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Can we do something about the 30% withholding tax on US dividends to non-Americans in the UAE?
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Fixed, Determinable, Annual, or Periodical (FDAP) income is all income, except:
Gains derived from the sale of real or personal property (including market discount and option premiums, but not including original issue discount)
Items of income excluded from gross income, without regard to the U.S. or foreign status of the owner of the income, such as tax-exempt municipal bond interest and qualified scholarship income.
Income is fixed when it is paid in amounts known ahead of time. Income is determinable whenever there is a basis of figuring the amount to be paid. Income can be periodic if it is paid from time to time. It does not have to be paid annually or at regular intervals. Income can be determinable or periodic, even if the length of time during which the payments are made is increased or decreased.
The Tax Treatment of FDAP Income which is Not Effectively Connected Income (ECI)
Tax at a 30% (or lower treaty) rate applies to FDAP income or gains from U.S. sources, but only if they are not effectively connected with your U.S. trade or business. The 30% (or lower treaty) rate applies to the gross amount of U.S. source fixed or determinable, annual or periodical gains, profits, or income. Deductions and netting are not allowed against FDAP income.
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DERREN JOSEPH:
Is there any way to optimize the taxation of Dividends from us companies to reduce the 30% Withholding due to the missing DTA between the US and the UAE DTA double tax treaty, or double tax agreement between the US and the UAE? I'm assuming Luca that you are not a US person, because if you are a US person and they do withhold 30%, you should tell them that you are a US person. And it goes back to the point that I made earlier in responding to someone else that you should be giving them a w nine. If you are a US person, which closes your, your social, or if you're working through an entity, your EIN and you confirm to them, Hey, I am a US person do not withhold, just give gross. And when I'm doing my tax return, I'm gonna treat it right? So that's if you were a US person if you are not a US person and you, and you're right, there's no double tax agreement with the UAE, then there's no way normally of reducing that 30% Withholding. So Dividends from US companies. So it's, it's, it falls under treatment. That's called FAP fixed determinable annual and periodic. So payments that are deemed to fall under F D, which would include your Dividends, your interests, maybe royalties, basically what we consider passive income. Generally speaking, I'm sorry, but it's gonna be subject to 30% Withholding. And if you live in a, a non-treated jurisdiction, there's very little, if anything you can do, there's nothing you can do to reduce it. So I'm sorry, but I hope that answers your question.
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