What is the 3.33% tax in California?

What is the 3.33% tax in California?

Investing in real estate can be an excellent way to build wealth and create a steady stream of passive income. However, when it comes time to sell your investment property, you need to be aware of the tax implications. In California, you will have to pay a state tax of three and a third percent (3.33%) on the profits you make when selling an investment property. In this blog post, we'll take a closer look at this tax and how it can impact your real estate investment strategy.

What is the California 3.33% Tax?

The California 3.33% tax, also known as the California Nonresident Withholding Tax, is a tax that is imposed on the profits made when selling an investment property in California. This tax is applicable to non-residents of California, which means that if you live in another state or country and you own an investment property in California, you will be subject to this tax.
The tax is calculated based on the sale price of the property, and it is equal to 3.33% of the total sale price. For example, if you sell an investment property in California for $500,000, you will be required to pay a tax of $16,650 (3.33% of $500,000).

Who is Subject to the California 3.33% Tax?

As mentioned earlier, the California 3.33% tax is applicable to non-residents of California who sell investment properties in the state. You are considered a non-resident if you do not live in California for more than six months out of the year.
This tax applies to all types of investment properties, including rental properties, commercial properties, and vacation homes. However, it does not apply to the sale of your primary residence.

How to Avoid the California 3.33% Tax?

If you want to avoid the California 3.33% tax, you have a few options. One option is to become a California resident. If you become a California resident, you will not be subject to this tax when selling your investment property.
Another option is to complete a California Form 593-C, which allows you to request a waiver of the 3.33% tax. To qualify for a waiver, you must meet certain conditions, including having a lower tax liability in California than the 3.33% tax.
Finally, you can also consider a 1031 exchange, which allows you to defer paying taxes on the profits made from selling your investment property. This strategy involves using the proceeds from the sale of your property to purchase another investment property within a certain timeframe.


If you are a non-resident of California and you own an investment property in the state, you will be subject to the California 3.33% tax when you sell the property. This tax can significantly impact your profits, so it's essential to factor it into your real estate investment strategy. However, with careful planning and the right strategy, you can avoid or minimize this tax and maximize your profits. As always, it's best to consult with a tax professional to determine the best course of action for your specific situation.

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She enjoys working with first-time home buyers as well as real estate investors. She owns rental properties in Sacramento and Elk Grove and understands how to work with investors to achieve their real estate goals.

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