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I'm an Australian, non-resident legal alien, and my wife is a German, NRLA. Having consulted the US tax treaties I find that German citizens are not required to pay capital gains tax (Whereas Australians are - 30%) The no - brainer is should we trade with my wife being the principle investor? - yes, *if* I have understood the tax treaty. Does anybody have any experience in this subject? Have I understood this treaty?
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[[I'm an Australian, non-resident legal alien, and my wife is a German, NRLA.
Having consulted the US tax treaties I find that German citizens are not required
to pay capital gains tax (Whereas Australians are - 30%) The no - brainer is
should we trade with my wife being the principle investor? - yes, *if* I have
understood the tax treaty. Does anybody have any experience in this subject?
Have I understood this treaty?]]

I haven't reviewed the entire treaty, but in looking in IRS Publication 901, It looks like you are correct.

My specialty is not in international taxation issues. It may be worth your while to review IRS Publications 519 and 901 for additional information. And then, if that is not enough for you, it may be time to speak with an accountant in your home country with experience in these issues.

TMF Taxes
Roy

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