Skip to content

US tax for an owner abroad · A term for founders abroad

What is FDAP income?

Fixed or periodic US-source income such as dividends, interest and royalties, withheld on at 30% or a treaty rate when paid to a foreign person.

Read the explanation See the 2 questions

Checked against the IRS's instructions and the states' own rules. Reviewed by Saais Patel, compliance reviewer.

Topic
US tax for an owner abroad
Questions
2 answered
Sources
1 official
Reviewed by
Saais Patel

Term 34 of 105 in the glossary, filed under F.IRS: Publication 515, withholding on foreign persons

01 · Explained

FDAP income, for a founder abroad.

FDAP stands for fixed, determinable, annual or periodical. US-source passive income of this kind paid to a foreign person is taxed by withholding at 30% of the gross amount, with no deductions, unless a treaty lowers the rate. Royalties from a platform, dividends from a US company and interest are the usual examples.

Payments for services performed abroad aren't US-source, so they aren't withheld on. A W-8BEN is how you claim a treaty rate on FDAP income.

Sources: IRS: Publication 515, withholding on foreign persons.

02 · Questions

What founders ask next.

Is pay for my services FDAP income?
Only if the work is done in the US. Pay for services performed abroad is foreign-source and not withheld on.
Can I get FDAP withholding back?
If too much was withheld, for example because no W-8BEN was on file, a refund is claimed on a US return. It's simpler to give the payer the form first.

Ready when you are

Answer the questions. We do the filing.

It takes about four minutes. You see the whole order, Wyoming fee included, before anything is charged.

Compare the plans

Step 1 of 10 · About four minutesNothing charged yet

You're startingLLC · WY

Start a company

Launch · $351.40 · Wyoming fee included