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The California Form 590-P, known as the Nonresident Withholding Exemption Certificate for Previously Reported Income, serves an essential purpose for nonresident shareholders, partners, or members of S corporations, partnerships, and limited liability companies (LLCs). This form is particularly relevant for those who have already reported certain income on their California tax returns. By completing Form 590-P, individuals can certify that their share of income from a pass-through entity has been previously reported, thus exempting them from additional withholding on current year distributions. It’s important to note that this exemption only applies to domestic nonresident individuals, as foreign partners or members do not qualify. Additionally, the form must be kept on file by the entity for record-keeping purposes and should not be submitted directly to the Franchise Tax Board. Understanding the requirements and proper use of Form 590-P can help streamline the tax process, ensuring compliance while minimizing unnecessary withholding for eligible individuals.

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Nonresident Withholding Exemption Certificate

CALIFORNIA FORM

 

 

 

 

 

 

 

 

 

590-P

 

 

 

 

 

 

 

 

 

for Previously Reported Income

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Keep this form with your S corporation, partnership, or limited liability company (LLC) for their records.

Name of S corporation shareholder, partner, or member

Address (number and street, PO Box, or PMB no.)

Apt. no./Ste. no.

City

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State

ZIP Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Entity type: Individual, Corporation, Estate or Trust, LLC, or Partnership

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

m SSN or ITIN m CA corp. no. m FEIN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

m฀SOS file no.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To ______________________________________________________

(Withholding agent, S corporation, partnership, or LLC)

Certiicate of previously reported income

This exemption form is for current or prior year’s income that has been reported on the pass-through entity’s California income tax return.

Under penalties of perjury, I hereby certify that the California source income from the above-named S corporation, partnership, or LLC, (as shown on Schedules K-1 (100S, 565, or 568), or other documents provided by the S corporation, partnership, or LLC) for the year(s) ___________________ has already

been reported as California source income on the above-named S corporation shareholder’s, partner’s, or member’s California income tax return for taxable year(s) ____________________ and that no withholding is required. (The S corporation shareholder, partner, or member must have iled a California income tax

return prior to signing this certiicate.)

Name and title (type or print) _____________________________________________________________ Daytime telephone no. (____)__________________

Signature __________________________________________________________________________________________ Date ______________________

For Privacy Notice, get form FTB 1131.

General Information

References in these instructions are to the California Revenue and Taxation Code (R&TC).

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 inancial institutions release of loan funds made in the normal course of business are exempt from backup withholding. For additional information on California backup withholding, go to ftb.ca.gov and search for backup withholding.

Private Mail Box (PMB) – Include the PMB in the address ield. Write “PMB” irst, 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 590-P, Nonresident Withholding Exemption Certiicate for Previously Reported Income, to certify an exemption from withholding on current year distributions of an S corporation’s, partnership’s, or LLC’s prior year income if you are a domestic (nonforeign) nonresident S corporation shareholder, partner, or member. Foreign (non-U.S.) partners or members cannot use this form. If you have already reported the income represented by this distribution on your California tax return as income from California sources, ile Form 590-P with the S corporation, partnership, or LLC.

The S corporation, partnership, or LLC will be relieved of the withholding requirements for your share of this distribution when relying in good faith on a completed and signed Form 590-P.

Do not use Form 590-P if you are one of the following:

A foreign (non-U.S.) partner or member. There is no provision under R&TC Section 18666 to allow an exemption from withholding for a foreign partner or member.

An S corporation shareholder, partner, or member who is a resident of California or an S corporation shareholder, partner, or member who has a permanent place of business in California. Instead use Form 590, Withholding Exemption Certiicate.

Your income is not yet reported on your California tax return.

Get Form 588, Nonresident Withholding Waiver Request, to request a waiver of withholding on payments of current year California source income.

B Requirement

R&TC Section 18662 and related regulations require withholding of income or franchise tax by S corporations, partnerships, or LLCs when distributions of money or property that represent California source income are made to S corporation shareholders, partners, or members that are nonresidents of California.

Distributions subject to withholding include, but are not limited to, distributions that represent current year’s income or prior year’s income that should have been, but was not previously reported as income from California sources on the S corporation’s, partner’s, or member’s California income tax return. However, no withholding is required if the total distributions of California source income to the S corporation shareholder, partner, or member are $1,500 or less during the calendar year. For more information on S corporation, partnership, or

LLC withholding, get FTB Pub. 1017, Resident and Nonresident Withholding Guidelines.

Specific Instructions

S Corporations, Partnerships, or LLCs. Do not send this form to the FTB. The withholding agent retains this form for a minimum of four years and must provide it to the FTB upon request. This form may be completed for each distribution of prior year’s income or it may be completed by the S corporation shareholders, partners, or members annually. For more information, call:

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.

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 personas con discapacidades auditivas y del habla

7071113

Form 590-P C2 2011

Form Specifications

Fact Name Details
Form Title California Form 590-P is known as the Nonresident Withholding Exemption Certificate for Previously Reported Income.
Purpose This form certifies an exemption from withholding on distributions of prior year income for nonresident S corporation shareholders, partners, or members.
Governing Law The form is governed by the California Revenue and Taxation Code (R&TC) Section 18662.
Eligibility Only domestic (nonforeign) nonresident individuals can use this form. Foreign partners or members are not eligible.
Income Reporting Income must have already been reported on the California tax return before this form can be submitted.
Withholding Requirement No withholding is required if total distributions are $1,500 or less during the calendar year.
Retention Period The withholding agent must keep this form for a minimum of four years.
Form Submission This form should not be sent to the Franchise Tax Board (FTB); it is retained by the withholding agent.
Contact Information For inquiries, contact the FTB at 888.792.4900 or visit ftb.ca.gov.
Related Forms Form 590 is used for California residents or those with a permanent place of business in California.

California 590 P: Usage Guidelines

Completing the California 590 P form is essential for certifying an exemption from withholding on distributions related to previously reported income. Follow the steps carefully to ensure the form is filled out correctly.

  1. Obtain the Form: Download the California 590 P form from the California Franchise Tax Board website.
  2. Fill in Your Information: Enter the name of the S corporation shareholder, partner, or member at the top of the form.
  3. Provide Your Address: Fill in your complete address, including street number, city, state, and ZIP code. If applicable, include your apartment or suite number.
  4. Select Entity Type: Indicate whether you are an Individual, Corporation, Estate or Trust, LLC, or Partnership by marking the appropriate box.
  5. Enter Identification Numbers: Provide your Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), California corporation number, Federal Employer Identification Number (FEIN), or Secretary of State (SOS) file number as applicable.
  6. Identify the Withholding Agent: Write the name of the withholding agent, which could be the S corporation, partnership, or LLC.
  7. Certify Previously Reported Income: Fill in the years for which the income has been reported on your California tax return. Ensure that you have already reported this income.
  8. Sign the Form: Type or print your name and title, provide your daytime telephone number, and sign the form. Include the date of signing.
  9. Keep the Form: Retain a copy of the completed form for your records and submit it to the withholding agent, not the Franchise Tax Board.

After completing the form, ensure that it is submitted to the appropriate withholding agent. They will retain it for their records and may need to provide it to the Franchise Tax Board upon request. It's crucial to keep a copy for your own records as well.

Your Questions, Answered

What is the purpose of the California 590 P form?

The California 590 P form, also known as the Nonresident Withholding Exemption Certificate for Previously Reported Income, serves to certify that certain income has already been reported on a California income tax return. This form is specifically for nonresident S corporation shareholders, partners, or members who have received distributions from an S corporation, partnership, or LLC. By submitting this form, you can exempt these distributions from withholding, provided the income has been reported in the prior year.

Who should use the California 590 P form?

This form is intended for domestic nonresident individuals who are shareholders, partners, or members of an S corporation, partnership, or LLC. It is important to note that foreign partners or members cannot use this form. Additionally, California residents or those with a permanent business presence in the state should use Form 590 instead. If your income has not yet been reported on your California tax return, you will need to request a waiver using Form 588 instead of Form 590 P.

What information is required to complete the California 590 P form?

To complete the California 590 P form, you will need to provide specific details, including your name, address, and entity type (individual, corporation, estate or trust, LLC, or partnership). You must also include your Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), California corporation number, or Federal Employer Identification Number (FEIN). Additionally, you will need to specify the withholding agent and certify that the income has been reported on your California tax return.

What happens after I submit the California 590 P form?

Once you submit the California 590 P form to the S corporation, partnership, or LLC, they will retain it for a minimum of four years. This form serves as proof that the income has been reported, allowing the withholding agent to relieve themselves of the withholding requirement for your share of the distribution. It is crucial to ensure that the form is completed accurately and submitted timely to avoid any unnecessary withholding.

Is there a specific deadline for submitting the California 590 P form?

While there is no specific deadline mentioned for submitting the California 590 P form, it is advisable to complete and submit it as soon as you receive a distribution that qualifies for exemption. Timely submission ensures that the withholding agent can process your request without delay. If you have questions about your specific situation, consider reaching out to the Franchise Tax Board or a tax professional for guidance.

Common mistakes

  1. Failing to include the correct entity type. It's crucial to specify whether the entity is an individual, corporation, estate or trust, LLC, or partnership.

  2. Not providing a valid Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN). Ensure that this information is accurate to avoid delays.

  3. Omitting the name and title of the signer. This information is necessary for the form's validity.

  4. Incorrectly filling out the address section. Include the complete address, including any Private Mail Box (PMB) information if applicable.

  5. Not indicating the date of signing. This is a critical detail that must be included for the form to be processed.

  6. Failing to report income on the California tax return before signing the certificate. The income must be reported prior to completing this form.

  7. Using the form when not eligible. Ensure that you meet the criteria for using Form 590-P, as foreign partners or those with California residency should not use it.

  8. Submitting the form to the Franchise Tax Board (FTB). The withholding agent should retain the form, not submit it.

  9. Not keeping a copy of the completed form for personal records. It's essential to retain a copy for future reference.

  10. Ignoring the minimum distribution threshold. Remember that if total distributions are $1,500 or less, no withholding is required, which may impact the need for this form.

Documents used along the form

The California 590 P form is an essential document for nonresident shareholders, partners, or members of S corporations, partnerships, or LLCs. It certifies an exemption from withholding on previously reported income. Along with this form, several other documents are commonly used to ensure compliance with California tax regulations. Below is a list of these documents, along with brief descriptions of their purposes.

  • Form 590: This form is a Withholding Exemption Certificate used by California residents to claim an exemption from withholding on payments of California source income. It is different from Form 590 P, which is specifically for nonresidents.
  • Form 588: This is a Nonresident Withholding Waiver Request. Nonresidents can use it to request a waiver of withholding on payments of current year California source income, particularly if they have not yet reported the income on their tax returns.
  • Schedule K-1: This document reports a partner’s or shareholder’s share of income, deductions, and credits from partnerships or S corporations. It is crucial for determining tax obligations and verifying reported income.
  • Form 1040NR: This is the U.S. Nonresident Alien Income Tax Return. Nonresidents use it to report income and calculate tax liability in the United States.
  • Form 1065: This form is used by partnerships to report income, deductions, gains, and losses from operations. It provides essential information for partners regarding their share of the partnership’s income.
  • Form 1120S: This is the U.S. Income Tax Return for an S Corporation. It is used to report the income, gains, losses, deductions, and credits of an S corporation, and it is essential for shareholders to understand the corporation’s financial performance.
  • FTB Publication 1017: This publication provides guidelines for resident and nonresident withholding in California. It offers detailed information about withholding requirements and exemptions.
  • Form FTB 1131: This is the Privacy Notice form. It informs individuals about how their personal information is collected, used, and protected by the Franchise Tax Board (FTB).

Understanding these documents and their purposes can help ensure compliance with California tax laws. Properly managing tax obligations is crucial for both individuals and entities involved in business activities within the state.

Similar forms

The California 590 P form serves a specific purpose in the realm of tax withholding for nonresidents. There are several other forms that share similarities with it. Below is a list of six documents that are comparable to the California 590 P form, along with a brief explanation of how they are similar:

  • Form 590: This form is used by California residents to claim an exemption from withholding on California source income. Like the 590 P, it certifies that income has been reported on a tax return, but it is specifically for residents rather than nonresidents.
  • Form 588: This form is a Nonresident Withholding Waiver Request. It allows individuals to request a waiver of withholding on current year California source income. Both forms serve to alleviate withholding requirements but apply to different circumstances regarding income reporting.
  • Form W-8BEN: This is used by foreign individuals to certify their foreign status and claim a reduced rate of withholding on U.S. income. While the 590 P is for nonresident U.S. taxpayers, both forms address withholding exemptions based on income status.
  • Form W-9: This form is used by U.S. persons to provide their taxpayer identification number to payers. Similar to the 590 P, it is related to tax reporting and withholding, ensuring that the correct information is available for tax purposes.
  • Form 1040NR: This is the U.S. Nonresident Alien Income Tax Return. It is used by nonresidents to report income. The 590 P form supports the filing of the 1040NR by certifying that certain income has already been reported.
  • Form 1065: This is the U.S. Return of Partnership Income. Partnerships use this form to report income, deductions, and other tax information. The 590 P form can relate to income reported on the 1065, particularly for nonresident partners.

Dos and Don'ts

When filling out the California 590 P form, consider these important do's and don'ts:

  • Do ensure you have reported the income on your California tax return before submitting the form.
  • Do include your complete address, including PMB if applicable, in the designated field.
  • Don't use this form if you are a foreign partner or member; it is not applicable to you.
  • Don't send the completed form to the Franchise Tax Board; retain it with your records instead.

Misconceptions

Understanding the California 590 P form can be challenging, and several misconceptions often arise. Here are eight common misunderstandings about this form:

  • Only California residents can use the form. This is not true. The 590 P form is specifically for nonresident S corporation shareholders, partners, or members who have reported income from California sources.
  • Form 590 P must be submitted to the Franchise Tax Board (FTB). In fact, this form should not be sent to the FTB. Instead, it is retained by the withholding agent, such as the S corporation or partnership.
  • All distributions require withholding. This is a misconception. If the total distributions of California source income are $1,500 or less during the calendar year, no withholding is required.
  • Foreign partners can use the form. This is incorrect. The 590 P form is not available for foreign (non-U.S.) partners or members.
  • The form can be used for any type of income. This is misleading. The 590 P form is only applicable for previously reported income on the pass-through entity’s California income tax return.
  • Once submitted, the form is valid indefinitely. This is not the case. The withholding agent must keep the form for a minimum of four years and provide it to the FTB upon request.
  • All nonresidents must file a California tax return to use the form. While the S corporation shareholder, partner, or member must have filed a California income tax return, this requirement applies only to those using the 590 P form.
  • The form can be used for current year income. This is a misunderstanding. The 590 P form is intended for prior year income that has already been reported on the California tax return.

Being aware of these misconceptions can help individuals navigate the complexities of the California 590 P form more effectively.

Key takeaways

Here are some important points to remember when filling out and using the California 590 P form:

  • Purpose of the Form: The California 590 P form is used to certify an exemption from withholding for nonresident S corporation shareholders, partners, or members who have already reported their income on a California tax return.
  • Eligibility: Only domestic nonresident individuals can use this form. Foreign partners or members are not eligible.
  • Income Reporting: Ensure that the income represented by the distribution has been reported on your California tax return. This is crucial for the exemption to apply.
  • Filing Requirements: Do not send the form to the Franchise Tax Board (FTB). Keep it with the S corporation, partnership, or LLC for their records.
  • Retention Period: The withholding agent must keep this form for at least four years and provide it to the FTB if requested.
  • Withholding Threshold: If the total distributions of California source income are $1,500 or less during the calendar year, no withholding is required.
  • Contact Information: For questions or assistance, you can call the FTB at 888.792.4900 or visit their website at ftb.ca.gov.

Following these guidelines can help ensure that you correctly complete the California 590 P form and understand its use. If you have any uncertainties, don't hesitate to seek assistance.