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:

The following do NOT count as earned income:

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:

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

Withdrawal Considerations

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

Tax-Advantaged Accounts in Your Home Country

US 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