Withholding tax in United States 2026
The US default withholding on passive income to foreigners is a blunt 30% — but the exceptions are the story: 0% on bank deposit interest, 0% on qualifying portfolio bond interest, and treaty rates of 15% or less on dividends for most investors.
US real estate is the enforcement zone: FIRPTA taxes foreigners' property gains and withholds at closing.
At a glance
- top rate
- 30% (default on dividends, royalties, rents)
- entry band
- 0% on bank interest and portfolio interest
- tax year basis
- Withheld at payment
- filing deadline
- Final for passive income — no return if correctly withheld
- residency basis
- US-source income of non-resident individuals
- regime flag
- W-8BEN certification unlocks treaty rates at source
Rates
Withholding on payments to non-resident individuals (2026)
| Rate | Base | Applies to |
|---|---|---|
| 30% | Gross | Dividends — typically 15% or less under treaties |
| 0% | — | US bank deposit interest and qualifying portfolio bond interest |
| 30% | Gross | Royalties, rents and other periodic income — treaty-reducible, often to 0%–10% |
| Graduated rates | Net income | US employment and business income (effectively connected) — taxed like residents' income |
| ≈15% | Gross sale price | US real estate sold by a foreign owner (FIRPTA) — credited against the real gain on filing |
| 37% | Partnership income share | Foreign partners' share of US business partnership income — non-final |
| 25.5% | Gross benefit | US social security benefits paid to non-residents |
Thresholds & allowances
- Treaty network60+ income tax treaties
Claimed at source with Form W-8BEN; dividends usually 15%, interest and royalties often 0%
- Short-visit exemptionUnder 90 days + under $3,000
Pay from a foreign employer for brief US work escapes US tax (treaties extend this to 183 days)
Residency
Residency trigger
These rules apply to non-resident individuals on US-source income; anything 'effectively connected' with a US trade or business shifts to graduated net-basis taxation with a required return.
Non-resident treatment
Correct final withholding on passive income ends the story — no US return needed. Wages are withheld through payroll and reconciled on the non-resident return form, due 15 April (15 June if no wage withholding).
Notes
- Most non-resident investors in US stocks feel only the treaty dividend rate — capital gains on those same stocks are US-tax-free for them.
- The 30% also nominally covers wages, but employment income is carved out into normal graduated taxation instead.
- Backup withholding of 24% applies to US payees who fail to certify a taxpayer identification number — a residents' compliance tool, not a treaty matter.
- States are not bound by federal treaties — state tax can apply even where a treaty zeroes the federal rate.
FAQ
What is the US withholding tax on dividends for foreigners?
30% by default, cut to 15% (often less) under most treaties via a W-8BEN form. Interest is friendlier: 0% on bank deposits and qualifying portfolio bonds.
What happens when a foreigner sells US real estate?
FIRPTA applies: the buyer withholds roughly 15% of the gross price at closing, and the seller files a US return to settle the actual capital gains tax and reclaim any excess — with statutory exceptions where the buyer will use the home: 0% at or under $300,000 and 10% between $300,001 and $1 million.
Figures: tax year 2026, compiled from public sources. Not tax advice.