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Subject:  Re: Using ETFs to get Foreign divs in IRAs Date:  6/3/2013  1:14 PM
Author:  TMFPMarti Number:  118655 of 123019

I do have some areas of confusion and thank you for being patient. I have a CPA handling my taxes because I have lived abroad for a number of years, and pay taxes here in this foreign country. Until recently I have not worried about filing in the USA because I would have needed to earn above 70k in US dollars for me to pay taxes in both countries.

I have delayed responding to this in hopes that someone who knows more than I about international issues would jump in. So maybe when they read some of my wrong statements we'll hear from them.

First, I assume you are a US citizen or permanent resident. I can't find anything that exempts you from filing. In fact, the 1040 instructions explicitly include foreign income even if it's excludable from US taxation. Does your CPA know you're not filing? If so, ask for an explanation of why the 1040 instructions don't apply to you. If not, 'fess up.

I had assumed and been told that I could not open a Roth IRA because I was not physically present in the USA. This turned out to be untrue as my CPA said as long as I file, I can have the Roth, and since I intend to return to home sweet home one day I want to build up a nest egg via a Roth. I am about 20 to 25 years from retirement now.

Well, it seems everyone's wrong, including whoever it was who gave you a physical presence test. If you look at IRS Publication 590 you'll find that your IRA contribution amount is limited to the lesser of $5,500 (2013) or your "taxable compensation." Since the foreign earned income exclusion means that portion of your income isn't taxed, it can't be used as the basis for IRA contributions.

Perhaps my confusing stemmed from not understanding to which government I was applying for the refund – the tax credit. I had assumed that if the USA had a tax treaty with a country such as Great Britain, and Britain had withheld taxes on my GSK, then I would be applying to Britain for the refund to get the difference between what I would have paid the US government and what I actually paid the British government. But after re-reading your response (and some of Publication 901) I see that I must be applying to the US government for the tax credit. Ah! Perhaps that is why you said:

“The reason for keeping foreign investments in a taxable account is that you can take advantage of the foreign tax credit. Since an IRA is a distinct tax-exempt legal entity, there's no tax to apply the credit to.”

Now, there are many reasons for keeping foreign investments besides the obvious – you think that company is well-run and will outperform other investment opportunities. Taking the example of NVS and EWL, we have excellent choices of a Swiss Pharma with a deep pipeline that also owns about one-third of Roche. EWL is a hit list of some excellent European companies, including both Novartis and Roche, but also Nestle, Syngenta, UBS, and Credit Suisse in its top ten. This also provides indirect exposure to the Swiss Franc, which has appreciated tremendously of late. As far as Switzerland is concerned, I think neither my regular brokerage account nor my Roth IRA is a “distinct tax-exempt legal entity.”

OK, I'm lost. I have no idea, nor do I care, what Switzerland thinks about anything. I'm just talking about US tax law, and under that law an IRA of any stripe is a separate tax-exempt legal entity. Your taxable brokerage account is not a legal entity of any sort. It's simply one of your personal assets, the income from which is taxed on your personal return.

So I believe the foreign government gets its taxes before the dividends hit my account.

That's the way I've always seen it work.

If it is an individual company, I thought I might apply for the tax credit, but for the ETFs, I thought iShares or the managing company would have handled it, so dividends received are post tax credit. While I know I can apply for the tax credit in the taxed account, I am asking if it can be done as well in the Roth IRA.

No, for reasons already stated.

Since taxes have already been paid on any income going into a Roth, I do not want to lose anything else to taxes there or have to file paperwork I barely understand. For someone who has a traditional IRA they may accept it from the start.

Sorry, but I don't understand your logic. But no matter. Your conclusion, regardless of how you got there, is wrong.

To try to clarify – if I have enough of an individual foreign stock in my Roth IRA that is putting out $1000 in annual dividends per year, I am worried about taxes from the foreign government on the $1000.

And I keep telling you that regardless of what kind of account you hold that stock in, you're going to pay that foreign tax. If a mutual fund or ETF (also tax-exempt entities) hold the shares, they pay the foreign tax, but nobody in either scenario gets a benefit from the foreign tax credit.

For my country, taxes have already been paid going in, so dividends would accrue tax free going forward. So my $1000 stays at $1000. But if it is a French company like TOT, the French government might take out 50% and I would only have $500. Perhaps if it had been BP, the