Hi,

I am confused as a foreigner (non-resident, no green card, etc.) who has filed W-8BEN form with my bank and brokerage houses. I have SSN because I was studying and working in the US before. In 2003 I left the US for good.

My questions are:
1. Do I need to file income tax if I have (positive) capital gain from stock trading?
One tax consultant told me I have to file if I make more than US$11k in that tax year. Another friend of mine who has similar status said it's not necessary.

2. Same as question 1 but this is for my 401k account. Will I be taxed if I withdraw the money after retirement age (assuming I am still a non-resident at that time)?

I greatly appreciate your advice. If possible, please point me to the official documents regarding these issues.

Thank you.

You will need to file a tax return for the capital gains realized from the stcok trading.

Once distributions are made from the 401K, tax returns will need to be filed to declare the income received.