Steven Cashiola Steven Cashiola

Foreign Sellers of US Real Estate: Understanding Federal and California Withholding Rules

When a foreign person sells real estate located in the United States, special tax withholding rules apply at both the federal and state levels. These rules often surprise sellers and buyers alike because the tax is withheld at closing based on the gross sales price rather than the actual gain. Understanding how these rules work in advance can prevent cash flow surprises and compliance issues during escrow.

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Steven Cashiola Steven Cashiola

New Car Loan Interest Deduction Explained for Taxpayers

Congress has created a brand new tax deduction for personal car loan interest as part of the One Big Beautiful Bill Act, signed into law on July 4, 2025. This deduction did not previously exist under federal tax law. The IRS proposed regulations known as REG 113515 25 explain how the new law passed by Congress will be administered and enforced.

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Steven Cashiola Steven Cashiola

Executor Personal Liability for Estate Taxes: Lessons From the Estate of Spenlinhauer Case

In Estate of Spenlinhauer v. Commissioner, T.C. Memo. 2025-134, the United States Tax Court upheld a multimillion dollar estate tax deficiency and penalties against both an estate and its executor personally. The case illustrates how delayed filings, unsupported valuations, and improper asset transfers can expose executors and beneficiaries to severe financial consequences long after a death occurs.

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Steven Cashiola Steven Cashiola

California Proposed Regulation Expands Taxation of Deferred Real Estate Gains for Nonresidents

The California Franchise Tax Board has released proposed amendments to California Code of Regulations Title 18 section 17951-7 addressing how gains and losses from real property are sourced for nonresidents.

Although described in part as clarifications and technical revisions, the proposed amendments are significant and substantive. They materially reshape how California sources both deferred and recognized gain involving California real property, including transactions arising from like kind exchanges under Internal Revenue Code section 1031 and involuntary conversions under Internal Revenue Code section 1033.

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