United States flagWithholding 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)

RateBaseApplies to
30%GrossDividends — typically 15% or less under treaties
0%US bank deposit interest and qualifying portfolio bond interest
30%GrossRoyalties, rents and other periodic income — treaty-reducible, often to 0%–10%
Graduated ratesNet incomeUS employment and business income (effectively connected) — taxed like residents' income
≈15%Gross sale priceUS real estate sold by a foreign owner (FIRPTA) — credited against the real gain on filing
37%Partnership income shareForeign partners' share of US business partnership income — non-final
25.5%Gross benefitUS 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.

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See withholding tax in other countries

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