How to report FDAP income as a non-resident alien - US-source only?
I've been trying to figure out the reporting requirements for Fixed, Determinable, Annual or Periodical (FDAP) income as a non-resident alien. From what I can understand, it seems like I only need to report FDAP income if it's from US sources. Is that right? I recently moved to Canada but still have some investment income flowing from various countries, including some dividend payments from US stocks. My accountant back home seems confused about what I need to report to the IRS versus what I report in my new country of residence. If anyone has experience with this specific situation, I'd really appreciate some clarity! It's my first year dealing with non-resident alien status and I want to make sure I'm compliant without unnecessarily reporting income that isn't required.
20 comments


QuantumQuest
You're on the right track! As a non-resident alien, you generally only need to report FDAP income that is US-sourced. This includes things like dividends, interest, rents, royalties, and other similar payments from US sources. The IRS primarily wants to tax income that has a US connection when it comes to non-resident aliens. Foreign-source FDAP income typically isn't subject to US taxation for non-resident aliens. This is different from US citizens and residents who must report worldwide income. For your US dividends specifically, these would be considered US-source income and would generally be subject to a 30% withholding tax (or lower if a tax treaty applies between the US and Canada). The withholding agent (usually the payer) should handle this withholding, but you'll still need to file Form 1040-NR if you have US-source income where the tax liability wasn't fully satisfied through withholding.
0 coins
Paolo Rizzo
•Thanks so much for your response! That clarifies things a lot. Just to double-check, if I have dividend income from Japanese or European stocks that I owned before moving to Canada, I don't need to report those on any US tax forms? Only the US-sourced dividends? Also, do you know if there's a minimum threshold for filing Form 1040-NR? Or do I need to file even if the US dividend amounts are relatively small?
0 coins
QuantumQuest
•Correct, as a non-resident alien, you don't need to report dividend income from Japanese or European stocks on US tax forms. Only your US-sourced income matters for US tax purposes. Those foreign dividends would be reportable to Canadian tax authorities based on their rules. For Form 1040-NR, you're required to file if you engaged in US trade or business (including personal services) or if you have US income where not enough tax was withheld. There's no specific minimum threshold for filing if you have any US-source FDAP income that wasn't properly withheld upon. However, if your only US income was properly withheld on at source (like dividends with the correct treaty rate applied), you might not need to file - though many tax professionals recommend filing anyway for proper documentation.
0 coins
Amina Sy
I was in a similar situation last year and used taxr.ai to help me sort through all this non-resident alien tax confusion. I had investments in multiple countries and wasn't sure what needed to be reported where. I uploaded my financial documents to https://taxr.ai and it analyzed everything, showing me exactly which income was US-sourced FDAP that needed reporting and which wasn't. Saved me hours of research and probably a costly mistake. The system flagged my US dividend income but correctly identified that my foreign interest and dividends weren't reportable on my US non-resident return. It even explained the different tax treaty provisions that applied to my situation since I'm in the UK (sounds like you're in Canada, so different treaty but same concept).
0 coins
Oliver Fischer
•How does it handle more complex situations? I'm a non-resident alien with US rental property income plus some consulting fees from a US company. Would taxr.ai be able to distinguish between FDAP and effectively connected income in my case?
0 coins
Natasha Petrova
•I'm skeptical about these tax AI tools. How accurate is it really with international tax stuff? Those rules are super complicated and change with treaties. Did it actually catch everything correctly or did you have to double-check with a CPA?
0 coins
Amina Sy
•It actually specializes in complex international scenarios like yours. The system correctly identified my rental income as effectively connected income (subject to different rules than FDAP) and would definitely handle your consulting situation. It breaks everything down by income type and source, showing which tax regime applies. For treaty provisions, it was surprisingly detailed. It analyzed my income streams against treaty articles and explained which rates applied based on income type. I did consult with my accountant after using it, and he confirmed everything was correct. He was impressed with the analysis and said it saved him time figuring out my cross-border situation.
0 coins
Oliver Fischer
Just wanted to follow up after trying taxr.ai for my complicated non-resident alien tax situation. It was actually really helpful for sorting out my FDAP vs. effectively connected income question. The system correctly identified that my US rental income needed to be reported as effectively connected income on Schedule E (not subject to the flat 30% FDAP withholding), while my occasional consulting income was properly categorized as personal services income. It even flagged that I might benefit from claiming certain business deductions against that income. For anyone dealing with the non-resident alien tax maze, especially with multiple income types, it really helped clarify what needs reporting and what doesn't. Saved me from mistakenly reporting non-US source income that isn't required.
0 coins
Javier Morales
If you're struggling to get answers about your non-resident alien tax situation directly from the IRS, I'd recommend trying Claimyr. I was completely stuck trying to figure out how to handle some unusual FDAP income and couldn't get through to anyone at the IRS for weeks. After trying https://claimyr.com I got connected to an actual IRS agent in about 20 minutes who confirmed exactly what I needed to report as a non-resident with my specific income types. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Before using the service, I spent hours on hold and never reached anyone. The agent I spoke with clarified that I only needed to report my US-source FDAP income, and also explained some tax treaty benefits I didn't even know I qualified for.
0 coins
Emma Davis
•Wait, how does this actually work? They somehow get you through the IRS phone system faster? I've been trying to reach someone about my non-resident status for months with no luck.
0 coins
GalaxyGlider
•This sounds like BS honestly. Nobody can magically get through to the IRS. They're understaffed and overwhelmed. How would some third-party service possibly "skip the line" when calling a government agency? Sounds like a scam to take advantage of desperate taxpayers.
0 coins
Javier Morales
•It uses a system that continually redials and navigates the IRS phone tree until it finds an open line. When it does, it calls you and connects you directly to the agent. It's not magic - just automated persistence that most of us don't have time for. There's no line skipping involved - it's just handling the tedious part of constantly redialing and waiting through the prompts. When I used it, I was actually skeptical too, but after trying to call myself for weeks with no success, I was desperate. Got connected to a real IRS agent who answered all my non-resident alien FDAP questions in detail.
0 coins
GalaxyGlider
I have to admit I was completely wrong about Claimyr. After struggling with my non-resident alien tax questions for months, I finally tried it out of desperation. Within about 30 minutes, I was actually speaking with an IRS representative who specialized in international tax issues. She confirmed exactly what I needed to know about my FDAP reporting requirements and explained which tax forms I needed based on my specific situation. The agent spent almost 45 minutes answering all my questions and even explained some deductions I wasn't aware of. Definitely worth it for the peace of mind, especially when dealing with complicated international tax situations where getting direct answers from the IRS is so valuable.
0 coins
Malik Robinson
Quick clarification on FDAP - the 30% withholding isn't just on dividends. It applies to interest, royalties, and other passive income types too. But important to note that many non-resident aliens can get reduced rates through tax treaties! For example, Canadian residents might qualify for reduced withholding rates (15% on dividends, 0% on certain interest) under the US-Canada tax treaty. You'd need to provide Form W-8BEN to your financial institutions to claim these reduced rates. Also, bank deposit interest from US banks is generally exempt from withholding for non-resident aliens (one of the few exceptions to FDAP withholding).
0 coins
Isabella Silva
•Do you know if rental income counts as FDAP? I'm getting conflicting info. Some sources say it's FDAP subject to 30% withholding, others say it should be reported as effectively connected income on Schedule E with regular graduated tax rates.
0 coins
Malik Robinson
•Rental income is actually a bit complicated. It can be treated either way, depending on your situation and choices. By default, US rental income for non-resident aliens is considered FDAP and subject to 30% withholding on the gross amount (with no deductions for expenses). However, most non-resident aliens benefit by making what's called a "net election" under Section 871(d) to treat rental income as effectively connected income instead. This allows you to deduct expenses like mortgage interest, property taxes, depreciation, etc., and pay tax only on the net income at graduated rates. To make this election, you file Schedule E with your 1040-NR.
0 coins
Ravi Choudhury
Just adding in case this helps - for scholarship or fellowship grants to non-resident aliens, the portion for tuition and books isn't taxable, but the portion for living expenses is considered FDAP subject to 30% withholding unless a tax treaty applies. I learned this after receiving a small research stipend as a visiting scholar at a US university. The university withheld 30% automatically from the living allowance portion.
0 coins
Freya Andersen
•Wow thats super helpful! I'm going to be a visiting researcher at MIT next fall. Did you have to file a US tax return even though taxes were withheld? Or is the withholding considered final?
0 coins
Samantha Howard
Great question about FDAP income reporting! You're absolutely correct - as a non-resident alien, you generally only need to report FDAP income that's from US sources. Your Canadian accountant's confusion is understandable since this is a specialized area. For your specific situation with dividends from US stocks, these would definitely be US-source FDAP income subject to reporting. The good news is that under the US-Canada tax treaty, dividend withholding is typically reduced from 30% to 15% if you properly complete Form W-8BEN with your broker. One thing to watch out for - make sure your brokerage is applying the correct treaty rate. I've seen cases where non-resident aliens had too much tax withheld because they didn't properly claim treaty benefits, then had to file Form 1040-NR to get a refund. Your Japanese and European dividends, as others have mentioned, aren't reportable to the US - those would be handled under Canadian tax rules as a Canadian resident.
0 coins
Jasmine Hernandez
•This is really helpful information! I'm also a newcomer dealing with non-resident alien status and had no idea about the Form W-8BEN for claiming treaty benefits. When you mention that brokerages sometimes don't apply the correct treaty rate automatically - how do you know if they're withholding too much? Is there a way to check this on your statements, or do you only find out when you file your return? I'm trying to avoid any surprises during tax season, especially since this whole non-resident alien tax situation is completely new to me.
0 coins