How to Claim US Tax Treaty Benefits
Reduce your US withholding tax from 30% to as low as 0% under bilateral tax treaties
60+ Treaties
Countries with US tax treaties
30% to 0%
Withholding rate reduction possible
W-8BEN
Key form to claim benefits
3 Years
Form validity period
Why Tax Treaties Matter
Without a tax treaty, the US withholds 30% of your dividends, interest, royalties, and certain other income at the source. For a foreign investor receiving $100,000 in dividends, that is $30,000 gone before you see a penny.
Tax treaties between the US and your home country can reduce this rate dramatically - sometimes to zero. But these benefits do not apply automatically. You must take specific steps to claim them.
Key Requirements
You Must Have
- Tax residence in a treaty country
- Subject to tax in that country
- Valid W-8BEN form on file
- Meet specific treaty requirements
Common Misconceptions
- Passport alone is not enough
- Benefits don't apply automatically
- Entity residence matters, not owner
- Forms must be renewed
Common Treaty Withholding Rates
Rates vary by country and income type. Lower rates (*) typically apply when recipient owns 10% or more of voting shares.
| Country | Dividends | Interest | Royalties |
|---|---|---|---|
| 🇬🇧 United Kingdom | 15% / 5%* | 0% | 0% |
| 🇩🇪 Germany | 15% / 5%* | 0% | 0% |
| 🇫🇷 France | 15% / 5%* | 0% | 0% |
| 🇯🇵 Japan | 10% / 5%* | 10% | 0% |
| 🇨🇳 China | 10% | 10% | 10% |
| 🇮🇳 India | 25% / 15%* | 15% | 15% |
| 🇨🇦 Canada | 15% / 5%* | 0% | 0% |
| 🇦🇺 Australia | 15% / 5%* | 10% | 5% |
| 🇰🇷 South Korea | 15% / 10%* | 12% | 15% |
| 🇷🇺 Russia | 10% / 5%* | 0% | 0% |
Countries Without US Tax Treaties
No Treaty Countries Include
- Brazil
- Argentina
- Singapore
- Hong Kong
- United Arab Emirates
- Most African countries
Investors from these countries face the full 30% withholding rate on FDAP income (Fixed, Determinable, Annual, or Periodical).
Step-by-Step Claim Process
Verify Your Treaty Eligibility
You must be a tax resident of a treaty country. Having a passport is not enough - you need to actually be subject to tax in that country based on residence or citizenship.
Complete Form W-8BEN or W-8BEN-E
On Part II, certify your tax residency and claim the specific treaty article that applies to your income type. For dividends from a UK resident, cite Article 10 of the US-UK treaty.
Submit to the Withholding Agent
Provide the completed form to whoever is paying you - your brokerage, the company paying dividends, or the entity paying royalties.
Renew Every Three Years
W-8BEN forms expire on December 31 of the third year after signing. Set a reminder to renew, or your withholding agent will revert to the 30% default rate.
Keep Documentation
Maintain records of your tax residency status, submitted forms, and any 1042-S forms showing withholding.
Part I: Identification
Enter your name, address, and taxpayer identification number. If you have a US ITIN or SSN, use it. If not, you can leave the US TIN blank and enter your foreign tax ID number instead.
Required Information
- Full legal name as on passport
- Country of citizenship
- Permanent residence address
- US TIN (if any) or foreign TIN
- Date of birth
Part II: Claim of Tax Treaty Benefits
You Must Specify
- Treaty country of residence
- Treaty article and paragraph
- Withholding rate claimed
- Type of income covered
Common Treaty Articles
- Article 10 - Dividends
- Article 11 - Interest
- Article 12 - Royalties
- Article 13 - Capital gains
Limitation on Benefits (LOB)
For entities filing W-8BEN-E, the Limitation on Benefits article is crucial. It prevents "treaty shopping" where entities are set up in treaty countries solely to claim benefits.
Capital Gains
Most US tax treaties exempt capital gains from US taxation if you are not present in the US for 183 or more days during the tax year. This means your stock market gains may be completely tax-free in the US (though taxable in your home country).
Key Points
- 183-day presence test is common
- May still be taxable in home country
- Different rules for different asset types
- Real estate gains have special rules
Real Estate Gains (FIRPTA)
FIRPTA (Foreign Investment in Real Property Tax Act) overrides treaty benefits for real estate gains. Even with a favorable treaty, you will face US taxation on gains from selling US real property interests.
Dual Residents
If you could claim residence in multiple treaty countries, the treaty's "tie-breaker" rules determine which country's treaty applies.
Tie-Breaker Criteria (in order)
- Permanent home
- Center of vital interests
- Habitual abode
- Nationality
- Mutual agreement procedure
Entity Structures
If you invest through a corporation or other entity, the entity's residence (not yours) determines treaty benefits. A British citizen investing through a Singapore company cannot claim UK treaty benefits - Singapore has no treaty with the US.
What If You Overpaid Withholding?
If the 30% rate was incorrectly applied when you should have received treaty benefits, you have options:
File Form 1040-NR
Report the income and claim a refund of the excess withholding. This requires filing a US nonresident tax return.
Request Refund from Withholding Agent
If caught quickly, the payer may be able to adjust before year-end reporting.
Form 8833 Disclosure
Disclose your treaty claim if taking a position that differs from US internal law.
Statute of Limitations
The statute of limitations for claiming a refund is generally three years from the return due date or two years from the date the tax was paid, whichever is later.
How I Help Clients
Services Provided
- Determine which treaty applies to your situation
- Identify correct treaty articles for each income type
- Complete W-8BEN or W-8BEN-E forms correctly
- Structure investments to maximize treaty benefits
- File refund claims for excess withholding
- Navigate Limitation on Benefits requirements