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Fatima Al-Sayed

What US taxes do non-residents have to pay when owning or selling US company stocks?

I'm a non-US resident who recently started investing in some American companies (Tesla, Apple, Microsoft, Google, Netflix) and I'm planning to expand my portfolio over time. I'm confused about what taxes I might owe to the US government. What US taxes, if any, am I required to pay just for owning these stocks? And what about when I eventually sell them for hopefully a profit? My country doesn't have any tax treaty with the US, which I think makes things more complicated. I've tried searching online but keep finding contradictory information. Any help would be greatly appreciated since I want to make sure I'm complying with all US tax laws!

The main tax concern for non-residents owning US stocks is dividend withholding tax. Since you're in a country without a tax treaty, the standard 30% withholding tax applies to any dividends paid by US companies. This is automatically withheld by your broker before you receive the dividends. For capital gains (profit when you sell the stocks), most non-residents actually don't have to pay US taxes on these. The exception would be if you spend significant time in the US or if your investment is considered "effectively connected" with a US trade or business, which doesn't sound like your situation. You don't need to file a US tax return just for owning or selling stocks, unless you meet certain other criteria like having a US trade or business. However, you may need to report the income and any US taxes already paid in your home country.

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Thanks for the info! So if I understand correctly, I only get taxed on dividends but not when I sell for profit? My broker is non-US based, so how does the dividend withholding actually work in practice? Do they automatically take out 30% or do I need to file something?

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For dividends, yes, the 30% withholding happens automatically. Your broker will withhold it before sending you the remaining 70%, even if they're not US-based. They have agreements with US clearing houses that require this withholding. For selling stocks, you're correct. Most non-residents don't pay US capital gains tax on stock sales unless they have substantial presence in the US (generally 183+ days) or the income is connected to a US business. Your local tax authorities may still want their share of your profits though!

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I was in a similar situation last year and found a great tool that helped me understand my exact tax obligations as a non-resident investor. I used https://taxr.ai to analyze my situation and it really cleared things up. My broker wasn't very helpful explaining the 30% dividend tax withholding rules, and I was worried about accidentally triggering some capital gains tax obligation. The tool analyzed my specific situation (country, investment types, etc.) and gave me a personalized report outlining exactly what I needed to pay and what forms might be relevant to my situation. It even explained how the substantial presence test works for non-residents who visit the US occasionally, which was a concern for me since I travel there for work sometimes.

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Does this tool actually connect to IRS systems or is it just general advice? I'm skeptical because the tax implications can be so different depending on your specific country.

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I've been investing in US stocks for years from overseas and found the rules pretty straightforward once I understood them. Is this service actually worth it compared to just asking my accountant? My country doesn't have a tax treaty either but my local accountant seems confident about handling it.

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The tool doesn't connect directly to IRS systems - it analyzes your specific situation based on information you provide and generates tailored guidance. It takes into account your country of residence, the types of investments you have, and other factors to provide personalized advice. I found it valuable because it explained the nuances that apply to my specific situation rather than just general advice. While your accountant might be knowledgeable, I appreciated having a second opinion specifically focused on US tax law for non-residents, especially since the rules can change. My local accountant was great with my home country taxes but less confident with the US specifics.

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Just wanted to follow up - I decided to try https://taxr.ai after my earlier skepticism and I'm actually impressed. My situation was more complicated than I thought (I have both dividend stocks and some REITs which have different tax treatment). The tool clarified that while my regular stock gains aren't taxable in the US, REIT distributions are taxed differently and explained exactly how to handle this. It caught something my local accountant missed about FIRPTA withholding that could have caused issues. Definitely worth it for the peace of mind, especially with the complexities of non-treaty country investing.

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If you need to contact the IRS to ask specific questions about your situation (which I had to do), don't waste days trying to call them directly. I spent nearly a week trying to get through to someone. Then I found https://claimyr.com which got me connected to an actual IRS agent in under an hour. You can see how it works here: https://youtu.be/_kiP6q8DX5c I had specific questions about Form 1042-S (the form that shows dividend tax withholding for non-residents) that my broker couldn't answer. Getting direct confirmation from the IRS about my reporting requirements saved me a ton of worry about whether I was handling things correctly.

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Wait, how does this actually work? I thought the IRS phone lines were impossible to get through. Is this some kind of premium line or something?

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Sounds like a scam tbh. Why would you need to pay someone to call the IRS? And even if you got through, would a random IRS phone agent even know the specific rules for international investors? Doubt it.

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It's not a premium line - they use technology to continuously dial and navigate the IRS phone system for you. When they reach a real agent, they call you and connect you directly. It's basically like having someone wait on hold for you instead of doing it yourself. I was also skeptical about whether an IRS agent would know about international tax issues, but I was connected to someone in their international taxpayer department who was quite knowledgeable. They confirmed exactly how my dividend withholding should be handled and what my obligations were as a non-resident investor from a non-treaty country. The peace of mind was definitely worth it after getting the runaround from my broker.

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Ok I have to admit I was wrong about Claimyr. After continuing to struggle getting clarification about my Form 1042-S reporting requirements, I gave it a try. Not only did I get through to the IRS in about 45 minutes (after trying unsuccessfully on my own for days), but they transferred me to their international tax department. The agent walked me through exactly what I needed to know about how dividend withholding is reported and confirmed I don't need to file any US tax forms as a non-resident just holding and selling stocks. They even explained what would happen if my status changed in the future. Definitely worth the service fee to avoid the frustration I was dealing with.

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Something important that hasn't been mentioned yet - if your ownership in US companies exceeds 5% of the company, different rules apply. Also, be aware of PFIC (Passive Foreign Investment Company) rules if you're investing in mutual funds or ETFs rather than individual stocks. I found this out the hard way after buying into some ETFs that held US stocks, thinking the tax treatment would be the same. It wasn't, and the reporting requirements were much more complex. Stick to direct stock ownership if you want to keep things simple.

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Could you clarify about the ETFs? I'm currently investing in VOO (Vanguard S&P 500) as a non-resident. Are you saying this is treated differently than owning the individual stocks directly? What reporting would I need to do?

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For non-US residents, US-domiciled ETFs like VOO are generally treated the same as individual US stocks - you'll face the 30% dividend withholding tax but typically no capital gains tax. The PFIC rules I mentioned generally apply when US persons invest in non-US funds. However, there's another consideration - some brokers won't even allow non-US residents to purchase US-domiciled ETFs due to regulations. You might want to check if your holdings comply with your broker's policies. Some non-US investors use Irish-domiciled ETFs that track US indices as an alternative since they can reduce the dividend withholding to 15% due to the US-Ireland tax treaty.

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Just want to add from personal experience - keep good records of all the dividend withholding tax you pay to the US! Even without a tax treaty, many countries allow you to claim some form of credit or deduction for foreign taxes paid to avoid double taxation. I've been investing in US stocks for 5+ years from a non-treaty country, and I made the mistake of not tracking this carefully at first. Had to go back through years of statements to figure it out when filing my local taxes. Your broker statements should show the gross dividend and the amount withheld.

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Do you just need the year-end statement from your broker or should I be saving each individual dividend payment record? My broker (Interactive Brokers) provides some tax forms but I'm not sure if they're sufficient.

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Your broker's year-end tax summary should be sufficient for most purposes, but I'd recommend keeping quarterly statements as backup. Interactive Brokers is pretty good about providing detailed tax reporting - they should show you the gross dividends received and the US tax withheld. The key document you'll want is their annual tax statement which breaks down all your dividend income and withholding by country. This makes it much easier when you're filing your home country taxes and claiming foreign tax credits. I learned this lesson after spending hours trying to reconstruct my dividend history from monthly statements!

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