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Ava Martinez

FDAP income reporting requirements as a non-resident alien - US-source only?

So I've been diving into my tax situation as a non-resident alien, and I'm confused about the Fixed, Determinable, Annual or Periodical (FDAP) income reporting requirements. From what I can tell, it seems like I only need to report FDAP income if it's from US sources? Is that actually correct? I'm currently working in the US on a work visa but I also receive some dividend payments from investments in my home country. I've been stressing about whether I need to include these foreign dividends on my US tax return. The IRS publications aren't super clear (to me at least), and I want to make sure I'm complying without unnecessarily reporting income I don't have to. If anyone has experience with this or knows for sure, I'd really appreciate your insights!

Miguel Ortiz

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You're absolutely right in your understanding. As a non-resident alien, you only need to report FDAP income that comes from US sources on your US tax return. Foreign-source FDAP income (like those dividends from your home country) isn't subject to US taxation for non-resident aliens. The key factor is the source of the income, not the type. Non-resident aliens are generally only taxed on US-source income, whether it's FDAP or effectively connected income (ECI). This is different from US citizens and residents who must report worldwide income. Make sure you're filing the correct form (typically Form 1040-NR) and if you have US-source FDAP income, it's usually subject to a flat 30% withholding tax unless reduced by a tax treaty between the US and your home country.

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Ava Martinez

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Thanks so much for confirming! That definitely makes things clearer. Just to double-check - this would apply to things like interest from foreign banks and dividends from foreign stocks too, right? My home country has a tax treaty with the US, but I'm guessing that's only relevant for my US-source income?

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Miguel Ortiz

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Yes, interest from foreign banks and dividends from foreign stocks are considered foreign-source income and wouldn't be reportable on your US tax return as a non-resident alien. The tax treaty between your home country and the US would only come into play for your US-source income. For example, if you receive dividends from US companies, the treaty might reduce the withholding rate from 30% to a lower percentage like 15% or 10%, depending on the specific treaty provisions.

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Zainab Omar

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After struggling with similar non-resident alien tax questions last year, I finally got clarity using https://taxr.ai to analyze my specific situation. I had dividend income from three different countries and was totally confused about what needed to be reported on my US taxes. I uploaded my foreign tax documents and investment statements, and the system broke down exactly which income was US-source FDAP (reportable) and which was foreign-source (not reportable for non-resident aliens). It even identified which treaty provisions applied to my US-source dividends, saving me from the standard 30% withholding on some income. The analysis matched exactly what my tax advisor later confirmed, but I got the answers immediately instead of waiting two weeks for an appointment.

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Connor Murphy

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How does it handle income from foreign partnerships? I have some income from a business partnership in Canada, and I'm not sure if that counts as FDAP or something else entirely. Does the tool recognize these distinctions?

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Yara Sayegh

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That sounds helpful, but I'm skeptical about any AI tool actually understanding the complexities of international tax treaties. Did it actually cite specific treaty articles or just give general advice? I've been burned before by online "tax tools" that oversimplify things.

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Zainab Omar

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For foreign partnerships, the tool specifically analyzes whether your income is effectively connected with a US trade or business (ECI) or passive income (FDAP), and then further breaks down the source rules for each category. In your Canadian partnership case, it would examine the partnership's activities to determine proper classification and sourcing. Regarding the treaty analysis, it absolutely cites specific treaty articles. For example, in my case with Japanese dividends, it cited Article 10 of the US-Japan treaty which reduced my withholding from 30% to 10%, and provided the exact text of the provision. It's not just general advice - it links directly to the relevant sections of both the tax code and applicable treaties.

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Yara Sayegh

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I was initially really skeptical about tax AI tools handling international tax matters, but I decided to try https://taxr.ai after my previous comment. I'm honestly surprised by how comprehensive the analysis was for my non-resident alien situation. The system correctly identified that my Korean bond interest (which I was about to report) was actually foreign-source FDAP that I didn't need to include on my 1040-NR. It saved me from overpaying by nearly $4,300! It even cited the specific sourcing rules under IRC 861-863 that applied to my situation. What impressed me most was the detailed explanation of how the US-Korea tax treaty applied to my US-source dividends, reducing my withholding rate. This was way more specific than what my previous accountant provided.

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NebulaNova

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If you're struggling to get clear answers about your FDAP reporting obligations directly from the IRS, try https://claimyr.com to get through to a real IRS agent quickly. I spent weeks getting nowhere with the international taxpayer hotline (always busy or disconnected), but Claimyr got me connected in about 15 minutes. You can see a demo of how it works here: https://youtu.be/_kiP6q8DX5c As a non-resident with a complicated mix of US and foreign income sources, I needed clarification straight from the IRS about my specific situation. The agent I spoke with confirmed that as a non-resident, I only needed to report US-source FDAP income and explained exactly how to document my foreign-source income that was exempt from US taxation.

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How does this actually work? I've tried calling the IRS international tax line like 20 times and always get disconnected after waiting forever. Do they somehow have a direct line or something?

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Connor Murphy

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This sounds too good to be true. I've literally spent hours on hold with the IRS only to get disconnected. There's no way this actually works - the IRS phone system is fundamentally broken.

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NebulaNova

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It's not a direct line, but rather a system that navigates the IRS phone tree for you and waits on hold in your place. When an actual agent picks up, it calls your phone and connects you directly to that agent. I was skeptical too until I tried it, but it basically automates the painful waiting process. The reason it works is because it can redial and navigate the menus repeatedly if disconnected, something that would drive any human crazy to do manually. For the international tax questions I had about FDAP reporting, it was absolutely worth it since I got definitive answers directly from an IRS agent.

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Connor Murphy

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I was completely wrong about Claimyr. After my skeptical comment above, I decided to try it anyway since I was desperate for answers about my Canadian partnership income and FDAP reporting requirements. It actually worked! After dozens of failed attempts calling the IRS myself, Claimyr got me through to an International Tax Specialist in about 22 minutes. The agent confirmed that my Canadian partnership income isn't considered FDAP income but rather effectively connected income (ECI) if I'm engaged in the partnership's trade or business. This cleared up my confusion entirely and saved me from potentially misreporting my income. Sometimes being proven wrong is actually a good thing!

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Paolo Conti

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One important thing to remember about FDAP income as a non-resident alien - the rules around what's considered "US-source" can be complicated depending on the type of income. For example, interest is generally sourced based on the residence of the payer, dividends are sourced based on where the company is incorporated, and royalties are sourced based on where the property is used. So just because money comes from a US bank account doesn't automatically make it US-source! Make sure you're applying the correct sourcing rules to each type of income you have.

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Ava Martinez

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That's really helpful! Do these sourcing rules ever have exceptions? I have some interest that comes from a US branch of a foreign bank and I'm not sure how that would be classified.

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Paolo Conti

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Yes, there are definitely exceptions to the general sourcing rules. For interest from a US branch of a foreign bank, it's typically considered US-source income if the interest is effectively connected with the US branch's business activities. This is an exception to the general rule that interest is sourced based on the residence of the payer. Another common exception involves certain portfolio interest, which can be exempt from withholding even when it's US-source. The rules get quite technical, which is why many non-resident aliens either consult with tax professionals or use specialized resources to navigate these complexities.

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Amina Diallo

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Anyone know which form I need to use for reporting US-source FDAP income? Is it just part of the regular 1040-NR or is there some special schedule?

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Miguel Ortiz

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For US-source FDAP income as a non-resident alien, you'll report it on Form 1040-NR. Specifically, you'll use the "Income Not Effectively Connected With U.S. Trade or Business" section of the form (typically on page 4). Different types of FDAP income get reported on different lines in this section. If tax was withheld from your FDAP income (which is common at the 30% rate or lower treaty rate), you'll also need to attach Form 1042-S that you should have received from the withholding agent.

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Amina Diallo

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Thanks for the quick answer! Looking at the form now and I see that section. Do you know if I need to fill out Schedule NEC too or is the section on page 4 enough?

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You typically won't need Schedule NEC if you're only reporting standard FDAP income like dividends, interest, or royalties. Schedule NEC is primarily for non-effectively connected income that doesn't fit the standard FDAP categories on page 4 of Form 1040-NR. The section on page 4 should be sufficient for most common types of FDAP income. However, if you have any unusual or complex income sources, you might want to double-check the instructions for Schedule NEC or consult with a tax professional to be sure.

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Paige Cantoni

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This is a great discussion that covers the key points really well! Just wanted to add one more consideration for non-resident aliens dealing with FDAP income - don't forget about the substantial presence test if you've been in the US for an extended period. Even if you're on a work visa and consider yourself a non-resident alien, if you meet the substantial presence test (generally 183+ days over a 3-year period with specific weighting), you might actually be considered a resident alien for tax purposes. This would completely change your reporting requirements - you'd then need to report worldwide income, not just US-source FDAP. The good news is there are exceptions and tie-breaker rules, especially if you have a closer connection to your home country. But it's definitely worth checking if you've been in the US for substantial periods across multiple years.

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