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Q: C-corp dividents for a foreign partner, withholding? ( No Answer,   1 Comment )
Question  
Subject: C-corp dividents for a foreign partner, withholding?
Category: Business and Money > Accounting
Asked by: bkont-ga
List Price: $20.00
Posted: 19 Mar 2004 17:43 PST
Expires: 18 Apr 2004 18:43 PDT
Question ID: 318502
We're going to distribute profit of our C-corp. It has 3 partners: 2
U.S. residents and a foreign individual. The question is if we should
withhold 30% tax on profit portion to be paid to the foreign partner. I've
tried to go through IRS instructions and it looks like that NOT, but
some paperwork is involved:

- the foreign partner has to get a TIN;
- supply Form W-8ECI claiming exemption as "income effectively
connected with a U.S. trade or business";
- file Form 1042-S next year with -0- tax.

Is this correct or I missed/misunderstood something? A good advice on
withholding tax, if any, is really appreciated!
Answer  
There is no answer at this time.

Comments  
Subject: Re: C-corp dividents for a foreign partner, withholding?
From: mike48-ga on 07 Apr 2004 20:12 PDT
 
The Internal revenue Code requires 30% withholding on dividends paid
to foreign persons ( IRC section 871).  his is not "Effectively
Connected Income".
However the 30% rate may be reduced or even eliminated if the U.S. has
a Income Tax Treaty with the nation of the recipient of the dividends.
 The IRS has a publication detailing the different treaties and the
negotiated "Treaty Rates" for the withholding tax.

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