Cost Basis & Asset Transfers

Übersicht: 

The Emergency Economic Stabilization Act of 2008 introduced cost basis reporting requirements for U.S. firms. The law now requires firms to include cost basis and the holding period of closed positions on tax forms for US persons/entities.

This article outlines a few things that affect cost basis information with asset transfers.

 

Cost Basis information may follow the movement of assets between accounts, both internal asset transfers and external asset transfers.  The following information goes into more detail on these.

Assets Received From Another Firm

Assets Transferred Between IB Accounts

Assets Delivered Out To Another Firm

 

Covered/Non-Covered Securities

Covered Securities > Assets that US firms will report cost basis to the Internal Revenue Service (IRS) on Form 1099.  Taxpayers will use the reported data with their tax filing. 

Non-Covered Securities > Assets that US firms may report cost basis to the IRS.  Taxpayers will report cost basis to the IRS.

 

Assets Received From Another Firm

 By law, Firms that transfer customer assets to another financial institution must also deliver cost basis information to the new firm within 15 days of the asset delivery.  

The cost basis data may not automatically transfer into IB LLC.  If the delivering firm knows the lots to be “Non-Covered,” then firms are not required to send any cost basis.
 
  • When can I expect my Cost Basis to update after the transfer of a “Covered Security”?  

If the delivering firm participates in the Cost Basis Reporting Service (CBRS), then IB LLC usually receives the data within 10 business days after the assets post to an IB account.

  • When can I expect my Cost Basis to update after the transfer of a “Non-Covered Security”?
Your account may not reflect an updated cost basis. The Activity Statements will display a unit price as of the closing price on the asset transfer date.  
 
When the delivering firm fails to send cost basis data, then the transferred assets are considered uncovered for the purposes of the Emergency Economic Stabilization Act of 2008. IB will flag the assets as Non-Covered and will not include the cost basis data on any tax forms or reports. 
  • What are your options when the other firm does not send any cost basis data to IB LLC?
For a “Covered Security,” clients should contact the delivering firm and request transmission of the cost basis directly to IB LLC. The other firm must send the information directly to IB.
 
For a “Non-Covered Security,” clients should retain the original cost basis for their records and consult their tax advisor. IB will flag the asset as non-covered and will NOT report cost basis information to the IRS.  Clients will remain responsible to report non-covered security transactions with the correct cost basis to the IRS.
  • Can clients send cost basis information to IB for their transferred securities?
No, regulations prohibit IB from form accepting customer-furnished cost basis data on covered securities for US persons and entities. 
 
 

Assets Transferred Between IB Accounts

Cost basis information will follow internal account-to-account transfers at IB and other movements of securities with like-titled accounts.
 
 

Assets Delivered Out To Another Firm

By default, IB delivers cost basis information to other firms with all outgoing asset transfers electronically via the Cost Basis Reporting Service (CBRS).  IB does not send paper Cost Basis Transfer Statements.

 

 

For information about when all tax forms are made available, go to our Tax Information and Reporting page, then click the Reports & Dates tab.

 
IRS Circular 230 Notice: These statements are provided for information purposes only, are not intended to constitute tax advice which may be relied upon to avoid penalties under any federal, state, local or other tax statutes or regulations, and do not resolve any tax issues in your favor.

Why are corrected 1099-DIV forms issued ?

Form 1099-DIV is published with the classification or tax character of the dividends at the time of publication.  Issuers may make adjustments or corrections following the required 1099 issue date.  IB is required to re-issue a corrected 1099 with the changes when known to both you and the IRS.

Notification will be sent to you if a corrected 1099 is issued and posted in Account Management. Consult your tax advisor for further guidance.

 

Disclaimer:  IB does not provide tax advice. These statements are provided for information purposes only, are not intended to constitute tax advice which may be relied upon to avoid penalties under any international, federal, state, local or other tax statutes or regulations, and do not resolve any tax issues in your favor. We recommend that you consult a qualified tax advisor or refer to the U.S. Internal Revenue Service.

How do I select my Country of Legal Residence?

Übersicht: 

Choosing the correct Country of Legal Residence for non-US persons is important and may provide lower withholding rates.   All Interactive Brokers accounts must select a Country of Legal Residence due to regulatory and reporting laws.

The Country of Legal Residence is your tax home.  Generally, this is your main place of business, employment, post, regardless of your family home.  It is the place where you work or attend school on a long-term basis, permanantly, or indefinitely. 

For an entity, the tax home is the place where the entity was formed.

Your Country of Legal Residence is not always the same as your Passport Country.  For example, a South African passport holder may attend 4 year university in France.  During the study in France, the student tax home would be considered France. 

What if I pay taxes in two countries this year?

It is possible to pay taxes in two countries and to be considered a Legal Resident of both countries during the same year.  When completing an account application, your choice would be the country in which you currently live and will pay taxes to. 

What if I do not have a regular place of business?

In some cases, persons may not have a regular place of business or home.  Your tax home is the place where you live on a regular basis or wherever you work at the time of your application submission.

What if none of these applies?

Your Country of Legal Residence is wherever you work.

For additional help determining your status as either a non-US Legal Resident or a US Legal Resident, visit www.irs.gov to review the IRS Publication 519 or visit http://www.irs.gov/publications/p519/index.html  

 

Disclaimer:  IB does not provide tax advice. These statements are provided for information purposes only, are not intended to constitute tax advice which may be relied upon to avoid penalties under any international, federal, state, local or other tax statutes or regulations, and do not resolve any tax issues in your favor. We recommend that you consult a qualified tax adviser or refer to the U.S. Internal Revenue Service.

 

How does a non-US person or non-US entity claim a refund of US taxes?

Übersicht: 

Non-US persons or entities must file an income tax return with the United States tax authority in order to claim a refund of over withheld or overpaid tax.

Form 1040NR or Form 1040NR-EZ must be filed by eligible persons with the U.S. tax authority (Internal Revenue Service) to claim a refund.  Use of the forms is limited to non-U.S. persons and non-U.S. entities.   Those filing must have had U.S. tax withheld from U.S. source income.

For questions about "eligibility to file" or "how to file," visit the U.S. Internal Revenue Service online at  www.irs.gov . Enter within the site's search engine one of the following headings for additional information:
 

  • Publication 519, US Tax Guide for Aliens
  • Taxation of Nonresident Aliens
  • Instructions for Form 1040NR

Disclaimer:  IB does not provide tax advice. These statements are provided for information purposes only, are not intended to constitute tax advice which may be relied upon to avoid penalties under any international, federal, state, local or other tax statutes or regulations, and do not resolve any tax issues in your favor. We recommend that you consult a qualified tax advisor or refer to the U.S. Internal Revenue Service.

Tax Reporting: When does Equity Trust send the 1099-R information to the IRS?

Background: 

The information will be provided to the IRS by March 31 of the year following the year in which the IRA distribution takes place.

Tax Treaty Benefits

Übersicht: 

Income payments (dividends and payment in lieu) from U.S. sources into your IB account may have U.S. tax withheld.  Generally, a 30% rate is applied to non-U.S. accounts.  Exemption from the withholding or a lower rate may apply if your home country has a tax treaty with the U.S.  Complete the applicable Form W-8 to find out your status. 

Background: 

Tax Treaties*

U.S. tax treaties with some countries have different benefits.  Legal tax residents of the following countries may be eligible for the treaty benefits.  Below is a list of the tax treaty countries.  Benefits vary by country.

Australia Czech Republic India Lithuania Sweden
Austria Denmark Indonesia Poland Switzerland
Bangladesh Egypt Ireland Portugal Thailand
Barbados Estonia Israel Romania Trinidad & Tobago
Belgium Finland Italy Russia Tunisia
Bulgaria France Jamaica Slovak Republic Turkey
Canada Germany Japan Slovenia Ukraine
China, People's Rep. Of Greece Kazakhstan South Africa United Kingdom
Commonwealth of Ind. States Hungary Korea, Rep. of Spain Venezuela
Cyprus Iceland Latvia Sri Lanka  

*Country list as of April 2009

 

Refer to IRS Publication 901 for details on withholding rates for your tax residence country and your eligible benefits.

 

Why am I required to provide a W-8 if I am not a US citizen or resident?

As IB LLC is a carrying broker domiciled in the U.S., it is required to report information and, in certain instances, make payment of withholding taxes to the U.S. tax authority, the Internal Revenue Service for all account holders. To certify oneself as a non-U.S. person, a Form W-8 is requested at the time of application and is required to be re-certified every three years thereafter. If IB does not receive the W-8 or the account holder fails to re-certify the W-8 in a timely manner, then the account holder is presumed to be a US person and, absent a W-9, may then be subject to back-up withholding taxes on interest, dividends and substitute payments in lieu, as well as gross proceeds.

By certifying yourself as a non-U.S. person through a properly completed W-8, your U.S. withholding is limited to dividends issued by US corporations. Note that virtually all countries apply withholding taxes when local companies seek to distribute dividends to externally based shareholders (whether those shareholders are corporate or not). The rate at which IB is obligated to withhold for a given payment depends largely upon whether there is a tax treaty in place between the country where the dividend paying country is based and the country of residence of the dividend recipient.

Which Tax Form Should I Select?

Übersicht: 

3 simple questions can help you choose a tax certification form.   Read the questions and select the form.  For more detailed help, see Tax Information & Reporting.

Question # 1:      Are you a U.S. Person or a U.S. Entity?

• U.S. Citizen • U.S. Business or Organization
• U.S. Green Card Holder • U.S. Domestic Trust
                                       • U.S. Legal Resident

If the answer is YES, complete Form W-9

If the answer is NO, go to # 2.

Question # 2:      Do you have a U.S. Visa?

 

• H-1B Visa Holder • TN Visa Holder         
                                         • O-1 Visa Holder

If the answer is YES, find your status by the "substantial presence test." See More U.S. Legal Resident Info 

If the answer is NO, go to # 3.

Question # 3:      Are you a Legal Resident or Entity of another country?

                                      *Question does Not apply to U.S. Citizens/Entities or Green Card Holders

• Permanent Home Outside of U.S • Entity Formed Outside of U.S.
                                      •Business or Organization formed outside of U.S.

If the answer is YES, complete Form W-8  (U.S. Citizens, Green Card Holders, and Entities still complete the W-9.)

NOT SURE because you work, live, or study in the U.S. then, see More U.S. Legal Resident Info 

 

Disclaimer:  IB does not provide tax advice. These statements are provided for information purposes only, are not intended to constitute tax advice which may be relied upon to avoid penalties under any international, federal, state, local or other tax statutes or regulations, and do not resolve any tax issues in your favor. We recommend that you consult a qualified tax adviser or refer to the U.S. Internal Revenue Service.

Certify Your Tax Status

Übersicht: 

Filling out a tax certification form is required to open an IB account.  The forms confirm your tax status in relation to the United States.  Information provided by you may lower or exempt the U.S. tax withholding on your account.

Background: 

This article will help you to:

►Choose the correct certification form                            ►Find your tax treaty benefits

►Fill out and submit your form online                              ►Answer tax certification questions

 

 

 

 

Which Form Do You Pick?

Tax Treaty Benefits

Management of account activity differs for each account type.  IB is a U.S. broker and must follow U.S. guidelines.  3 simple questions help you choose the right form

Some countries have a tax treaty with the U.S.  Find out if you benefit from a lower tax-withholding rate. Tax Treaty Benefit Info

Filling Out The Form

Tax Certification – FAQ’s

The certification form is direct.  Supply basic account information on the true owner of the assets or entity.  Select  W-9 Instructions or W-8 Instructions for help. Seek professional advice for tax questions.  These common questions and answers may help you make an informed decision.  Tax Certification - Frequently Asked Questions

 

 

 

Disclaimer:  IB does not provide tax advice. These statements are provided for information purposes only, are not intended to constitute tax advice which may be relied upon to avoid penalties under any international, federal, state, local or other tax statutes or regulations, and do not resolve any tax issues in your favor. We recommend that you consult a qualified tax advisor or refer to the U.S. Internal Revenue Service.

 

 

Cash Accounts: Does a cash account require completion of a W8 form?

If you are a non-US person or entity, Interactive Brokers is required to have a valid form W8 certifying your country of tax residence at the time of application. You may update your W8 form at any time in Account Management.

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