发信人: dor (dor), 信区: TAX
标 题: Answer from IRS Re: Stock trading Gain/loss for NR
发信站: The unknown SPACE (Sun Feb 16 21:42:46 2003) WWW-POST

Find it from IRS web page finally:

http://www.irs.gov/businesses/small/international/article/0,,id=96400,00.html

CONCLUSION

Nonresident alien students and scholars and alien employees of foreign
governments and international organizations who, at the time of their arrival
in the United States, intend to reside in the United States for longer than 1
year are subject to the 30% taxation on their U.S. source capital gains during
any tax year if during such tax year (usually calendar year) they are present
in the United States for 183 days or more, unless a tax treaty provides for a
lesser rate of taxation. This assumes that such capital gains are not
effectively connected with the conduct of a United States trade or business.
These capital gains would be reported on page 4 (not page 1) of Form 1040NR
and would not be reported on a Schedule D because they are being taxed at a
flat rate of 30% under I.R.C.§871(a) or at a reduced flat rate under a tax
treaty.


【 在 kgkg (KO) 的大作中提到: 】
: From my understanding below, the stock trading gain/loss is normal income
from
: US source. So we can use tax rule as residents. But so many people think it
is
: not. Can anyone tell me which is true?
:
: 1. Below the "Trade or Business in US", there is an item called "trading for
: NRA's own account". It says: You are not engaged in a trade or business in
the
: United States if trading for your own account in stocks, securities, or
: commodities is your only U.S. business activity.
:
: Since I am a F-1 and trading is not my only business, so stock trading is a
US
: trade or Business.
:
: 2.Under "Effectively connected Income", I use "Business-activities test"
: because "Asset-use test" is for those income not produced by US business or
: trade.
:
: 3. Under Business-activities test, stock trading is effectively connected to
: US income because trading is a material factor in producing income.
:
: I have some F-1 students who calculated gain/loss tax just as residents and
: never got caught.
:
:
:




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※ 修改:·dor 於 Feb 16 21:42:46 修改本文·[FROM: 146.201.]
※ 来源:．The unknown SPACE bbs.mit.edu．[FROM: 146.201.]