Retirement tax questions


@dmertz wrote:

Tax withholding is 30% on the potentially taxable portion of a 401(k) or IRA distribution paid to an nonresident alien.  Tax liability for a nonresident alien is determined on Form 1040-NR.


I believe that IRA and 401k withdrawals fall under the category of income "not effectively connected" with a trade or business because it is Fixed, determinable, annual, or periodical (FDAP) income.

https://www.irs.gov/individuals/international-taxpayers/fixed-determinable-annual-or-periodical-fdap...

 

FDAP income is taxed at a flat rate of 30% (not just withheld) unless there is a tax treaty with the other country that specifies differently.  See Form 1040-NR Schedule NEC.