Tax treaty net basis elections.

The Tax AdviserVol. 40 Nbr. 5, May 2009

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Tax treaty net basis elections.

There are two basic methods of taxation for foreign taxpayers with income from U.S. sources: net income tax at graduated rates where the foreign person is engaged in a U.S. trade or business, or a 30% tax on gross payments of other fixed or determinable annual or periodic (FDAP) income. Tax treaties reduce the flat 30% rate on gross payments where the FDAP income recipient is a qualified resident of a treaty country. However, treaties may also offer special elections that recharacterize certain t...

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