b****n
发帖数: 187 | 1 My friend will invest into a US company. He is never to US and he has no SSN
or TAX ID. In case the company makes profit, he will get his benefit such
as interests.
Is this taxable? If so how will he pay it?
Thanks. | s******g
发帖数: 654 | 2 Taxable.
It is the company's obligation to withhold his tax liability and subject to
penalty and interest.
A withholding agent is the person required to deduct, withhold and pay any tax of a nonresident alien individual, a foreign partnership, foreign trust or estate, or a foreign corporation. This duty is imposed on all persons, acting in whatever capacity, that have the control, receipt, custody, disposal or payment of any of the items subject to withholding.
A withholding agent that fails to act in accordance with the applicable
presumptions70 may also be liable for tax, interest, and penalties.71 A
withholding agent has reason to know if its knowledge of relevant facts or
of statements contained in the withholding certificates or other
documentation is such that a reasonably prudent person in the position of
the withholding agent would question the claims made.72 A withholding agent
that is a financial institution, including a regulated investment company,
that has a direct account relationship with a beneficial owner (a direct
account holder) has a reason to know that documentation is unreliable or
incorrect only if one or more specified circumstances apply.73 A financial
institution that receives documentation from a payee through a nonqualified
intermediary, a flow-through entity, or a U.S. branch (other than a U.S.
branch that is treated as a U.S. person) with respect to a payment of an
amount subject to treaty withholding rates74 has reason to know that the
documentation is unreliable or incorrect if a reasonably prudent person in
the position of a withholding agent would question the claims made.75
A withholding agent must withhold 30-percent of any payment of an amount
subject to withholding made to a "payee" that is a foreign person. The
withholding obligation applies unless the withholding agent can reliably
associate the payment with documentation upon which it can rely to treat the
payment as made to a payee that is a U.S. person or as made to a beneficial
owner that is a foreign person entitled to a reduced rate of withholding.
However, a withholding agent making a payment to a foreign person does not
have to withhold when the foreign person assumes responsibility for
withholding on the payment as a qualified intermediary, as a U.S. branch of
a foreign person, as a withholding foreign partnership,76 or as an
authorized foreign agent.77
SSN
【在 b****n 的大作中提到】
: My friend will invest into a US company. He is never to US and he has no SSN
: or TAX ID. In case the company makes profit, he will get his benefit such
: as interests.
: Is this taxable? If so how will he pay it?
: Thanks.
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