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Chicago Illinois Form 8288: What You Should Know

S. Nonresident alien related person. (h) Any person who is not a resident of the United States may be subject to filing a federal nonresident withholding tax (also known as a  foreign income tax) and to withholding and paying any U.S. federal income tax (and other U.S. taxes) required by the treaty or treaty provision which requires this. This treaty or treaty provision may provide, for example, that the tax imposed by any such treaty may be withheld from dividends, interest, and property income, and may include the  other U.S. taxes imposed on such dividends, interest, and property income. In order for a domestic tax return to contain an adjustment to the amount  of withholding and paying required under treaty or treaty provision, the return must state the amount of these withholding and paying required under treaty or treaty provision on a properly completed statement. This statement of the treaty tax withholding is also required, for any domestic nonresident individual or domestic nonresident foreign corporation with respect to which a determination of the withholding tax, penalties, and interest is required. Foreign nonresident withholding tax is not required until a return is filed with the IRS. An example: A Form 8289 is returned and shown to be noncompliant for a nonresident alien filer in the United States. A U.S. resident alien has filed a federal income tax return on Form 8289 in the United States and paid no tax on the interest on the 10,000,000 investment from the funds. The amount of withholding is not allowed for withholding. The amount that has not been withheld is deemed returned to the foreign person. 26 CFR § 1.1445-6(b)--For Foreign Persons (See also 26 CFR § 1445.201). In most cases, the withholding requirement to be met is shown for a taxpayer on Form W-8BEN, U.S. Bank Form W-8 Election for Certain Withholding. If payment is received by the taxpayer in a foreign country but remitted by the U.S.

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