

“FDAP income is income which is not effectively connected with a trade or business and it is taxed at a flat 30% rate (unless a lesser rate is available via income tax treaty or other allowable reductions). In its FDAP overview document, the IRS describes how FDAP income and ECI are taxed for non-resident aliens: taxes are based on whether it’s FDAP income or ECI. However, for non-resident aliens, the U.S. taxes its citizens and resident aliens on worldwide income when they file their tax returns. The overview describes how each type of income is taxed differently for non-resident aliens. The IRS differentiates effectively connected income (ECI) and fixed or determinable, annual or periodical ( FDAP income) in this IRS FDAP overview document.

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