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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.
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.
‎September 30, 2025
8:55 AM