The taxation of aliens involves certain essential concepts as follows.
A resident alien’s income is generally subject to tax in the same manner as a U.S. citizen. If you are a resident alien, you must report all interest, dividends, wages, or other compensation for services, income from rental property or royalties, and other types of income on your U.S. tax return. You must report these amounts whether from sources within or outside the United States.
A nonresident alien usually is subject to U.S. income tax only on U.S. source income. Under limited circumstances, certain foreign source income is subject to U.S. tax. Most U.S. source income is taxed at 30 percent. The U.S. person paying the non-resident alien withholds the thirty percent.
In some cases, if the proper Form W-8 is filed and the alien is a tax resident of a treaty party country, then a lower tax rate may apply.
If you are a member of a domestic LLC or partnership, remind your CPA of a special international tax code, section 875, on this link.
If you are in the U.S. on an investor visa and are also a non-resident, then you will be treated as a foreign partner if you invest in a domestic LLC or partnership. U.S. withholding tax applies, as explained on this link.
You are a dual status alien when you have been both a resident alien and a nonresident alien in the same tax year. This is common is the alien is a citizen of a treaty partner country. Treaty disclosure(Form 8833) must be attached to the Form 1040 and Form 1040NR.
You are a dual status alien when you have been both a resident alien and a nonresident alien in the same tax year.
Source of Income
A nonresident alien (NRA) usually is subject to U.S. income tax only on U.S. source income.
In general, all income of a nonresident alien is Fixed, Determinable, Annual, Periodical (FDAP)income. However, certain kinds of FDAP income are considered to be effectively connected with a U.S. trade or business. These two types of income are taxed in different ways.
Reporting your Income in U.S. Currency
You must express the amounts you report on your U.S. tax return in U.S. dollars. If you receive all or part of your income, or pay some or all of your expenses in foreign currency, you must translate the foreign currency into U.S. dollars.
Tax Withholding on Foreign Persons
Payments of income to foreign persons are subject to special withholding rules. In particular, foreign athletes and entertainers are subject to substantial withholding on their U.S. source gross income. This withholding can be reduced by entering into a Central Withholding Agreement with the Internal Revenue Service.
Foreign Students and Scholars
Special rules apply to the taxation of foreign students and scholars which do not apply to other kinds of aliens.
Taxpayer Identification Numbers (TIN)
Anyone (including aliens) who files a U.S. federal tax return must have a Taxpayer Identification Number (TIN). In addition, aliens who request tax treaty exemptions or other exemptions from withholding must also have a TIN.
The U.S. tax liability of aliens is determined primarily by the provisions of the U.S. Internal Revenue Code. However, the United States has entered into certain agreements known as tax treaties with several foreign countries which oftentimes override or modify the provisions of the Internal Revenue Code.
cf. IRC 7701(a)(30) and Treas.Reg. 1.1441-1(c)(2)
The term ‘United States person’ means:
A citizen or resident of the United States,
A partnership created or organized in the United States or under the law of the United States or of any State,
A corporation created or organized in the United States or under the law of the United States or of any State,
Any estate or trust other than a foreign estate or foreign trust.
See Internal Revenue Code section 7701(a)(31) for the definition of a
foreign estate and a foreign trust, or
Any other person that is not a foreign person.
cf. Treas.Reg. 1.1441-1(c)(2)
The term “foreign person” means:
- A nonresident alien individual;
- A corporation created or organized in a foreign country or under the laws of a foreign country;
- A partnership created or organized in a foreign country or under the laws of a foreign country;
- A foreign trust;
- A foreign estate, or
- Any other person that is not a U.S. person.
If you have any questions, then please call me, Brian Dooley, CPA, MBT at 949-939-3414.