Armstrong Economics Blog/The Hunt for Taxes Re-Posted Dec 16, 2022 by Martin Armstrong

QUESTION:

Hi Marty,

Please help as I invest in mostly ETFs from Australia.
I was getting  USD exposure but now looks to be ending by Jan 1st, 2023.

I was Informed 2 days ago.

Could you do a post about this and any potential workarounds as I’d take a guess a lot of International clients would have a similar issue.

The US Internal Revenue Service (“IRS”) has issued a new provision under Section 1446(f) of the Internal Revenue Code (“IRC”) that primarily impacts non-US Persons who invest in US PTP Securities. With effect from 1 January 2023, non-US Persons will incur a 10% withholding tax on gross proceeds from sales or trading of US PTP Securities.

Regards Dean

ANSWER: This is once again the Biden Administration hunting every possible dime it can find while handing endless billion to Zelensky who may be on track to become the richest corrupt politician in the entire world. This is the notice going out to all foreigners investing in the once land of the free and home of the brave which has been downgraded to the land of the absolute fools without the hill. One bank has sent this to their clients trading in US ETFs.

Dear Customer,

Withholding Tax of 10% – Publicly Traded Partnership Interest (PTPs)

With effect from 1 January 2023, a 10% withholding will be imposed on sales and certain distributions associated with PTPs or exchange traded funds (ETFs).

PTPs trade like stocks on major U.S. and global exchanges and are often indistinguishable from equities, ETFs and other commonly traded instruments. It is critical that you understand these tax implications when you hold such PTPs and you should seek the appropriate professional advice if you are unsure of the contents of this email.

Background:

The Internal Revenue Code Section 1446(f) issued by the US Internal Revenue Service imposes rules relating to withholding of tax on transfers of Publicly Traded Partnership Interest (PTPs) and will take effect on 1 January 2023. The new rules consist of the following:

·    All PTPs, including non-U.S. PTPs, are subject to the new requirements if they have gains that are effectively connected with a trade or business within the United States.

·    10% withholding will be applied to sales and certain distributions associated with PTPs. (Please note that where there is any existing withholding tax being applied today, for example to other distributions, those will continue to be applied with no change/ no reduction)

Please visit _____ official website > Notices for more details.

If you have any further questions, please email us or call our Customer Service line.

Section 1446 (see link) is part of a segment of the Code that governs withholding on nonresident aliens and foreign corporations.

Section 1446 itself deals with withholding on foreign partners who have income that is effectively connected with the US through a partnership. Section 1446(f) adds a withholding requirement that applies to the disposition of partnership interests, but it does not apply if the selling partner provides an appropriate affidavit:

“No person shall be required to deduct and withhold any amount under paragraph (1) with respect to any disposition if the transferor furnishes to the transferee an affidavit by the transferor stating, under penalty of perjury, the transferor’s United States taxpayer identification number and that the transferor is not a foreign person.”

I.R.C. § 1446(f)(2)(A).

I doubt that section 1446 applies here, as my understanding is that ETFs are taxed as registered investment companies, not as partnerships. But I am not an accountant or a tax lawyer. My reading on this text suggests that this turns on the definition of an ETF which is clearly not a partnership.

Those who are being harassed by various banks should contact their legal departments and demand their interpretation as to why suddenly an ETF is a partnership. I would love to see what explanation they have provided to apply this tax. If there is some other code they are overlapping or how they are coming up with this or are they acting out of sheer overcaution? If they will not provide an explanation, I suggest you close the account ASAP or wire out all funds until you find another firm.