QUESTION:
I have a timeshare in Las Vegas Nevada and I plan to rent it out. My broker has told me that they have to with hold 30% for the IRS. Is there any way around this? I could gross at most $2000.00 less $1180.00 for maintenance fee & broker fees could be as much as $600 dolllars leaving me with a net of $220. Seem rather rediculus to me.
Thank you for any help you can give.
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david ingram replies:
There is good news and bad news.
You will have to get a US identification number called an ITIN for Individual Taxpayer Identification Number.
You get this by filling in form W-7 - http://www.irs.gov/pub/irs-fill/fw7.pdf
However, since Dec 17, 2003 you can not get the number in advance. You have to submit the application with your filled in US 1040NR income tax return.
AND, with a US rental of real property, you have to fill in a US rental return or the fine can be a minimum of $1,000.
The good news is that after filling the return in, you will get a refund of the tax deducted.
Luckily, it is in Nevada and not Arizona or California where you would be filling in a State return as well.
After filling the US 1040NR and Schedule E in, you have to transpose the figures (in Canadian funds) to schedule T776 and add the figures to your Canadian T1 return.
Glad to look after it for you when the time comes. That is what we do.
By the way, the broker does NOT have to deduct 30% if you write to the International Tax office in Philadelphia and get them to accept your declaration that you intend to file a US tax return and they send you a comfort letter. For a $600 deduction, it is likely easier and cheaper to let them deduct the $600.
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