Federal and State Income Tax for Foreigners

Federal and State Income Tax for Foreigners

Rental Property Investor · Detroit, MI · Member since 2013 · 46 posts · 19 votes

As a foreigner what is the tax rate for renting property? Is there a State and Federal income tax? I know some states don't charge income tax on rentals, but you still have to pay the Federal income tax.

Can you get a better tax rate if you form an LLC?

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Accountant · Chandler, AZ · Member since 2014 · 72 posts · 36 votes
10y

@Javier Gaillard

There are definetely state and federal tax issues to consider.  The three main US tax issues that foreign investors need to be aware of are: (1) income tax; (2) estate tax; and (3) gift tax.

For federal taxes, many foreign investors will find themselves being assessed tax at the same rates as US individuals. These rates begin at 10% and go up to the highest rate of 39.6%. Rental real estate will often generate depreciation expense and other direct expenses, so most investors will only pay rates at the lowest level of 10% (if they pay tax at all). The US tax code also has a very favorable long-term capital gains rate of 15% (subject to certain income).

The US has 50 states, but only 43 have a state income tax. But some states impose a transfer tax and other assessments that can complicate the situation.

Make sure you must consult a tax professional who has extensive knowledge of foreign tax issues.

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  • John Van UytvenPro Member
    Property Manager · Oconee, IL · Member since 2014 · 536 posts · 202 votes
    10y

    @Javier Gaillard

    You should check with a local CPA and Tax Attorney in the area you want to invest.

    Everything depends and changes depending exactly where you are doing business.

    A LLC won't help you get a better rate, but it could offer you more protection.

    Good Luck

    And remember

    *DFTBA*
    Don't Forget To Be Awesome

  • Principal · Charlotte, NC · Member since 2010 · 200 posts · 89 votes
    10y

    @Javier Gaillard  if you are still needing help i can refer a CPA who has worked with my international clients.  send me a pm if you need help. 

  • Accountant · Chandler, AZ · Member since 2014 · 72 posts · 36 votes
    10y

    @Javier Gaillard

    There are definetely state and federal tax issues to consider.  The three main US tax issues that foreign investors need to be aware of are: (1) income tax; (2) estate tax; and (3) gift tax.

    For federal taxes, many foreign investors will find themselves being assessed tax at the same rates as US individuals. These rates begin at 10% and go up to the highest rate of 39.6%. Rental real estate will often generate depreciation expense and other direct expenses, so most investors will only pay rates at the lowest level of 10% (if they pay tax at all). The US tax code also has a very favorable long-term capital gains rate of 15% (subject to certain income).

    The US has 50 states, but only 43 have a state income tax. But some states impose a transfer tax and other assessments that can complicate the situation.

    Make sure you must consult a tax professional who has extensive knowledge of foreign tax issues.

  • Investor · Suwanee, GA · Member since 2013 · 251 posts · 30 votes
    10y
    I have an international client that is closing on a rental property he is selling. He has to pay 18% in withholdings. Is there anything he can do right now to lower that tax amount? Like show more losses, etc.
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