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Returning Member
posted Dec 11, 2024 1:35:36 PM

Backup Withholding from German Dividends

I received dividends from my company in May 2024. This company is based out of Germany. My account in Computershare is showing that some of it was taken away for backup withholding. I haven't received anything from the IRS saying that I am subject to this. Is backup withholding normally withheld for foreign dividends? How can I get this money back?

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1 Replies
Level 15
Dec 12, 2024 10:42:46 AM

@gloriamer ,  from what you have posted, my understanding :

(a) You a US person ( citizen/GreenCard / Resident for Tax purposes ) being taxed by the US on world income;

(b)  I don't know  whether your tax home is US or not  but certainly Germany is not   -- that is because you are talking only about   Dividend income being taxed at source.  Thus there is no  recovery ( i.e. no way to get Germany to  " Not Tax" German sourced income.

(c)  US-German Tax Treaty  does not provide  any direct  benefit.  However , because of the  Double Taxation clause, you would be able to get  substantial mitigation of the double bite / taxation on the same income.

(d) Note that  when you file US return and you declare your  German sourced  dividend income and the taxes thereon ( by German Taxing Authority ), you may be able to use the  "Safe Harbor"  ---- US$300  foreign  tax on passive income per filer --- to  get full refund of the tax  ( this  is non-refundable i.e. it can only reduce your US tax burden but not below zero ).

 

Does this make sense ?   Is there more  can do for you ?