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How should an EB-5 investor file taxes after Form W8-BEN is provided?

I am an EB-5 investor in Mainland China and I am waiting for an appointment. I will receive the annual interest income from the project side every year, and the project side will withhold 30% every year, and then send K-1 and 1042-s to me. Then my accountant will declare in accordance with 10% in the 1040-NR tax declaration, and it is expected that after 6 months, the IRS will give the tax refund of 20% more withheld to my account. The project side should directly determine that I am a non-tax resident according to the information in the W-8BEN form I provided, and the preferential tax rate can be reduced or exempted. For non-tax residents in Mainland China, after providing W-8BEN form, is dividend income and interest income exempt or taxed at 10%? Should I fill in 1040NR if it is exempt?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You really need to consult with a licensed US tax advisor familiar with international transactions. You can take a look at the IRS website for guidance but even then you also need to examine the tax treaty with your home country to look for variations.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    These are detailed questions which your accountant should answer.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your CPA should be the one to advise you.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should get these questions answered by a tax attorney.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Your CPA should advise you on this question.