A Closer Look as to How Nonresidents Can Utilize the U.S.- Korean Income Tax         Treaty to Avoid U.S. Taxation Associated With a Domestic Retirement Plan                                                               Distributions

A Closer Look as to How Nonresidents Can Utilize the U.S.- Korean Income Tax Treaty to Avoid U.S. Taxation Associated With a Domestic Retirement Plan Distributions

Tax Law
By Anthony Diosdi In an increasingly global economy, workers are experiencing unprecedented mobility. As such, foreigners living in America, even for a limited time, often participate in a pension or retirement plan in the United States; participation might even be mandatory. In most cases, pretax money is contributed into retirement accounts where it accumulates tax-free until retirement. U.S. retirement such as 403(b) plans, 401(k) plans, and Individual Retirement Accounts (“IRAs”) are commonly encountered by foreigners who are employed in the United States. In the alternative, Americans who are employed abroad often contribute to foreign retirement plans. Whether contributions, earnings, and distributions are includible in a foreign worker’s U.S. taxable income depends on how the worker is classified for U.S. tax purposes and whether a tax treaty exempts an event that…
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