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"Generally ***foreign source income*** received by a nonresident alien is not subject to U.S. taxation. Refer to Source of Income for more information."
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咁我地又睇下什麼是 foreign source
2) Dividends paid by foreign corporations
IRS 的 Publication 515 https://www.irs.gov/publications ... 7_publink1000224882
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"Dividends paid by foreign corporations (Income Code 8). ***Dividends paid by a foreign corporation are generally not subject to chapter 3 withholding and are not withholdable payments.*** This exception does not require a Form W-8. However, a Form W-8 may be required for purposes of Form 1099 reporting and backup withholding.
The payment to a foreign corporation by a foreign corporation of a deemed dividend under section 304(a)(1) of the Code is subject to chapter 3 withholding and may be a withholdable payment except to the extent it can be clearly determined to be from foreign sources.
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"ii) Furthermore, current income that is distributed to unitholders is not taxed to the REIT, ***but if the income is distributed to a non-resident beneficiary, then that income must be subject to a 30% withholding tax for ordinary dividends*** and a 35% rate for capital gains, unless the rate is lower by treaty. "
我是魔術師。 因為 May 不時到風兄和cherry那邊留言,令到我也發現這條 thread 的存在.
看來你也看了不少 IRS 的 document,值得鼓勵;不過似乎有很重要的一點,跟我的理解有分別,就是:
(effectively connected income 就係申請退稅 1040NR form 中的股息稅)
請參考 Pub 519, https://www.irs.gov/publications/p519/ch04.html#en_US_2016_publink1000222308
Publication 519 (2016), U.S. Tax Guide for Aliens
4. How Income of Aliens Is Taxed > Nonresident Aliens > Trade or Business in the United States
Trading in stocks, securities, and commodities. If your only U.S. business activity is trading in stocks, securities, or commodities (including hedging transactions) through a U.S. resident broker or other agent, you are not engaged in a trade or business in the United States.
由於買賣股票不能算是 engaged in a trade or business in the United States,所以不能算是 Effectively Connected Income(ECI)。台灣那邊有博客教人將股息收入當成是ECI報稅,再用個人免稅額退稅,我覺得有逃稅之嫌。試想你張W—8BEN已經申明自己沒有ECI,現在又以 ECI 報稅,你如何能夠自圓其說呢?
https://www.irs.gov/pub/irs-pdf/fw8ben.pdf
Part III Certification
The income to which this form relates is:
(a) not effectively connected with the conduct of a trade or business in the United States
"If you are not engaged in a trade or business, the payment of U.S. source income that is fixed, determinable, annual, or periodical is taxed at a flat 30 percent (or lower treaty rate) and ***no deductions*** are allowed against such income"
所以唔用ECI,大家可慳返不用填1040NR。
但但但....係實際上(我無講係我呀,哈)用ECI的方法又真係退到啊,還不只1年,係幾年都成功。
咁退到稅計法又唔同啦,如果將退稅再投資,減去將(或會)被IRS追回欠稅,追回利息,再加上, if any, 罰款(幾多唔知),都應該有賺的(當然每個人都不同啦)。咁唔追就會賺得更多啦,哈。
"RBS has decided not to exercise the current call option on the non-cumulative US dollar preference share series U and euro preference shares series 3. These equity accounted ‘non-step’ securities with combined nominal value of £0.8 billion(1) can provide transitional Tier 1 and Tier 2 benefit through to the end of the CRR grandfathering period in 2021. The CET1 impact from foreign currency translation of approximately £370 million(2) that would be realised upon redemption is not considered to be economical compared with the securities’ ongoing regulatory value and relative coupon cost. RBS has instead decided to prioritise calling other legacy Tier 1 instruments which provide higher economic benefit."
RBS also intend to redeem seven debt accounted Tier 1 securities with nominal value of £1.5 billion(5) over the next few months in line with their relevant terms. Redemption of these securities does not involve a CET1 impact from foreigncurrency translation and provides coupon savings ranging up to approximately 9%.
Notes:
(1) US780097AU54, XS0323734961 note nominal value reflects balance sheet notional, based on exchange rate at time of issue.
(2) Based on exchange rates as at 30 June 2017.
(3) CA780097AT83, US780097AS09, note nominal value reflects balance sheet notional, based on exchange rate at time of issue.
(4) Reflects satisfaction of forgone coupon payments during the two year EC imposed moratorium, specific to these cumulative instruments.
(5) US780097AE13, US6385398820, US7800978790, XS0121856859, US7800977883, US7800978048 and XS0159056208.