30% tax on capital gains for NR students who don't have other earned income effectively connected with a US trade or biz. 15% tax on capital gains for NR students who have.
l*y
18 楼
你这个结论好奇怪啊。。。怎么来的? 见Pub.519 Effectively Connected Income If you are engaged in a U.S. trade or business, all income, gain, or loss for the tax year that you get from sources within the United States (other than certain investment income) is treated as effectively connected income. This applies whether or not there is any connection between the income and the trade or business being carried on in the United States during the tax year. Two tests, described next under Investment Income, determine whether certain items of investment income (such as interest, dividends, and royalties) are treated as effectively connected with that business. In limited circumstances, some kinds of foreign source income may be treated as effectively connected with a trade or business in the United States. For a discussion of these rules, see Foreign Income , later. Investment Income Investment income from U.S. sources that may or may not be treated as effectively connected with a U.S. trade or business generally falls into the following three categories. Fixed or determinable income (interest, dividends, rents, royalties, premiums, annuities, etc.). Gains (some of which are considered capital gains) from the sale or exchange of the following types of property. Timber, coal, or domestic iron ore with a retained economic interest. Patents, copyrights, and similar property on which you receive contingent payments after October 4, 1966. Patents transferred before October 5, 1966. Original issue discount obligations. Capital gains (and losses). Use the two tests, described next, to determine whether an item of U.S. source income falling in one of the three categories above and received during the tax year is effectively connected with your U.S. trade or business. If the tests indicate that the item of income is effectively connected, you must include it with your other effectively connected income. If the item of income is not effectively connected, include it with all other income discussed under The 30% Tax later, in this chapter. Asset-use test. This test usually applies to income that is not directly produced by trade or business activities. Under this test, if an item of income is from assets (property) used in, or held for use in, the trade or business in the United States, it is considered effectively connected. An asset is used in, or held for use in, the trade or business in the United States if the asset is: Held for the principal purpose of promoting the conduct of a trade or business in the United States, Acquired and held in the ordinary course of the trade or business conducted in the United States (for example, an account receivable or note receivable arising from that trade or business), or Otherwise held to meet the present needs of the trade or business in the United States and not its anticipated future needs. Generally, stock of a corporation is not treated as an asset used in, or held for use in, a trade or business in the United States. Business-activities test. This test usually applies when income, gain, or loss comes directly from the active conduct of the trade or business. The business-activities test is most important when: Dividends or interest are received by a dealer in stocks or securities, Royalties are received in the trade or business of licensing patents or similar property, or Service fees are earned by a servicing business. Under this test, if the conduct of the U.S. trade or business was a material factor in producing the income, the income is considered effectively connected. 对于F1 student,investment income肯定是not effectively connected,跟你有没有 其他收入有什么关系?TA/RA工资是effectively connected,得分开报税,不影响
income
【在 S*******n 的大作中提到】 : 30% tax on capital gains for NR students who don't have other earned income : effectively connected with a US trade or biz. : 15% tax on capital gains for NR students who have.