3 Taxation of Foreign Persons with U.S. Activities

U.S. Tax Law Essentials · 3:14

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Lyrics

[Verse 1]
When foreign persons work in the U.S. land
They face two pathways we must understand
Effectively connected income's one way
Where graduated rates come into play
Like U.S. citizens they'll pay their share
On business income earned while working there

[Chorus]
ECI gets graduated rates, that's the business way
FDAP gets thirty percent, withholding every day
Eight-eight-four for branch profits, nine-seven for the land
Eight-nine-two saves governments, now you understand

[Verse 2]
But passive income takes a different route
Fixed determinable, we don't compute
Annual periodical income streams
Get thirty percent withholding, that's the scheme
No deductions, no expenses to subtract
Just gross income times thirty, that's the pact

[Chorus]
ECI gets graduated rates, that's the business way
FDAP gets thirty percent, withholding every day
Eight-eight-four for branch profits, nine-seven for the land
Eight-nine-two saves governments, now you understand

[Verse 3]
Section eight-eight-four brings another tax
When foreign corporations can't relax
Branch profits tax on earnings not reinvested
Thirty percent on profits that aren't protected
It's like a dividend tax in disguise
On money flowing back across the skies

[Bridge]
Real property investment, section eight-nine-seven
FIRPTA rules make foreign buyers pay to heaven
Gains on U.S. real estate can't escape
Withholding rules will keep returns in shape

[Verse 4]
But governments get special treatment here
Section eight-nine-two makes exemptions clear
Sovereign immunity comes into play
Commercial activities still must pay
But governmental functions get to slide
Tax-free status is their sovereign pride

[Final Chorus]
ECI gets graduated rates, that's the business way
FDAP gets thirty percent, withholding every day
Eight-eight-four for branch profits, nine-seven for the land
Eight-nine-two saves governments, now you understand
Foreign taxation, education, memorize this plan!

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