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phataka
Jun 19, 2012, 11:21 PM
I'm an Indian (nonresident alien for US govt), left USA about 6 years ago, did not file tax returns for 4 years now. I've about $4000 in vanguard that I'd like to transfer to Indian bank. I don't have ANY income in USA for last 6 years.

Vanguard asked me to complete IRS Form W-8BEN which may reduce or eliminate the 30% mandatory withholding rate.

In form W-8BEN/part-II/line 10: it says "Special rates and conditions: The beneficial owner is claiming the provisions of Article of the XXXXXX treaty identified on line 9a above to claim a?? % rate of withholding on (specify type of income): XXXXXX
Explain the reasons the beneficial owner meets the terms of the treaty article: XXXXXX

My question to the tax guru is: is there a treaty between USA and India which will reduce or eliminate the 30% mandatory withholding when I take the funds out of IRA account? Would you be kind enough to inform the article number and the %?

Thanks in advance. Your advise is greatly appreciated.