The Short Answer
Yes, foreigners CAN open an IRA - but only if they have US earned income. Non-resident aliens without US employment generally cannot contribute to an IRA.
The Key Requirement: US Earned Income
To contribute to any IRA (Traditional or Roth), you must have "earned income" from US sources. This is the fundamental requirement that determines whether a foreigner can use retirement accounts.
Earned income includes:
- Wages, salaries, tips from US employment
- Self-employment income from a US business
- Commissions earned in the US
The following do NOT count as earned income:
- Investment income (dividends, capital gains, interest)
- Rental income
- Pension or annuity payments
- Income earned outside the US
Common Misconception
Simply opening a US brokerage account or investing in US stocks does not give you earned income. You cannot contribute to an IRA based on trading profits, dividends, or other investment returns.
Who Can Open an IRA?
H-1B Visa Worker
Working for a US company on an H-1B visa? You can contribute to a Traditional IRA, Roth IRA (income limits apply), and participate in your employer's 401(k).
L-1 Intracompany Transferee
Transferred to a US office? Your US salary qualifies as earned income. You're eligible for all retirement account options.
E-2 Treaty Investor
Running a business on an E-2 visa? Your salary from the business counts as earned income, making you eligible for IRAs.
Green Card Holder
Permanent residents are treated like US citizens for tax purposes. Full access to all retirement accounts with US earned income.
Non-Resident Investor
Living abroad and only investing in US stocks? No US earned income means no IRA eligibility, regardless of investment size.
B-1/B-2 Tourist
Visiting the US? Tourist visas don't permit employment, so you have no earned income and cannot contribute to an IRA.
Types of US Retirement Accounts
| Account Type | Tax Treatment | 2024 Limit | Foreign Eligibility |
|---|---|---|---|
| Traditional IRA | Tax-deductible contributions, taxed on withdrawal | $7,000 ($8,000 if 50+) | With US earned income |
| Roth IRA | After-tax contributions, tax-free growth and withdrawal | $7,000 ($8,000 if 50+) | With US earned income + income limits |
| 401(k) | Pre-tax contributions through employer | $23,000 ($30,500 if 50+) | Must have US employer |
| SEP IRA | For self-employed, higher limits | 25% of compensation up to $69,000 | With US self-employment income |
| HSA | Triple tax-advantaged health savings | $4,150 individual / $8,300 family | With qualifying health plan |
Traditional IRA vs. Roth IRA for Foreigners
Traditional IRA
Contributions may be tax-deductible, reducing your current US tax burden. Withdrawals in retirement are taxed as ordinary income. If you plan to return to your home country, you'll need to consider how withdrawals are taxed under your country's tax treaty with the US.
Roth IRA
Contributions are made with after-tax dollars, but qualified withdrawals are completely tax-free. This can be advantageous if:
- You expect to be in a higher tax bracket in retirement
- Your home country has a tax treaty that excludes Roth withdrawals from taxation
- You want tax-free growth without Required Minimum Distributions (RMDs)
Roth IRA Income Limits (2024)
To contribute fully to a Roth IRA, your modified AGI must be below $161,000 (single) or $240,000 (married filing jointly). Contributions phase out above these limits.
What Happens When You Leave the US?
If you return to your home country, your IRA remains in place. However, several considerations apply:
Maintaining the Account
- You can keep the IRA open and invested after leaving
- You cannot make new contributions without US earned income
- Some brokerages may restrict access for non-US residents
- Address changes may require updating your W-8BEN status
Withdrawal Considerations
- Traditional IRA: Withdrawals are subject to 30% withholding (or lower treaty rate)
- Roth IRA: Qualified withdrawals are generally not subject to US tax, but verify treaty treatment
- Early Withdrawal: 10% penalty applies if under 59.5 (some exceptions exist)
Tax Treaty Critical
Your home country's tax treaty with the US significantly affects how IRA distributions are taxed. Some countries tax worldwide income, meaning you may owe taxes at home on US retirement account withdrawals. Consult a cross-border tax advisor before making decisions.
Alternatives for Non-Eligible Foreigners
If you don't have US earned income, consider these alternatives for tax-efficient investing:
Regular Brokerage Account
- No earned income requirement
- Capital gains from trading generally not taxable for NRAs
- Dividends subject to 30% withholding (or treaty rate)
- Consider accumulating ETFs to minimize dividend drag
Tax-Advantaged Accounts in Your Home Country
- Many countries have their own retirement account systems
- May offer better tax treatment under local law
- Avoid cross-border complications
US Real Estate Investment
- No income requirement to purchase property
- Rental income and appreciation potential
- 1031 exchanges for tax-deferred sales
- Learn about real estate investment
Common Questions
Can I open an IRA with my ITIN?
Yes, you can open an IRA using an Individual Taxpayer Identification Number (ITIN) rather than an SSN. However, you still need US earned income to contribute.
Does my foreign income count toward IRA eligibility?
No. Only income that is subject to US taxation counts as earned income for IRA purposes. Income earned in your home country, even if reported to the IRS, does not qualify.
Can I roll over my home country's retirement account to a US IRA?
Generally no. US retirement accounts only accept rollovers from other US qualified plans. Foreign pension plans cannot be directly transferred to an IRA.
What if I'm a dual citizen?
US citizens (including dual citizens) are taxed on worldwide income. If you have earned income from anywhere in the world, you may be able to contribute to an IRA, subject to the Foreign Earned Income Exclusion limitations.
Need Help with US Retirement Planning?
I can help you understand your eligibility for US retirement accounts and structure your investments for optimal tax efficiency across borders.
Sergei Tokmakov, Attorney β California Bar #279869