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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! |
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There is no answer at this time. |
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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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