Can someone explain US-sourced income NOT effectively connected with a US trade or business? Examples needed!
I've been trying to wrap my head around how the US taxes non-residents, and I'm getting confused about one specific category. From what I understand so far: * If you're a non-resident with income effectively connected to a US trade or business (like if you physically work in the US), you pay regular US tax rates. This makes sense to me. * If you're a non-resident with US-sourced income that is NOT effectively connected with a US trade or business, you're taxed at 30% or whatever your country's tax treaty rate is. This is the category I'm totally lost on! * If you're a non-resident with non-US income that's not connected to US business, you don't pay US taxes. This also makes sense. Can someone please explain what falls into that middle category? What exactly is US-sourced income that's NOT effectively connected with a US trade or business? Real examples would be super helpful because I'm completely confused about what this might include. Is it like owning US stocks? Property? Something else entirely?
18 comments


Carmen Sanchez
The middle category you're asking about is actually quite common! US-sourced income NOT effectively connected with a US trade or business typically includes passive income like: - Dividends from US companies - Interest income from US banks or bonds - Royalties from intellectual property used in the US - Rental income from US properties (if you're not in the real estate business) - Certain capital gains from selling US assets - Gambling winnings in the US This type of income is usually subject to a flat 30% withholding tax (or lower if there's a tax treaty). The key difference is that this income doesn't require your active participation in a US business - it's passive income flowing from US sources to you as a non-resident. For example, if you live in Germany but own shares of Apple and receive dividends, that's US-sourced income not effectively connected with a US trade or business.
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Andre Dupont
•Thanks for the explanation! So if I own a rental property in Florida but I live in Canada and just use a property management company to handle everything, that falls into this category? Would I file a tax return in the US for this or is the 30% just automatically withheld?
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Carmen Sanchez
•Yes, if you own a rental property in Florida while living in Canada and use a management company, that typically falls into this category. The rental income is US-sourced but not effectively connected with a US trade/business since you're not actively managing it as a business. You would generally file Form 1040NR to report this income, and you may have the option to make what's called a "net election" under Section 871(d) to treat the rental income as effectively connected income. This can be beneficial because it allows you to deduct expenses against the rental income, rather than paying the 30% flat tax on gross rental income.
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Zoe Papadakis
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ThunderBolt7
•I'm curious - does it help with figuring out tax treaty rates too? I'm from Australia and I know we have a tax treaty with the US, but I'm confused about how to actually claim the lower rates on my US dividends.
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Jamal Edwards
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Zoe Papadakis
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Giovanni Marino
Here's a real-world example that helped me understand this concept: I'm a writer living in France, and a US publisher pays me royalties for a book I wrote. I don't have a US office, don't come to the US for business, and have no US employees. Those royalties are definitely US-sourced (because the publisher is in the US), but they're NOT effectively connected with a US trade or business (because I don't have an office or employees in the US and don't regularly come to the US to conduct business). So I pay a flat 0% tax on these royalties thanks to the US-France tax treaty (it would normally be 30% without a treaty). It's reported on Form 1042-S, and I don't even need to file a US tax return. Hope this helps!
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Fatima Al-Sayed
•Wait, how did you get 0% on the royalties? I'm in Canada and got hit with 15% withholding on my book royalties from a US publisher. Is this something different about the France treaty?
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Giovanni Marino
•Yes, it's a specific provision in the US-France tax treaty that exempts royalties from taxation in the source country. Article 12 of the treaty states that royalties are taxable only in the resident country (France in my case). Canada's treaty with the US is different - it reduces the withholding rate to 10% for most royalties (Article XII of the US-Canada treaty), but doesn't eliminate it completely like the French treaty does. Each treaty is unique, which is why it's important to check the specific provisions for your country.
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Dylan Hughes
Don't forget that US Social Security benefits paid to non-residents also fall into this middle category! If you worked in the US in the past but now live abroad, your Social Security payments are US-sourced income not effectively connected with a trade or business. These are generally subject to 30% withholding unless your country has a tax treaty with better terms. For example, Canada's treaty makes US Social Security completely exempt from US tax for Canadian residents.
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NightOwl42
•That's super helpful! What about pension distributions from a 401k plan if you previously worked in the US but are now a non-resident? Would those also fall into this category?
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