Bond ETF withholding tax

Discussion in 'ETFs' started by adamchubb, Jul 18, 2013.

  1. I'm a non-US investor, interested in bond ETF (e.g. LQD, HYG, JNK). Does anyone know whether non-US investors have to pay any dividend withholding tax??? What would be the standard tax rate?
     
  2. For LQD, see the prospectus
    http://prospectus-express.newriver.com/summary.asp?clientid=isharesll&fundid=464287242&doctype=sai

    p. 131

    Taxation of Non-U.S. Shareholders.

    Dividends paid by a Fund to non-U.S. shareholders are generally subject to withholding tax at a 30% rate or a reduced rate specified by an applicable income tax treaty to the extent derived from investment income and short-term capital gains.

    Dividends paid by a Fund from net tax-exempt income or long-term capital gains are
    generally not subject to such withholding tax. In order to obtain a reduced rate of withholding, a non-U.S. shareholder will be
    required to provide an IRS Form W-8BEN certifying its entitlement to benefits under a treaty. The withholding tax does not
    apply to regular dividends paid to a non-U.S. shareholder who provides a Form W-8ECI, certifying that the dividends are
    effectively connected with the non-U.S. shareholder’s conduct of a trade or business within the U.S. Instead, the effectively
    connected dividends will be subject to regular U.S. income tax as if the non-U.S. shareholder were a U.S. shareholder. A nonU.S. corporation receiving effectively connected dividends may also be subject to additional “branch profits tax” imposed at a
    rate of 30% (or lower treaty rate). A non-U.S. shareholder who fails to provide an IRS Form W-8BEN or other applicable form
    may be subject to back-up withholding at the appropriate rate.
    For taxable years beginning before January 1, 2014, properly-reported dividends are generally exempt from U.S. federal
    withholding tax where they (i) are paid in respect of the Fund’s “qualified net interest income” (generally, the Fund’s U.S.
    131 source interest income, other than certain contingent interest and interest from obligations of a corporation or partnership in
    which the Fund is at least a 10% shareholder, reduced by expenses that are allocable to such income); or (ii) are paid in
    respect of the Fund’s “qualified short-term capital gains” (generally, the excess of the Fund’s net short-term capital gain over
    the Fund’s long-term capital loss for such taxable year). However, depending on its circumstances, the Fund may report all,
    some or none of its potentially eligible dividends as such qualified net interest income or as qualified short-term capital gains
    and/or treat such dividends, in whole or in part, as ineligible for this exemption from withholding. In order to qualify for this
    exemption from withholding, a non-U.S. shareholder will need to comply with applicable certification requirements relating
    to its non-U.S. status (including, in general, furnishing an IRS Form W-8BEN or substitute Form). In the case of shares held
    through an intermediary, the intermediary may withhold even if the Fund reports the payment as qualified net interest
    income or qualified short-term capital gain. Non-U.S. shareholders should contact their intermediaries with respect to the
    application of these rules to their accounts.
    In general, U.S. federal withholding tax will not apply to any gain or income realized by a non-U.S. shareholder in respect of
    any distributions of net long-term capital gains over net short-term capital losses, tax-exempt interest dividends, or upon the
    sale or other disposition of shares of a Fund. If a Fund’s direct or indirect interests in U.S. real property were to exceed certain
    levels, distributions to a non-U.S. shareholder from a Fund attributable to a REIT’s distribution to a Fund of gain from a sale
    or exchange of a U.S. real property interest and, in the case of a non-U.S. shareholder owning more than 5% of the class of
    shares throughout either such person’s holding period for the redeemed shares or, if shorter, the previous five years, the gain
    on redemption will be treated as real property gain subject to additional taxes or withholding and may result in the non-U.S.
    shareholder having additional filing requirements.