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Distribution to U.S. Citizen living abroad


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    We have a participant who lives abroad but is a U.S. citizen. The participant filled out the required W-9 form for the distribution. How would this distribution be taxed? Would it be subject to 20% federal tax withholding and no state tax (even if the participant previously lived in a state that had state tax)?

    Thank you.

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    11 minutes ago, Flyboyjohn said:

    If the check is going to be delivered outside the US to a US citizen then the mandatory Federal withholding rate is 30% (see the instructions to Form W-4P).

    The only reference I see to a 30% rate in the instructions are here:

    In the absence of a tax treaty exemption, nonresident aliens, nonresident alien beneficiaries, and foreign estates generally are subject to a 30% federal withholding tax under section 1441 on the taxable portion of a periodic or nonperiodic pension or annuity payment that is from U.S. sources. However, most tax treaties provide that private pensions and annuities are exempt from withholding and tax.

    Since he is talking about a US citizen this person isn't any of those types of people.  Did I miss something in your mind? 

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    If this is an eligible rollover distribution (and it sounds like it is), the withholding rate is 20%. Of course, it could be rolled over, even by a U.S. person currently residing outside U.S., and then no withholding. But the 20% rate applies if an ERD. See 3405(c). And if it was not an ERD, the withholding rate would be determined using the information supplied by the U.S. citizen on Form W-4P. The paragraph in instructions you are referring to, Flyboyjohn is only saying that a U.S. citizen receiving a period payment outside U.S. cannot make the "no withholding" election using W-4P.

    Luke Bailey

    Senior Counsel

    Clark Hill PLC

    214-651-4572 (O) | LBailey@clarkhill.com

    2600 Dallas Parkway Suite 600

    Frisco, TX 75034

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