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Backup withholding trust distributions Form: What You Should Know

For example, if you received a payment using Form 1099, the payment is not subject to backup withholding but remains taxable. As a California resident, you may want to file a notice of audit to receive any backup withholding. If you are a California nonresident making backup withholding, file a Notice of Nonpayment of Estimated Tax with the appropriate California governmental unit for the filing due date (usually April 30th for non-resident filers). (If you filed under the Payroll Deductions and Credits To Individuals In the Service Section of the tax code, you need to file Form 2103-X or Form 2183 and provide all information as a nonresident. You must report your backup withholding from Form 2103-X or Form 2183.) The notification that you have been notified will generally state that backup withholding is required. The payee should withhold additional tax as required. To calculate, the payee must find the amount of backup withholding on Forms 2103-X or 2183 and enter it on either Form 1003 (IRS Form 1040) or Form 1040A (IRS Form 1040EZ). How does backup withholding work? California has a system for distributing backup withholding payments to the beneficiaries of estates. The payee does not have to make a payment from the pay s account to the estate s account. The payee is simply making additional payments to the estate. The distribution is subject only to the backup withholding that is paid by the estate. (You may have to pay back to the IRS a part of the backup withholding that you paid to your estate.) If you do not make payments to the estate, the estate is required to pay it. California's backup withholding tax is not an annual tax. California's law lets you file for the first period, and any subsequent return, once per year, during the backup withholding payment period. To the extent backup withholding is paid to the estate, the distribution is not subject to backup withholding. However, if an estate has backup withholding paid, the tax will be paid. See the California section of this book. You can file a notice of audit, if you qualify, if the payee has backup withholding (to the exclusion of any backup withholding that was paid by the estate). If you believe that backup withholding has been paid to a nonresident. California backup withholding also is an estate tax if you have nonresident beneficiaries (that is, if your payees have a nonresident beneficiary).

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