SB 495 — Income taxes: withholding: real property sales.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.
-
✓Introduced
-
2In Committee
-
3Passed Senate
-
4Passed Assembly
-
5To Executive
-
6Enacted
This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Existing law requires the transferee of a California real property interest, in specified circumstances, to withhold, for income tax purposes, 313% of the sales price of the property when the property is acquired from either an individual, or a partnership or corporation without a permanent place of business, as specified. Existing law also allows, by election of the transferor, alternative withholding amounts that are not less than the amount of gain required to be recognized under income tax laws multiplied by the corporation tax rate, bank and financial corporate tax rate, the highest personal income tax rate, or the current "S" corporation tax rate plus the highest personal income tax rate, as applicable. This bill would eliminate these withholding provisions for the disposition of a California real property interest that occurs on or after January 1, 2016, and would instead require the transferee of a California real property interest to withhold 3â…“% of the purchase price of the property if the property was either acquired from a person, who is not a resident or who after the transfer of the real property will no longer be a resident of this state, or from a corporation, if after the transfer that corporation has no permanent place of business in this state.
Bill Text
- Amended 04/22/15 - Amended Senate Current pdf April 22, 2015
- Introduced 02/26/15 - Introduced pdf February 26, 2015
- SB495 View text html
Action History
-
Returned to Secretary of Senate pursuant to Joint Rule 56.
-
May 28 hearing: Held in committee and under submission.
-
Set for hearing May 28.
-
May 4 hearing: Placed on APPR. suspense file.
-
Set for hearing May 4.
-
Read second time and amended. Re-referred to Com. on APPR.
-
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 618.) (April 15).
-
Set for hearing April 15.
-
Referred to Com. on GOV. & F.
-
From printer. May be acted upon on or after March 29.
-
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Mark Stone · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Leyva | — | Yea |
| Hill | — | Yea |
| Bates | — | Yea |
| Beall | — | Yea |
| Lara | — | Yea |
| Mendoza | — | Yea |
| Nielsen | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Hernandez | — | Yea |
| Hertzberg | — | Yea |
| Lara | — | Yea |
| Bates | — | Yea |
| Pavley | — | Yea |
| Nguyen, Stephanie | Democratic | Yea |
Subjects
Frequently asked questions
- What does SB 495 do?
- Existing law requires the transferee of a California real property interest, in specified circumstances, to withhold, for income tax purposes, 313% of the sales price of the property when the property is acquired from either an individual, or a partnership or corporation without a permanent place of business, as specified. Existing law also allows, by election of the transferor, alternative withholding amounts that are not less than the amount of gain required to be recognized under income tax laws multiplied by the corporation tax rate, bank and financial corporate tax rate, the highest personal income tax rate, or the current "S" corporation tax rate plus the highest personal income tax rate, as applicable. This bill would eliminate these withholding provisions for the disposition of a California real property interest that occurs on or after January 1, 2016, and would instead require the transferee of a California real property interest to withhold 3â…“% of the purchase price of the property if the property was either acquired from a person, who is not a resident or who after the transfer of the real property will no longer be a resident of this state, or from a corporation, if after the transfer that corporation has no permanent place of business in this state.
- Who sponsors SB 495?
- SB 495 is sponsored by Mark Stone.
- What is the current status of SB 495?
- This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 495?
- Track SB 495 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 495
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 495
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →