$50T+

US Market Cap

Largest stock market

0%

Capital Gains Tax

For non-residents

15-30%

Dividend Withholding

Treaty dependent

5,000+

Listed Stocks

NYSE + NASDAQ

Can Foreign Investors Trade US Stocks?

Yes - No Citizenship or Residency Required

The United States welcomes foreign investment in its stock markets. There are no citizenship or residency requirements to buy and sell US stocks, ETFs, or other securities. Millions of non-resident aliens (NRAs) hold US brokerage accounts and trade daily.

However, the process differs from what US residents experience:

  • Different account opening requirements
  • Specific tax forms required (W-8BEN)
  • Dividend withholding at source
  • Some country-specific restrictions

Key Advantages for Non-Resident Investors

Major Tax Benefit: No US Capital Gains Tax

Unlike US residents, non-resident aliens generally pay zero US federal tax on capital gains from stock sales. This is one of the most significant advantages for foreign investors.

Tax Advantages

  • 0% federal tax on capital gains
  • Treaty-reduced dividend rates available
  • No state tax for non-residents
  • Interest income often exempt

Market Advantages

  • Largest, most liquid markets
  • 5,000+ tradeable stocks
  • Low-cost ETF options
  • Strong investor protections

Opening a US Brokerage Account

Step-by-Step Process

1. Choose a Broker

  • Interactive Brokers (most countries)
  • Firstrade (commission-free)
  • Charles Schwab (select countries)
  • TD Ameritrade (limited availability)

2. Gather Documents

  • Valid passport
  • Proof of address (utility bill)
  • Foreign tax ID number
  • Bank account information

3. Complete Application

  • Online application form
  • Upload identity documents
  • Complete W-8BEN form
  • Wait for approval (1-5 days)

4. Fund and Trade

  • Wire transfer (most common)
  • ACH if US bank account
  • Wait for funds to settle
  • Start trading
Some brokers do not accept clients from Cuba, Iran, North Korea, Syria, or Russia

W-8BEN: Your Tax Certification Form

Form W-8BEN (Certificate of Foreign Status of Beneficial Owner) is required for all non-resident aliens opening US brokerage accounts. It serves two critical purposes:

Purpose of W-8BEN

  • Certifies your foreign status
  • Claims tax treaty benefits
  • Reduces dividend withholding
  • Required by all US brokers

Information Required

  • Full legal name (as on passport)
  • Country of citizenship
  • Permanent residence address
  • Foreign tax ID number
  • Date of birth
W-8BEN is valid for 3 calendar years plus the year signed. Renew before expiration to avoid 30% withholding

Funding Your Account

Wire Transfers (Most Common)

  • International wire from your bank
  • Fees: $20-50 typically
  • Settlement: 1-3 business days
  • Source of funds docs may be needed

Currency Conversion Tips

  • Use Wise for better rates
  • Interactive Brokers forex desk
  • Avoid broker conversion fees
  • Convert before transferring
Be prepared to document source of funds. Brokers may request bank statements for large deposits

Tax Treatment

Dividend Withholding by Country

When US companies pay dividends to foreign investors, those payments are subject to withholding tax. Your broker automatically withholds before crediting your account.

Country Treaty Rate Notes
United Kingdom 15% Reduced from 30%
Germany 15% Reduced from 30%
Japan 10% One of lowest rates
China 10% Reduced from 30%
Canada 15% Reduced from 30%
Australia 15% Reduced from 30%
No Treaty (Brazil, Singapore, UAE) 30% Default rate applies

Capital Gains: Generally Tax-Free

Non-resident aliens are generally NOT subject to US federal tax on capital gains

As long as you maintain non-resident status and gains are not effectively connected with a US trade or business, you keep 100% of your trading profits from the US tax perspective.

What is Exempt

  • Stock sale profits
  • ETF capital gains
  • Bond capital gains
  • Options trading profits

Remember

  • Your home country may still tax
  • Most countries tax worldwide income
  • Consult home country advisor
  • Keep records for both jurisdictions

Estate Tax Warning

US stocks held by non-residents may be subject to US estate tax upon death

One often-overlooked issue: the exemption for non-residents is only $60,000 (compared to over $12 million for US citizens).

Estate Tax Rates

  • $60,000 exemption for NRAs
  • Up to 40% tax rate
  • Applies to US-situs assets
  • Includes stocks and real estate

Protection Strategies

  • Hold through foreign corporation
  • Use certain trust structures
  • Consider treaty protections
  • Professional planning essential

Trading Rules & Restrictions

Pattern Day Trading (PDT) Rule

If your account is classified as a US margin account, the PDT rule applies: you cannot make more than 3 day trades in a 5-day period unless you maintain $25,000+ in equity.

  • Applies to margin accounts with US brokers
  • Cash accounts are NOT subject to PDT
  • Some offshore brokers offer PDT-exempt accounts

Options and Margin Limitations

Options Trading

  • Covered calls usually available
  • Naked options often restricted
  • Approval process may be stricter
  • Level limits vary by broker

Margin Availability

  • Interactive Brokers: generally offers
  • Firstrade: limited margin
  • Varies by your country
  • Some brokers deny entirely

Mutual Fund Restrictions

US mutual funds typically cannot be sold to non-US residents due to securities registration requirements. Focus on ETFs instead, which are freely tradeable.

  • ETFs are fully accessible
  • Mutual funds generally restricted
  • ADRs (foreign stocks) available

Reporting Requirements

What Broker Reports to IRS

  • Dividend payments
  • Withholding amounts
  • Shared with home country (FATCA/CRS)
  • Automatic reporting

Your Home Country Obligations

  • Annual income tax returns
  • Foreign asset disclosures
  • CRS automatic exchange
  • Report dividends and gains