Taxation an Alien Is a Person Who Essay

  • Length: 5 pages
  • Sources: 4
  • Subject: Economics
  • Type: Essay
  • Paper: #8139688

Excerpt from Essay :


An alien is a person who is neither an American national nor citizen. A non-resident alien is a person who has not qualified after taking the presence examination or the green card evaluation. The American government taxes non-resident aliens only on earnings from U.S. commerce sources. Consideration of income is effective based on commerce or trades within the U.S.A. And is ineffective based on income outside USA sources (Fellows, 2012). For non-resident aliens, taxing of their income is independent of efficiency of connection of the alien's income to U.S. trade or commerce sources. It is succinct that USA tax regime differs for resident and nn-resident aliens.

Income that is properly linked to a USA commerce or trade is subject to a flat legislative tax of 30% on the total amount earned without a deduction executed for related expenses. Decreased tax rates exist depending on the type of income and whether USA levy treaties apply. Income that is inefficiently linked to a USA commerce or trade includes but is unlimited to dividends, FDAP income, royalties, rents and interest. In the event of various types of interest earnings, the size of income is apparently excluded from the U.S.A. taxation regime under the U.S.A. internal revenue statute (Seidman, 2003).

Answer to Question 2

USA has an alternative tax regime dubbed the alternative minimum tax regime or AMT which creates a way through which the taxing agencies ensure that ratepayers remit a least minimum tax amount on their income (Johnson, 2008). AMT has an exclusive set of computation methods than the regular tax. Regular tax calculation requires addition of gross income, subtraction of several deductions and exemptions, or various itemized deductions. For AMT reasons, income which is not subject to normal taxing is inclusive in the AMT regime. Resultant tax in AMT system may be greater tax under regular taxation circumstances (Johnson, 2008). The taxation affiliation has to ensure that all people under its dispensation remit their dues in time.

In computation of the alternative minimum tax, several adjustments are necessary. Addition of some income not taxable under the regular taxation is essential. Various deductions undergo adjustment downwards or entire elimination (Johnson, 2008). Though most alternative minimum ratepayers are normally well off, the tax has been gradually encroaching on solidly middle and upper middle financial stratification. The AMT is almost striking ratepayers with huge families, married people and those who reside within highly taxed states (Johnson, 2008). This clearly depicts that the alternative tax regime affects the U.S.A. inhabitants directly or indirectly.

Answer to Question 3

The contemporary residency stipulations by the American government are available in the international revenue code or IRC. Though tax residency statutes concentrate on the immigration statutes regarding both non-immigrants and immigrants, the stipulations define residency for taxation reasons in an overly dissimilar way from the immigration stipulations. Under the residency statutes of the IRC code, aliens who do not pose as residents in America are non-residents. Any alien can acquire residency alien status in one of the three distinct ways (Fellows, 2012).

The first channel of altering status from non-residency to a permanent residency category under the immigration laws is through various examinations. Under the green card test, a person who is an official and resident under the immigration statutes completes an assortment of tests to examine their eligibility to become legal USA residents after which they can naturalize their stay. The second test is the substantial presence examination that requires the non-resident alien to prove their 183-day stay in U.S. For over three years. The third option is through making a first year choice. Under these statutes, an undocumented alien subject to the immigration statutory who pass the second test pos as resident aliens for taxation reasons.

Answer to Question 4

Treaty income of the non-resident aliens is the total earnings on which a tax treaty limits the tax. Treaty earnings include dividends from USA commerce and trades subjective to taxation at a tax rate that barely exceeds 15% (Seidman, 2003). Non-treaty earnings or income is the total income of a nonresident person on which the resultant tax is unlimited by a tax treaty. For nonresident people, treaties undermine or eliminate USA taxes on several types of individual services and other earnings such as dividends, capital gains and royalties among others. Numerous treaties undermine the tally of years that a person can claim treaty exclusion.

For persons such as trainees, students and apprentices, the limit is normally four to five years. Professionals such as researchers, teachers and professors have a limit of two to three years. Once any person completes that period, they are legally subject to treaties and cannot receive any exemption (Fellows, 2012). In various instances, tax agencies can tax income in a retroactive fashion for earlier years. Treaties have additional necessities for benefit eligibility. A government publication on USA tax treaties presents a summary of such treaty types. Thus, tax treaties relieve the burden of taxation to people and offer exemptions until they expire.

Answer to Question 5

Tax credits decrement an individual's tax liability on a dollar for dollar fashion. It is more precious than a sheer deduction which decreases the taxable earnings. It is usually a good incentive to use the tax credits if the tax rates in the U.S.A. And the other country are comparable or slightly different. If anyone anticipates being apt in using the carry over and if the foreign earnings are higher than the exclusion or if one has other taxable earnings (Fellows, 2012). This is because the tax agencies calculate the tax rate by excluding earnings as an account. The foreign tax credit cannot surpass an individual's tax accountability when multiplied by percentages.

The percentage in such an instance is the individual's gross foreign source earnings divided by the person's gross worldwide earnings. Figuring the allowable amount by several types of income is necessary (Seidman, 2003). Wages and investment earnings are some of the income types. Carrying back to a previous tax year is possible for any foreign tax credit that transcends the minimum limit. Carrying forward of the credit is also achievable for the succeeding 10 years of tax.. A ratepayer can alternate between deductions and credits.

Answer to Question 6

Withholding agents are individuals, USA or foreigners that have control, disposal, receipt and payment of any portion of earnings of a foreign person that is subjective to withholding by the NRA (Cch Tax Law Editors, 2009). A withholding entity has the responsibility of liability for any tax that requires withholding. This responsibility is independent of tax liability of the person from the other country who receives the payment. If the withholding agent fails to withhold and their foreign counterpart fails to meet the U.S.A. tax liability requirements, both players have to take liability for taxation, penalties and interests due to failure of withholding (Cch Tax Law Editors, 2009).

Taxation agencies collect tax only once and if the foreign person meets the U.S.A. tax liability, the withholder is responsible for penalties and interests because of failure. Withholding agents can withhold tax on remittances of USA generated and FDAP earnings to foreign individuals and to deposit such taxes to the U.S.A. treasury, present an exclusion that the code mandates or a proper income tax treaty (Cch Tax Law Editors, 2009). When the withholding entities fail to withhold and their foreign counterparts fails to satisfy its withholding tax liability, the withholding agent and their foreign counterpart are responsible for any tax, penalties and interests. All these statutes are in line with the code.

Answer to Question 7

A foreign trust is only mandated to USA source earnings and income that is properly connected to a proactive USA business in which the trust has a possession interest. USA income of a periodic or fixed nature is subjected to a USA withholding tax of 30% (Seidman, 2003). Properly connected income undergoes taxing at standard rates imposed on the U.S.A. ratepayers. Deductions are unavailable in linkage with periodic or fixed income and they are present for properly connected earnings. Special exclusions from USA tax income from bank deposits and USA portfolio interests remitted to foreigners exist, whereby exemptions apply fr foreign trusts and other ratepayers.

If a foreigner trusts only USA assets to be the bank deposits and appropriate collections debt instruments, the trust does not remit any USA income tax on its source income. Foreign trusts are permanently exempt from USA asset gains taxes on insubstantial resources. Even If a foreign affiliation maintains active presence in the U.S. For 183 days it would normally tax foreign persons on capital earnings, thus foreign trusts cannot be subject to such taxes. Gains on sale of USA stocks, bonds and other debts are normally exempt from USA tax. This exemption does not cover U.S. real property assets (Fellows, 2012).

Answer to Question 8

If the spouse is not a USA citizen and you possess a large estate that is sufficient to yield estate taxes on your demise, you may require additional planning.…

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