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    ofmc1's Avatar
    ofmc1 Posts: 7, Reputation: 1
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    #1

    Oct 20, 2012, 11:24 AM
    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
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Oct 21, 2012, 08:12 AM
    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.
    ofmc1's Avatar
    ofmc1 Posts: 7, Reputation: 1
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    #3

    Oct 21, 2012, 08:39 AM
    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
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Oct 21, 2012, 04:58 PM
    The treaty does BOTH (reduce withholding and tax liability).
    ofmc1's Avatar
    ofmc1 Posts: 7, Reputation: 1
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    #5

    Oct 22, 2012, 07:59 AM
    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
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Oct 22, 2012, 11:18 AM
    Some treaties (like the Canadian treaty) specifically identify IRAs as treaties. Other do not.

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