How Are Investments Taxed in the US | TFX | US Expat Tax Service (2024)

Ines Zemelman, EA

26 Oct 2021

Imagine you have saved up some money and decided to invest it to earn additional income. You purchased stocks in a domestic corporation and after some time received a dividend. This extra income you have generated will have tax implications so you now need to know, how are investments taxed (in the US)?

How many types of investment incomes are there?

Suppose you bought a property to sell it at a profit once its value appreciates. Meanwhile, you decide to rent it out to someone. Now you expect to earn income in two ways:

  • Rental Income: The monthly rent you receive is your investment income and will be taxed accordingly.
  • Gains on the sale of property: The gains you receive once you sell your property is capital gain and will be taxed depending on how long you held the property.

Various factors affect how your investment income is taxed. One of them is the type of investment income. Generally, we can categorize them into the following 4 types.

1. Ordinary investment income:

The rent income you earned by renting out your property is an example of ordinary investment. Interest income is also considered an ordinary investment income.

2. Capital gains

Suppose you sell a property you bought more than a year ago. The proceeds you receive are more than what you paid for it. This means you have a capital gain and you will pay tax on it at long-term capital gain tax rates.

3. Income from tax-deferred investments

You may contribute to retirement plans such as 401(k). You don’t have to pay taxes at the time you make the contributions. This investment will be taxed once you withdraw your earnings from it. These are not tax-free investments. The taxes have just been delayed, therefore it is called tax-deferred investments.

4. Exempt investment income:

You may decide to invest in municipal bonds. Generally, the interest income received on these bonds is exempt from taxes. However, you may have to pay federal taxes on the Interest income generated from US treasury bills and a few other government savings bonds.

How does taxation of investment income work?

Once you make an investment you need to know how are investments taxed (in the US)?

Taxes on dividends

Dividends are the money or stock paid to you by a corporation or mutual funds. Additionally, the distribution you receive from any association, partnership, estate, or trust that is registered as a corporation for tax purposes is also considered a dividend. These can be classified into non-qualified and qualified dividends.

Non-qualified Dividend:

Also called the ordinary dividend, it is the most common type of distribution you receive from a corporation or mutual funds. A rule of thumb is any dividend paid to you is an ordinary dividend unless the paying entities inform you otherwise.

The non-qualified dividend is taxed at the same rate as your income tax.

Qualified Dividend:

If you are a regular investor then at some point you might be notified that you have received a qualified dividend. These are taxed at a lower rate as compared to the non-qualified dividend. Depending on your taxable income and filing status these will be taxed at 0%, 15%, or 20%.

You will only be able to benefit from this preferential tax treatment if the following criteria are met as set out in the publication 550 (2020) Investment income and expenses:

1. Issuance

Qualified dividends can only be issued by a US company or a foreign qualified company. A foreign company is considered qualified if it meets any of the following criteria

  • The corporation is incorporated in the US possession.
  • The corporation has a tax treaty with the US.
  • The stocks of the corporation for which the dividend is paid are readily tradable on an established securities market in the US.

2. Holding period

You have held the share for more than 60 days during the 121-day period that starts 60 days before the ex-dividend date. The ex-dividend date is the first date following the declaration of a dividend on which the buyer of the stock is not entitled to receive the next dividend payment.

3.Specifically listed as non-qualified dividend

Certain dividends are not qualified even if they are termed as one. These include capital gain distribution, dividends paid on deposits with mutual savings banks and similar financial institutions (these are reported as interest income), dividends from a corporation that is a tax-exempt organization during a tax year, etc.

How much you are paid and whether the dividends you received are qualified or non-qualified is indicated on Form 1099-DIV.

Taxes on mutual funds

According to the IRS

“A mutual fund is a regulated investment company that pools funds of investors allowing them to take advantage of a diversity of investments and professional asset management.”

Mutual funds own capital assets such as corporate bonds. shares of stock etc. You own shares in them. They pay you returns either as dividends or capital gains.

When Mutual funds sell the capital assets after holding them for more than a year the income you receive will be capital gain. If the asset sold was held for less than a year then it will be treated as dividend income.

Treat your capital gain income from a mutual fund as capital distribution regardless of the length of time you held the share in mutual funds.

There are instances where mutual funds allow the shareholder to reinvest distribution instead of receiving cash. You still have to report your dividend income even If you utilize your distributions to reinvest.

Taxes on capital gains

You have to pay IRS capital gain taxes on capital assets that you sold at a profit. Capital assets can be property, bonds, stock, or jewelry. The tax rates for these taxes will depend on the length of time you have held those assets.

Capital assets that are held for less than a year are taxed at an ordinary income tax rate whereas those that are held for more than a year are taxed at a capital gain tax rate which is lower than the income tax rate.

How to compute capital gain or losses?

If you sell your capital asset you will either have a gain or loss.

Suppose you purchased a property for $150,000. This cost becomes the initial basis. After a couple of months, you decided to renovate your bedroom for $10,000. Your adjusted basis is now $160,000 (150,000+10,000). The formula for calculating gain or loss is

Capital Gain/loss = Amounts Received - Adjusted basis

If your property is sold for more than the adjusted basis you will have a capital gain. If it sold for less than the adjusted basis you will have a capital loss.

How to use capital losses to reduce your tax liability

The IRS permits capital gains to be offset by capital losses. You can utilize capital losses from Investment A to reduce the gains from Investment B up to $3000 if you are single and $1500 if you’re married and file separate returns. Any unused losses can be carried forward to offset future capital gains.

If you don’t have enough gains to minimize your tax liability you can use capital losses to offset your ordinary income. You can use Schedule D to report your capital gains and losses to the IRS.

To make most of this allowance investors use a tax-loss harvesting strategy to minimize their taxable gains by selling low-performing investments.

To prevent shareholders from claiming artificial capital loss the IRS has a Wash sale rule. If an investor sells the stock and buys a “substantially identical stock within 30 days the capital losses will be disallowed. Moreover, the basis of the identical stock is its cost increased by the disallowed loss.

How Foreign Investment is taxed in the US?

Many investors in the United States invest across the globe to create a more efficient portfolio. Any interest, dividend income, and capital gains earned from foreign investment are subject to US income tax.

You might get taxed in the country where you have invested your money. To minimize this double taxation you might be eligible to get “Foreign tax credit”

According to the IRS

“If you paid or accrued foreign taxes to a foreign country or U.S. possession and are subject to U.S. tax on the same income, you may be able to take either a credit or an itemized deduction for those taxes.”

You can either take this tax benefit as a

  • Tax Deductions: If taken as a deduction foreign income taxes reduce your taxable income in the United States.
  • Tax Credits: If taken as credit, foreign income taxes reduce your tax liability.

The IRS prescribes 4 tests to determine whether a foreign tax qualifies for a credit.

  • The tax must be imposed on you
  • You must have paid or accrued the tax
  • The tax must be legal and actual foreign tax liability
  • The tax must be an income tax (or a tax in lieu of an income tax).

How a Foreign Investor is taxed in the US?

The foreign investors are taxed depending on their residential status and the type of investment they hold. A foreigner in the United States can either be classified as a resident alien or a non-resident alien.

A resident alien is a person who was not born in the United States and migrated from a foreign country. He either holds a green card or has passed a substantial presence test.

A non-resident alien on the other hand is an exempt individual such as a teacher or a student who does not hold a green card and has not passed the substantial presence test.

A resident alien is treated as a US citizen for tax purposes. The long-term capital gains are taxed at the lower capital gain tax rate and the short-term capital gains are taxed at their ordinary-income tax rate. They can also use their realized losses to reduce their taxable gain.

A foreigner with non-resident alien status, if not effectively connected with a U.S. business, does not have to file a US tax return. But their income might be taxable in their home country.

They are liable to pay 30% tax on any interest income and dividend they earned through a US company unless there exists a tax treaty between their home country and the US government.

If you have made multiple investments and have a hard time figuring out how are investment taxed (in the US)? And how much exactly do you owe to the tax authority? You can always consult a tax professional.

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Types of Investment Incomes and Their Tax Implications

When it comes to investments and their tax implications in the US, there are several key concepts to understand. Let's delve into the various types of investment incomes and how they are taxed.

1. Ordinary Investment Income:

  • Ordinary investment income includes rental income and interest income.
  • Rental income from properties and interest income are considered ordinary investment income and are taxed accordingly [[1]].

2. Capital Gains:

  • Capital gains are realized when an asset, such as a property, is sold for a profit. The tax on capital gains depends on how long the property was held.
  • Gains from the sale of a property held for more than a year are taxed at long-term capital gain tax rates [[1]].

3. Income from Tax-Deferred Investments:

  • Contributions to retirement plans, such as 401(k), are examples of tax-deferred investments.
  • Taxes on these investments are deferred until the earnings are withdrawn [[1]].

4. Exempt Investment Income:

  • Investments in municipal bonds generally result in interest income that is exempt from federal taxes.
  • However, interest income from US treasury bills and certain government savings bonds may be subject to federal taxes [[1]].

Taxation of Dividends

Taxes on Dividends:

  • Dividends are payments received from corporations or mutual funds. They can be classified as non-qualified or qualified dividends.
  • Non-qualified dividends are taxed at the same rate as income tax, while qualified dividends are taxed at a lower rate, depending on taxable income and filing status [[1]].

Taxation of Mutual Funds

Taxes on Mutual Funds:

  • Mutual funds can generate returns in the form of dividends or capital gains.
  • Capital gains from mutual funds are taxed based on the duration for which the assets were held, while dividends are treated as dividend income regardless of the holding period [[1]].

Taxation of Capital Gains

Taxation of Capital Gains:

  • Capital gains from the sale of assets, such as property, stocks, or bonds, are subject to IRS capital gain taxes.
  • Assets held for less than a year are taxed at ordinary income tax rates, while those held for more than a year are taxed at lower capital gain tax rates [[1]].

Utilizing Capital Losses:

  • Capital losses can be used to offset capital gains, and any unused losses can be carried forward to offset future capital gains or even ordinary income [[1]].

Foreign Investment Taxation in the US

Taxation of Foreign Investment:

  • Interest, dividend income, and capital gains earned from foreign investments are subject to US income tax.
  • To minimize double taxation, investors may be eligible for the "Foreign tax credit" [[1]].

Taxation of Foreign Investors:

  • Foreign investors in the US are classified as resident aliens or non-resident aliens, each with different tax implications based on their residential status and the type of investment they hold [[1]].

In summary, understanding the various types of investment incomes and their tax implications is crucial for individuals seeking to invest and generate additional income. It's important to consult a tax professional for personalized advice on tax planning and compliance.

How Are Investments Taxed in the US | TFX | US Expat Tax Service (2024)

FAQs

How are foreign investments taxed in the US? ›

When Americans buy stocks or bonds from foreign-based companies, the investment income and capital gains may be subject to both U.S. income tax and taxes levied by the company's home country. The U.S. foreign tax credit allows a taxpayer to deduct the foreign taxes to offset the liability to the U.S.

How are expats taxed in the US? ›

Filing taxes as a U.S. expat

Even if you are a U.S. citizen living and working outside of the United States for one or more years, you still likely need to file a U.S. tax return. The United States subjects your worldwide income to U.S. income tax, regardless of where you live.

How are investments taxed in the US? ›

Capital gains

They're usually taxed at ordinary income tax rates (10%, 12%, 22%, 24%, 32%, 35%, or 37%). Long-term capital gains are profits from selling assets you own for more than a year. They're usually taxed at lower long-term capital gains tax rates (0%, 15%, or 20%).

What is the IRS expatriate tax exclusion? ›

However, you may qualify to exclude your foreign earnings from income up to an amount that is adjusted annually for inflation ($107,600 for 2020, $108,700 for 2021, $112,000 for 2022, and $120,000 for 2023). In addition, you can exclude or deduct certain foreign housing amounts.

How do I avoid double taxation on foreign capital gains? ›

Foreign Earned Income Exclusion

Expats can use the Foreign Earned Income Exclusion (FEIE) to exclude a certain amount of foreign income from US taxation. The maximum exclusion amount changes each year. For the 2023 tax year, the FEIE exclusion limit is $120,000 and will increase to $126,500 for the 2024 tax year.

How much foreign interest is tax free in the USA? ›

The maximum foreign earned income exclusion amount is adjusted annually for inflation. For tax year 2023, the maximum foreign earned income exclusion is the lesser of the foreign income earned or $120,000 per qualifying person. For tax year 2024, the maximum exclusion is $126,500 per person.

Which states do not tax expats? ›

States with no income tax for expats
  • Alaska.
  • Florida.
  • Nevada.
  • South Dakota.
  • Texas.
  • Washington.
  • Wyoming.
Mar 4, 2024

What is the US exit tax for expats? ›

Mark-to-Market Exit Tax

Covered expatriates must pay a capital gains tax on all other assets above an inflation-adjusted exclusion limit ($767,000 in 2022, up from $744,000 in 2021) as if they sold those assets on the day prior to the date of expatriation.

What is the exemption for expat tax? ›

The Foreign Earned Income Exclusion, or FEIE, is also known as Form 2555 by the IRS. This expat benefit allows you to avoid double taxation by excluding up to a certain amount of foreign earned income from your US taxes. In 2024, for the 2023 tax year, you can exclude up to $120,000 of foreign earned income.

Do you have to pay capital gains after age 70 if you? ›

Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the “tax basis.”

Who pays the 3.8% net investment tax? ›

The net investment income tax (NIIT) is a 3.8% tax that kicks in if you have investment income and your income exceeds $200,000 for single filers, $250,000 for those married filing jointly or $125,000 for those married filing separately.

Do foreigners pay tax on US stocks? ›

You generally won't have to pay U.S. capital gains tax on your investment earnings if you're a nonresident alien. You'll usually be subject to the same capital gains tax as U.S. citizens if you're a resident alien.

How can an expat avoid US taxes? ›

Avoiding U.S. Taxes While Living Overseas

Under the U.S. tax laws currently in place, there is no way for an American citizen to avoid filing a tax return and paying the related taxes except by renouncing their U.S. citizenship.

What is the IRS expat tax rate? ›

(updated Feb. 26, 2024) Foreign persons are generally subject to U.S. withholding tax at a 30% rate on gross income they receive from income not effectively connected with a U.S. trade or business.

Do expats still have to pay US taxes? ›

U.S. taxes are based on citizenship, not country of residence. That means it doesn't matter where you call home, if you're considered a U.S. citizen, you have a tax obligation this tax year. Your expat tax filing requirement doesn't change even if you're paid by a foreign employer overseas.

Do US citizens pay taxes on foreign assets? ›

Any income generated from foreign assets must also be reported on your U.S. tax return. This includes interest, dividends, rental income, and capital gains. Consider additional forms: Depending on your specific circ*mstances, you may need to file other forms.

Do I have to pay tax on money transferred from overseas to the US? ›

Recipients of foreign inheritances typically don't have a tax liability in the United States. And, if you're sending your own money from a foreign bank account to a domestic one, you won't have to pay taxes on the transfer.

What are the rules for foreign investments in the US? ›

The foreign investor is permitted and treated based on conditions not less favorable than those that apply to domestic investors in similar circ*mstances, excluding ownership of land, which is regulated by a special law. In all cases and at all times investments have equal and impartial treatment, and full security.

Are foreign exchange gains taxable in the US? ›

Gains and losses from foreign currency transactions will generally be taxable (or deductible) in the US or in a foreign country based on the applicable tax law.

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