Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Taxes (https://www.askmehelpdesk.com/forumdisplay.php?f=320)
-   -   Tax treatment of IRA or KEOGH withdrawals of a non USA citizen and non resident (https://www.askmehelpdesk.com/showthread.php?t=710482)

  • Oct 20, 2012, 11:24 AM
    ofmc1
    Tax treatment of IRA or KEOGH withdrawals of a non USA citizen and non resident
    I saw many different response about this but nothing clear (to me at least).
    Does anyone know the answer to following specific question:

    1. If a prior USA resident leaves USA and is no longer citizen nor resident, how will his withdrawals from an IRA and a KEOGH be treated?

    a. Is there any distinction between how IRA and how KEOGH are treated?

    B Are withdrawals treated as "effectively connected" income according to Publication 519 and thsu the person is subject to taxes as if he were a USA resident and can claim deductions )eg-charitable donations, etc) against that income?

    c. Or are withdrawals treated as other US income of a non USA tax resident and subject to a flat 30% tax rate with no ability to take deductions?

    d. do tax treaties apply if the person is resident in a western european country (eg- UK or Spain or Germany) where apparently the treaty states there I sno US wihholding nor taxed payable on pension withdrawals?

    Thanks
  • Oct 21, 2012, 08:12 AM
    AtlantaTaxExpert
    For non-residents, IRAs are taxed at a flat 30% unless the tax treaty calls for a lower rate. No deductions are allowed.

    The KEOGH may be treated differently; it depends if the tax treaty defines the KEOGH as a pension or not.
  • Oct 21, 2012, 08:39 AM
    ofmc1
    Thanks for the response.
    Interesting about not being "connected income" although was contributed (and earned) while being a USA resident.

    Do you know if tax treaty reduces just withholding rates or also US tax liability?

    Thanks
  • Oct 21, 2012, 04:58 PM
    AtlantaTaxExpert
    The treaty does BOTH (reduce withholding and tax liability).
  • Oct 22, 2012, 07:59 AM
    ofmc1
    Thanks
    The tax treaties refer to pension usually. Do they cover IRA's as
    I am not sure an IRA is legally a pension ?
    Tks
  • Oct 22, 2012, 11:18 AM
    AtlantaTaxExpert
    Some treaties (like the Canadian treaty) specifically identify IRAs as treaties. Other do not.

  • All times are GMT -7. The time now is 08:57 PM.