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Question about tax, income from US securities for non resident

lisic

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lisicNew MemberAuthor
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Sep 2024
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15

#1

("hypothetical situation")

I have a brokerage account in US, and live in small country in Asia.
As a non-resident of USA, I submitted W-8ben form to them.

My country has strict regulation about direct investment to other country, They are not allowed poeple to invest with US brokerage firm .

But the US brokerage firm open my account without any hassle.

Anyway, for last year I earned about 200k d usd profit from my trading. (Most of those are commodities)

And because of the W-8ben form, I know I have to pay tax to my country but due to regulation, I didn't report to my country about my income.

So I paid 0 tax for now. and no one ask about the money.
Is this sustainable? I don't know what to do

Maybe I should make an US coporation and trading with that.

Martin EversonOffshoreCorpTalk moderator
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Jan 2018
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11,922

#2

riir said:

Is this sustainable?

No

riir said:

I don't know what to do

Paying taxes are better than going to jail or similar.

Either relocate or pay the taxes. Your just storing up problems for the future right now.

jafoHigh-Ranking Operative
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4,061

#3

Martin Everson said:

Paying taxes are better than going to jail or similar.

Either relocate or pay the taxes. Your just storing up problems for the future right now.

riir said:

My country has strict regulation about direct investment to other country, They are not allowed poeple to invest with US brokerage firm .

Did you see that?
Would it be a good idea for him to "snitch on himself" like that? 🙄

JackAlabamaHigh-Ranking Operative
Joined
Oct 2020
Messages
4,172

#4

riir said:

("hypothetical situation")

I have a brokerage account in US, and live in small country in Asia.
As a non-resident of USA, I submitted W-8ben form to them.

My country has strict regulation about direct investment to other country, They are not allowed poeple to invest with US brokerage firm .

But the US brokerage firm open my account without any hassle.

Anyway, for last year I earned about 200k d usd profit from my trading. (Most of those are commodities)

And because of the W-8ben form, I know I have to pay tax to my country but due to regulation, I didn't report to my country about my income.

So I paid 0 tax for now. and no one ask about the money.
Is this sustainable? I don't know what to do

Maybe I should make an US coporation and trading with that.

relocate, there are a few options in southeast asia where this works better and suitable for your budget which is already above average.
Philippines is a good starting point but there are others.
Personally would not stay in a place which outright prohibits investment into my target market/niche.

lisicNew MemberAuthor
Joined
Sep 2024
Messages
15

#5

Martin Everson said:

Either relocate or pay the taxes. Your just storing up problems for the future right now.

JackAlabama said:

relocate, there are a few options in southeast asia where this works better and suitable for your budget which is already above average.

Thanks for the advices.

But I'm afraid I can't go to other countries cause I run a mortal-and-brick bussiness in Korea right now. :(

I think I should gonna form a coporation in US or other countires and pay tax there.

As far as I know, I heard that I can invest in American securities via coporation. Is this correct?

JackAlabamaHigh-Ranking Operative
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4,172

#6

riir said:

Thanks for the advices.

But I'm afraid I can't go to other countries cause I run a mortal-and-brick bussiness in Korea right now. :(

I think I should gonna form a coporation in US or other countires and pay tax there.

As far as I know, I heard that I can invest in American securities via coporation. Is this correct?

I did not know korea is so strict with this.

you could do that, but it wont solve your problem. If you hold a us company is same as if you own us stocks (which are a us company too).
Maybe if you have a HK or SG or TW company with local director which in turn has Us assets might work. Then you invest in one of these countries, but the company there does invest smth else.

lisicNew MemberAuthor
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Sep 2024
Messages
15

#7

JackAlabama said:

I did not know korea is so strict with this.

you could do that, but it wont solve your problem. If you hold a us company is same as if you own us stocks (which are a us company too).
Maybe if you have a HK or SG or TW company with local director which in turn has Us assets might work. Then you invest in one of these countries, but the company there does invest smth else.

Oh South Korean government allow people to have a US company, but we have to report Korean govenment that I'm making corporation overthere.

They just don't allow people trade with foreign brokerage firm, only via Korean borker firm. But I need to invest with US brokerage cause they have so many products to invest. not like Korean brokerage.

It's really strict right? That's why I'm always interested in offshore banking . They even don't allow transfer money from my Korean bank account to foreign bank account with my name. We have to report and get permission of that

Last edited: Sep 15, 2024

JackAlabamaHigh-Ranking Operative
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Oct 2020
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4,172

#8

riir said:

Oh South Korean government allow people to have a US company, but we have to report Korean govenment that I'm making corporation overthere.

They just don't allow people trade with foreign brokerage firm, only via Korean borker firm. But I need to invest with US brokerage cause they have so many products to invest. not like Korean brokerage.

It's really strict right? That's why I'm always interested in offshore banking . They even don't allow transfer money from my Korean bank account to foreign bank account with my name. We have to report and get permission of that

well im not familiar with korean rules. Seems some sort of capital controls are in place.
Well, if thats ok and they don't construct this as you avoiding the ban, its a good way. Just open a simple us llc and ibkr for this, declare what you must 100% holding of the us llc and pay tax either on full or on distributed member share.

lisicNew MemberAuthor
Joined
Sep 2024
Messages
15

#9

JackAlabama said:

well im not familiar with korean rules. Seems some sort of capital controls are in place.
Well, if thats ok and they don't construct this as you avoiding the ban, its a good way. Just open a simple us llc and ibkr for this, declare what you must 100% holding of the us llc and pay tax either on full or on distributed member share

Thank you !

Martin EversonOffshoreCorpTalk moderator
Joined
Jan 2018
Messages
11,922

#10

jafo said:

Did you see that? Would it be a good idea for him to "snitch on himself" like that? 🙄

If you don't like laws where you live then move end of story. If you can't move then don't break the law period.

jafoHigh-Ranking Operative
Joined
May 2022
Messages
4,061

#11

Martin Everson said:

laws

Arbitrary rules set by a group of people that benefits them and stumps the rest!
It works....as long as they have "order followers" to enforce them. ;)

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