California Form 592-F - Foreign Partner Or Member Annual Return - 2015 Page 3
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42015 Instructions for Form 592-F
Foreign Partner or Member Annual Return
General Information
corporation number (CA Corp no.); or CA SOS file
To amend Form 592-F previously filed on the
number. Failure to provide a valid TIN will result in
correct taxable year form, but reporting incorrect
At the end of the taxable year, partnerships and
the denial of the backup withholding credit.
information:
limited liability companies (LLCs) complete
Submitting Payments – Use the Supplemental
• Complete a new Form 592-F with the correct
Form 592-F, Foreign Partner or Member Annual
Payment Voucher from Form 592-A if you
information. Use the same year form as the
Return, to report the total withholding for the year
have a final withholding payment to remit with
original form, and include all original payees.
and to allocate the income and related withholding
Form 592-F.
Do not use negative numbers when completing
to the foreign partners or members. When filing
Form 592-F.
Form 592-F with the Franchise Tax Board (FTB),
Do Not Round Cents to Dollars – On this form,
• Check the “Amended” box at the top of the form.
the withholding agent is no longer required to
do not round cents to the nearest whole dollar.
• Include a letter explaining what changes were
submit to the FTB Form 592-B, Resident and
Enter the amounts with dollars and cents as
made and why.
Nonresident Withholding Tax Statement, for
actually withheld.
each partner or member. However, withholding
Important: If you are amending only to correct the
A Purpose
agents must continue to provide the partners or
payee ID, contact us at the number listed under
members with copies of Form 592-B.
Additional Information.
Use Form 592-F to report the total withholding for
For California withholding purposes:
To amend a Form 592-F previously filed using an
the year on foreign partners or members under
incorrect taxable year form:
California Revenue and Taxation Code (R&TC)
• Nonresident includes all of the following:
Section 18666. Form 592-F is also used by
• Individuals who are not residents of
• Complete a new Form 592-F with the
pass-through entities to pass-through withholding
California.
withholding information using the correct year
credit to their foreign partners or members.
• Corporations not qualified through the
form. Do not check the “Amended” box on the
California Secretary of State (CA SOS)
top left corner of the form.
Do not use Form 592-F if:
to do business in California or having no
• Complete a second Form 592-F using the
• You are reporting withholding on domestic
permanent place of business in California.
same year form as originally filed. Check the
nonresident partners or members. Use
• Partnerships or LLCs with no permanent
“Amended” box in the top left corner of the
Form 592, Resident and Nonresident
place of business in California.
form. Enter $0.00 as the amount withheld.
Withholding Statement.
• Any trust without a resident grantor,
Mail the amended form(s) and letter(s) to the
• You are the buyer or escrow person
beneficiary, or trustee, or estates where the
address listed under General Information C, When
withholding on the sale of real estate. Use Form
decedent was not a California resident.
and Where to File.
593, Real Estate Withholding Tax Statement, to
• Foreign refers to non-U.S.
report real estate withholding.
Example: If a payee was incorrectly included on
Withholding on foreign partners or members
the original 2015 Form 592-F with an Amount
B When and Where to File
is remitted to the FTB using Form 592-A,
of Tax Withheld of $100, but should have been
Payment Voucher for Foreign Partner or Member
included on the 2014 Form 592-F, complete an
For withholding on foreign partners or members,
Withholding. For more information on the
Amended Form 592-F for 2015. Enter $0.00 as
file Form 592-F, on or before the 15th day of the
withholding requirements or to send withholding
the corrected Amount of Tax Withheld. Then, file
4th month following the close of the partnership’s
payments during the year, get Form 592-A.
an Amended Form 592-F for 2014. Include the
or LLC’s taxable year. If all the partners or
payee that was originally left off as well as all of
members are foreign, Form 592-F must be filed on
A foreign partner may request to reduce or
the payees from the original 2014 Form 592-F.
or before the 15th day of the 6th month after the
eliminate withholding of California tax on
close of the partnership’s or LLC’s taxable year.
effectively connected taxable income (ECTI)
D Federal Extension
from California sources allocable to a foreign
Mail Form 592-F, the Supplemental Payment
partner (Federal Treasury Regulation 1.1446-6).
Check the “Federal Extension” box at the top
Voucher from Form 592-A, and payment to:
The foreign partner must first sign and send
of the form if you filed for an extension to file
WITHHOLDING SERVICES AND
federal Form 8804-C, Certificate of Partner-Level
federal Form 8804, Annual Return for Partnership
COMPLIANCE
Items to Reduce Section 1446 Withholding,
Withholding Tax (Section 1446).
FRANCHISE TAX BOARD
to the partnership. The foreign partner must
Caution: An extension to file is not an extension
PO BOX 942867
sign and send Form 589, Nonresident Reduced
to pay. The final withholding payment is due on
SACRAMENTO CA 94267-0651
Withholding Request, to the FTB along with a
or before the original due date for Form 592-F
Important: If Form 592-F was filed electronically,
signed copy of federal Form 8804-C. The FTB will
regardless of an extension to file.
submit only your payment due and Form 592-A.
review the request within 21 business days. If the
request is approved, the partnership should remit
E Electronic Filing Requirements
Record Keeping – The withholding agent retains
the reduced withholding amount to the FTB along
this form for a minimum of four years and must
When the number of payees on Form 592-F is
with Form 592-A.
provide it to the FTB upon request.
250 or more, Form 592-F must be filed with the
Backup Withholding – With certain limited
10-Day Notification – California follows federal
FTB electronically, using the FTB’s Secure Web
exceptions, payers that are required to withhold
law, which requires that withholding agents notify
Internet File Transfer (SWIFT), instead of paper.
and remit backup withholding to the Internal
foreign payees within 10 days of any tax withheld.
However, withholding agents must continue to
Revenue Service (IRS) are also required to
For California withholding purposes, withholding
provide payees with paper copies of Form 592-B.
withhold and remit to the FTB on income sourced
agents should make a similar notification to
to California. The California backup withholding
For electronic filing, submit your file using the
nonresident payees. No particular form is required
rate is 7% of the payment. For California
for this notification, and it is commonly done on
SWIFT process as outlined in FTB Pub. 923,
purposes, dividends, interests, and any financial
the statement accompanying the distribution or
SWIFT Guide for Resident, Nonresident, and Real
institutions release of loan funds made in the
payment. However, the withholding agent may
Estate Withholding.
normal course of business are exempt from
choose to report the tax withheld to the payee on
For the required file format and record layout for
backup withholding. For more information, go to
a Form 592-B.
electronic filing, get FTB Pub. 1023S, Resident and
ftb.ca.gov and search for backup withholding.
Nonresident Withholding Electronic Submission
C Amending Form 592-F
If a payee has backup withholding, the payee
Requirements.
must contact the FTB to provide a valid
If an error is discovered after Form 592-F has
If you are the preparer for more than one
Taxpayer Identification Number (TIN) before
been filed, an amended Form 592-F must be filed
withholding agent, provide a separate electronic
filing a tax return. The following are acceptable
to correct the error. Amended forms can only be
file for each withholding agent.
TINs: social security number (SSN); individual
filed by the withholding agent.
taxpayer identification number (ITIN); federal
employer identification number (FEIN); California
Form 592-F Instructions 2014 Page 1
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