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Is it legal for a financial company to ask a consumer to pay a future tax bill before allowing funds withdrawal?

Assume said consumer does not have a tax bill due now
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7 Replies

Is it legal for a financial company to ask a consumer to pay a future tax bill before allowing funds withdrawal?

Please explain.   Are you really referring to the financial institution saying that they must withhold tax from a distribution you are taking?  

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Is it legal for a financial company to ask a consumer to pay a future tax bill before allowing funds withdrawal?

I'm saying a financial institution is asking to pay the taxes on the gains from an asset before they allow for withdrawal of funds from their account

Is it legal for a financial company to ask a consumer to pay a future tax bill before allowing funds withdrawal?

This question is too vague.  Without any personal information, could you please be more specific?   By "pay the taxes" ---- what exactly do you mean?   Pay how?   By having tax withheld before you receive money?    What "asset" are you taking money from?

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Is it legal for a financial company to ask a consumer to pay a future tax bill before allowing funds withdrawal?

If this is income taxes it could be backup withholding because either the IRS has required it or you have not furnished a valid tax ID number. This is a guess because your info is vague.  other than income taxes see a lawyer because that's outside the scope of this forum.   

Is it legal for a financial company to ask a consumer to pay a future tax bill before allowing funds withdrawal?

I've seen this question twice before relating to an offshore cryptocurrency exchange, where they want you to pay "the taxes" before you can withdraw funds.  I believe this is a scam, and you will be lucky to get anything back.  

 

In brief, IF a tax payment is required, there is no reason that a legitimate firm can't withhold the payment themselves and send it to the IRS as "backup withholding".  This is what every legitimate IRA firm will do, for example, if you request a withdrawal under age 59-1/2; they are required to withhold at least 10%, send it to the IRS, and report it on the 1099-R.

 

An overseas firm can't generally be bound by US tax laws, unless there is a tax treaty between the US and that country.  If there is a tax treaty, they might be required to withhold funds and send it to the IRS on your behalf, and you get credit for that withholding.  If there is no tax treaty, they can't be forced to withhold anything, and your payment of taxes is entirely on you and depends on your honesty (and fear of audit, to be honest).

 

The idea that you need to pay them first, before they will cash out your asset, is a major red flag.  

Is it legal for a financial company to ask a consumer to pay a future tax bill before allowing funds withdrawal?

Would the consumer be legally bound to pay taxes if it is offshore, and no payment is made to them?

Is it legal for a financial company to ask a consumer to pay a future tax bill before allowing funds withdrawal?


@etienne_figueroa wrote:

Would the consumer be legally bound to pay taxes if it is offshore, and no payment is made to them?


If you are a US taxpayer, you are required to report all your world-wide income and pay US tax on it, regardless of where the income comes from, and regardless of any tax paperwork that might or might not be filed.  

 

For example, if you hold stock through a US broker, you will get a 1099-B statement each year showing the gains and losses on the stocks you buy and sell.  If you owned stocks through a foreign stock broker, you still owe US tax on your capital gains, even though the overseas broker might not file a 1099-B.  Lacking the 1099-B means the IRS doesn't have a secondary record of the transaction, but you are still on the honor system to accurately report your income.  (And the IRS audits about 1% of tax returns, and if you don't report overseas income, you can face taxes, penalties and interest.)

 

Remember that money is not taxable; income is.  Income includes selling an asset for more than you paid, that's a capital gain, and is taxed a little differently than wage income.  If you sell an asset for less than you paid, you have a capital loss that may be deductible against other gains.

 

If you have assets (including cryptocurrency) with an overseas broker, and you sell them for a gain, you are required under US law to report and pay tax on that gain.  Assuming the overseas broker does not file a 1099-B, the IRS won't have an easy way of catching you if you fail to report the income voluntarily.  But if you are selected for an audit, the IRS can look at every deposit to every bank account you own, and tax it as if it was income, unless you can prove otherwise.  

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