partnership or LLC will file a California tax return. If the partnership
or LLC ceases to do any of the above, I will promptly inform the withholding agent. For withholding purposes, a limited liability
partnership (LLP) is treated like any other partnership.
Tax-Exempt Entities:
The entity is exempt from tax under California Revenue and Taxation Code (R&TC) Section 23701 ______ (insert letter) or
Internal Revenue Code Section 501(c) _____ (insert number). If this entity ceases to be exempt from tax, I will promptly notify
the withholding agent.
Individuals cannot be tax-exempt entities.
Insurance Companies, Individual Retirement Arrangements (IRAs), or Qualified Pension/Profit-Sharing Plans:
The entity is an insurance company, IRA, or a federally qualified pension or profit-sharing plan.
California T rusts:
At least one trustee and one noncontingent beneficiary of the above-named trust is a California resident. The trust will file a
California fiduciary tax return. If the trustee or noncontingent beneficiary becomes a nonresident at any time, I will promptly
notify the withholding agent.
Estates — Certification of Residency of Deceased Person:
I am the executor of the above-named person’s estate or trust. The decedent was a California resident at the time of death.
The estate will file a California fiduciary tax return.
Nonmilitary Spouse of a Military Servicemember:
I am a nonmilitary spouse of a military servicemember and I meet the Military Spouse Residency Relief Act (MSRRA)
requirements. See instructions for General Information E, MSRRA.
CERTIFICATE OF PAYEE: Payee must complete and sign below.
To learn about your privacy rights, how we may use your information, and the consequences for not providing the requested information,
go to ftb.ca.gov and search for privacy notice. To request this notice by mail, call 800.852.5711.
Under penalties of perjury, I hereby certify that the information provided in this document is, to the best of my knowledge, true and
correct. If conditions change, I will promptly notify the withholding agent.
Type or print payee’s name and title
___________________________________________________ Telephone (_____)___________
Payee’s signature _______________________________________________________________ Date ______________________
The payee completes this form and submits it to the withholding agent. The withholding agent keeps this form with their records.
Withholding Agent
Name
Payee
Name
SSN or ITIN FEIN CA Corp no. CA SOS file no.
Address (apt./ste., room, PO box, or PMB no.)
City (If you have a foreign address, see instructions.) State ZIP code
Form 590 Instructions 2015 Page 1
2016 Instructions for Form 590
Withholding Exemption Certificate
References in these instructions are to the California Revenue and Taxation Code (R&TC).
General Information
Registered Domestic Partners (RDP) – For
purposes of California income tax, references
to a spouse, husband, or wife also refer to a
Registered Domestic Partner (RDP) unless
otherwise specified. For more information on
RDPs, get FTB Pub. 737, Tax Information for
Registered Domestic Partners.
A Purpose
Use Form 590, Withholding Exemption
Certificate, to certify an exemption from
nonresident withholding.
Form 590 does not apply to payments of
backup withholding. For more information,
go to ftb.ca.gov and search for backup
withholding.
Form 590 does not apply to payments for
wages to employees. Wage withholding is
administered by the California Employment
Development Department (EDD). For more
information, go to edd.ca.gov or call
888.745.3886.
Do not use Form 590 to certify an exemption
from withholding if you are a Seller of
California real estate. Sellers of California
real estate use Form 593-C, Real Estate
Withholding Certificate, to claim an exemption
from the real estate withholding requirement.
The following are excluded from withholding
and completing this form:
•
The United States and any of its agencies or
instrumentalities.
•
A state, a possession of the United States,
the District of Columbia, or any of its
political subdivisions or instrumentalities.
•
A foreign government or any of its political
subdivisions, agencies, or instrumentalities.
B Income Subject to
Withholding
California Revenue and Taxation Code (R&TC)
Section 18662 requires withholding of income
or franchise tax on payments of California
source income made to nonresidents of
California.
Withholding is required on the following, but is
not limited to:
•
Payments to nonresidents for services
rendered in California.
• Distributions of California source income
made to domestic nonresident partners,
members, and S corporation shareholders
and allocations of California source income
made to foreign partners and members.
•
Payments to nonresidents for rents if the
payments are made in the course of the
withholding agent’s business.
•
Payments to nonresidents for royalties from
activities sourced to California.
• Distributions of California source income to
nonresident beneficiaries from an estate or
trust.
•
Endorsement payments received for services
performed in California.
•
Prizes and winnings received by
nonresidents for contests in California.
However, withholding is optional if the total
payments of California source income are
$1,500 or less during the calendar year.
For more information on withholding get
FTB Pub. 1017, Resident and Nonresident
Withholding Guidelines. To get a withholding
publication, see Additional Information.
C Who Certifies this Form
Form 590 is certified by the payee. California
residents or entities exempt from the
withholding requirement should complete
Form 590 and submit it to the withholding
agent before payment is made. The withholding
agent is then relieved of the withholding
requirements if the agent relies in good faith
on a completed and signed Form 590 unless
notified by the Franchise Tax Board (FTB) that
the form should not be relied upon.
An incomplete certificate is invalid and the
withholding agent should not accept it. If the
withholding agent receives an incomplete
certificate, the withholding agent is required
to withhold tax on payments made to the
payee until a valid certificate is received. In
lieu of a completed exemption certificate, the
withholding agent may accept a letter from
the payee as a substitute explaining why they
are not subject to withholding. The letter must
contain all the information required on the
certificate in similar language, including the
under penalty of perjury statement and the
payee’s taxpayer identification number. The
withholding agent must retain a copy of the
certificate or substitute for at least four years
after the last payment to which the certificate
applies, and provide it upon request to the FTB.
If an entertainer (or the entertainer’s business
entity) is paid for a performance, the
entertainer’s information must be provided.
Do not submit the entertainer’s agent or
promoter information.
The grantor of a grantor trust shall be treated
as the payee for withholding purposes.
Therefore, if the payee is a grantor trust and
one or more of the grantors is a nonresident,
withholding is required. If all of the grantors
on the trust are residents, no withholding is
required. Resident grantors can check the
box on Form 590 labeled “Individuals —
Certification of Residency.”
D Definitions
For California non-wage withholding purposes,
nonresident includes all of the following:
•
Individuals who are not residents of
California.
•
Corporations not qualified through the
California Secretary of State (CA SOS)
to do business in California or having no
permanent place of business in California.
•
Partnerships or limited liability companies
(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.
For more information about determining
resident status, get FTB Pub. 1031,
Guidelines for Determining Resident Status.
Military servicemembers have special rules
for residency. For more information, get
FTB Pub. 1032, Tax Information for Military
Personnel.
Permanent Place of Business:
A corporation has a permanent place of
business in California if it is organized and
existing under the laws of California or it has
qualified through the CA SOS to transact
intrastate business. A corporation that has
not qualified to transact intrastate business
(e.g., a corporation engaged exclusively in
interstate commerce) will be considered as
having a permanent place of business in
California only if it maintains a permanent
office in California that is permanently staffed
by its employees.
E Military Spouse Residency
Relief Act (MSRRA)
Generally, for tax purposes you are considered
to maintain your existing residence or domicile.
If a military servicemember and nonmilitary
spouse have the same state of domicile, the
MSRRA provides:
•
A spouse shall not be deemed to have lost
a residence or domicile in any state solely
by reason of being absent to be with the
servicemember serving in compliance with
military orders.
•
A spouse shall not be deemed to have
acquired a residence or domicile in any
other state solely by reason of being there
to be with the servicemember serving in
compliance with military orders.
Domicile is defined as the one place:
•
Where you maintain a true, fixed, and
permanent home.
•
To which you intend to return whenever you
are absent.
Page 2 Form 590 Instructions 2015
The payee must notify the withholding agent if
any of the following situations occur:
•
The individual payee becomes a nonresident.
• The corporation ceases to have a permanent
place of business in California or ceases to
be qualified to do business in California.
• The partnership ceases to have a permanent
place of business in California.
• The LLC ceases to have a permanent place
of business in California.
• The tax-exempt entity loses its tax-exempt
status.
If any of these situations occur, then
withholding may be required. For more
information, get Form 592, Resident and
Nonresident Withholding Statement,
Form 592-B, Resident and Nonresident
Withholding Tax Statement, and Form 592-V,
Payment Voucher for Resident and
Nonresident Withholding.
Additional Information
For additional information or to speak to
a representative regarding this form, call
the Withholding Services and Compliance
telephone service at:
Telephone: 888.792.4900
916.845.4900
Fax: 916.845.9512
OR write to:
WITHHOLDING SERVICES AND
COMPLIANCE MS F182
FRANCHISE TAX BOARD
PO BOX 942867
SACRAMENTO CA 94267-0651
You can download, view, and print California
tax forms and publications at ftb.ca.gov.
OR to get forms by mail write to:
TAX FORMS REQUEST UNIT
FRANCHISE TAX BOARD
PO BOX 307
RANCHO CORDOVA CA 95741-0307
For all other questions unrelated to withholding
or to access the TTY/TDD numbers, see the
information below.
Internet and Telephone Assistance
Website: ftb.ca.gov
Telephone: 800.852.5711 from within the
United States
916.845.6500 from outside the
United States
TTY/TDD: 800.822.6268 for persons with
hearing or speech impairments
Asistencia Por Internet y Teléfono
Sitio web: ftb.ca.gov
Teléfono: 800.852.5711 dentro de los
Estados Unidos
916.845.6500 fuera de los Estados
Unidos
TTY/TDD: 800.822.6268 para personas con
discapacidades auditivas
o del habla
A military servicemember’s nonmilitary spouse
is considered a nonresident for tax purposes
if the servicemember and spouse have the
same domicile outside of California and the
spouse is in California solely to be with the
servicemember who is serving in compliance
with Permanent Change of Station orders.
California may require nonmilitary spouses of
military servicemembers to provide proof that
they meet the criteria for California personal
income tax exemption as set forth in the
MSRRA.
Income of a military servicemember’s
nonmilitary spouse for services performed
in California is not California source income
subject to state tax if the spouse is in California
to be with the servicemember serving in
compliance with military orders, and the
servicemember and spouse have the same
domicile in a state other than California.
For additional information or assistance in
determining whether the applicant meets the
MSRRA requirements, get FTB Pub. 1032.
Specific Instructions
Payee Instructions
Enter the withholding agent’s name.
Enter the payee’s information, including the
taxpayer identification number (TIN) and check
the appropriate TIN box.
You must provide an acceptable TIN as
requested on this form. 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 CA SOS file number.
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 – Follow the country’s
practice for entering the city, county, province,
state, country, and postal code, as applicable,
in the appropriate boxes. Do not abbreviate the
country name.
Exemption Reason – Check the box that
reflects the reason why the payee is exempt
from the California income tax withholding
requirement.
Withholding Agent Instructions
Keep Form 590 for your records. The
certification remains valid for 5 years or until
the payee’s status changes. Do not send this
form to the FTB unless it has been specifically
requested.
For more information, contact Withholding
Services and Compliance, see Additional
Information.
