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-   -   Non-resident with capital gain (https://www.askmehelpdesk.com/showthread.php?t=429100)

  • Dec 28, 2009, 08:54 PM
    air2009
    Non-resident with capital gain
    I lived outside US for the whole year of 2009. But I have a US brokerage account, and got capital gain for about $2000 in year 2009. My question is whether I need file a tax return. Is there any publication from IRS I can take as a reference? Thanks in advance.
  • Dec 29, 2009, 06:45 AM
    Five Rings

    Capital gains on the sale of personal property (like stock) enjoyed by a nonresident alien are not taxable in the US under US domestic law. See:
    Sec. 865. Source rules for personal property sales

    This is not a treaty issue.

    Since the gain is sourced without the US under sec. 865(a)(2) your only concern is the taxing statutes in your country of residence on this item of income.
  • Dec 29, 2009, 12:38 PM
    MukatA

    If you are not a U.S. citizen or resident, then the capital gain from shares is not taxable. You should complete W-8BEN and give it to the brokerage company.
  • Dec 29, 2009, 01:16 PM
    air2009

    Thanks a lot.
    But the brokerage company doesn't withhold the tax on my capital gains, do I still need to provide form w-8ben to it? Many thanks.
  • Dec 29, 2009, 01:29 PM
    AtlantaTaxExpert
    File the W-8BEN with the broker just to be safe.

    If no funds were withheld and no taxes are due, then nothing needs to be filed with the IRS.
  • Dec 29, 2009, 01:35 PM
    air2009

    Thanks for your quick reply. Really appreciate it.
  • Dec 30, 2009, 09:43 AM
    AtlantaTaxExpert
    Glad to help!

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