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iglobal
New Member

401K and IRA Withdrawal

I am a Canadian, currently residing outside of USA and Canada for the last 8 years. Currently I am 63 years old and I want to start withdrawing from my 401K and IRA in the USA when I was employed for a couple of years. I have no connections in the USA currently apart from this 401k.

 

So my question is what is the tax that I will have to pay if my withdrawal is a minimal amount? Do I have to file taxes in the USA and can I avail of the standard deduction as the 401K will be my only income? My place of residence is a European country. I am a bit confused as there is a flat tax of 20% on any withdrawal in Canada from RRSP accounts.

Thanks

 

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1 Best answer

Accepted Solutions
Opus 17
Level 15
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

401K and IRA Withdrawal

Generally, yes, they are subject to US tax.

 

The 401k is subject to US tax because pensions are taxed according to where the work was performed that earned the tax.

 

Annuities are subject to tax because they fall under the category of "Fixed, Determinable, Annual, or Periodical (FDAP) income".   (Now that I think about it, even if a 401k is not technically a pension, it would then fall under the category of an annuity.)

 

30% withholding by the plan trustee is mandatory.

 

If you file a return and pay the tax (which will be equal to or less than the withholding, so you might get a refund), you might also be able to claim a credit in your home country for the foreign tax paid on the same money.

 

https://www.irs.gov/retirement-plans/plan-distributions-to-foreign-persons-require-withholding

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

https://www.irs.gov/individuals/international-taxpayers/effectively-connected-income-eci

https://www.irs.gov/individuals/international-taxpayers/taxation-of-nonresident-aliens

 

You can't use the standard deduction, you would file according to the rules for non-resident aliens.  This is a form 1040-NR and Turbotax does not support this form, you will need to find another provider.

 

Specific to Canada, there is a tax treaty between the US and Canada that may modify the usual rules.

https://www.irs.gov/pub/irs-pdf/p597.pdf

 

You may want to speak to an expert.

 

 

View solution in original post

1 Reply
Opus 17
Level 15
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

401K and IRA Withdrawal

Generally, yes, they are subject to US tax.

 

The 401k is subject to US tax because pensions are taxed according to where the work was performed that earned the tax.

 

Annuities are subject to tax because they fall under the category of "Fixed, Determinable, Annual, or Periodical (FDAP) income".   (Now that I think about it, even if a 401k is not technically a pension, it would then fall under the category of an annuity.)

 

30% withholding by the plan trustee is mandatory.

 

If you file a return and pay the tax (which will be equal to or less than the withholding, so you might get a refund), you might also be able to claim a credit in your home country for the foreign tax paid on the same money.

 

https://www.irs.gov/retirement-plans/plan-distributions-to-foreign-persons-require-withholding

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

https://www.irs.gov/individuals/international-taxpayers/effectively-connected-income-eci

https://www.irs.gov/individuals/international-taxpayers/taxation-of-nonresident-aliens

 

You can't use the standard deduction, you would file according to the rules for non-resident aliens.  This is a form 1040-NR and Turbotax does not support this form, you will need to find another provider.

 

Specific to Canada, there is a tax treaty between the US and Canada that may modify the usual rules.

https://www.irs.gov/pub/irs-pdf/p597.pdf

 

You may want to speak to an expert.

 

 

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