Hello all,
I'd really appreciate it if someone could help me out. I was an F1 student in the United States during 2025. I only stayed for three years. I have a question related to the capital gain percentage. I understand that non-residents have to pay 30% capital gains tax if they exceed 183 days within the year. I am from Ireland and I noticed we have an Ireland-US double taxation treaty article 13(5).
5. Gains from the alienation of any property other than property referred to in paragraphs 1 to 4
inclusive shall be taxable only in the Contracting State of which the alienator is a resident
Given this, am I right to assume on Schedule NEC I would include the trades I made under the 0% bracket and include the treaty under section L in Schedule IO? Additionally, would I need to include 8833? The profit I made was from option contracts and I did not make more than $10,000.
I want to ensure that I am understanding this correctly and would really appreciate any assistance. Thank you!
Posted by JoeyOOTSP
1 Comment
The proper treaty citation is Article 13(5).
Regulations section 301.6114-1(c)(2) will generally waive the Form 8833 requirement as long as the aggregate amount of reportable items, including these gains, is $10,000 or less.
I generally agree with your other conclusions.