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.