Retirement Account Rules and Restrictions for Non-Resident Aliens - Blacktower United States (2024)

Roth IRAs and 401(k)s – Open to Non-Residents

Contrary to popular misperception, non-citizens can open the most popular types of retirement account: a 401(k), traditional IRAs and Roth IRAs.

This is necessary; most employers offer either a 401(k) or the option of making contributions to an IRA. This means that whatever your long-term plans you at least have the ability to save for your retirement during your period of employment in the United States.

Furthermore, if your employer runs an employee match programme, via their contributions you may be able to double or in some cases even triple the amount you put aside.

Some employers also offer a Roth 401(k), but this isn’t very common.

IRA Rules and Restrictions

Qualifying non-US citizens can open an IRA if they live and work in the country. This can be either a Roth IRA or a traditional IRA. In fact, either of these accounts can be complemented by a 401(k) if you decide this is the best option for you.

There are many advantages to investing in both as it increases the chances of you maximising your retirement income.

However, it is worth remembering that an IRA itself is not an investment per se. Instead, it is a type of account that is comprised of various kinds of investments – for example, mutual funds, stocks, bonds or certificate of deposits.

In 2019 the annual IRA contribution limit increased from $5,500 to $6,000; the catch-up contribution limit for those aged 50 and over remained the same at $1,000. However, if you are over 70 ½ you can neither open a IRA nor make contributions to the account.

It is also important remember that if you decide to make a withdrawal from your traditional IRA before you reach 59 ½, you will likely have to pay 10 percent penalty as well as the scalable rate of income tax on the sum withdrawn.

Lastly, although you can simultaneously make contributions to a traditional IRA and Roth IRA as long as they do not exceed the $6,000 limit, there is one important difference between the two types of account: unlike a traditional IRA, you can open and make contributions to a Roth IRA regardless of your age.

Some tax considerations

All contributions made to a traditional IRA are tax-deductible in the year during which you make the contribution. Although this has the effect of reducing your taxable income, it is important that you understand that the money is therefore taxable at the time of withdrawal, so you must factor this into your retirement planning.

Roth IRA rules are different, however. There are no tax deductions for contributions, which means that withdrawals made during retirement are tax-free.

Taxes on 401(k) distributions are quite easy to understand. Because contributions to this type of account are tax-deferred, distributions are taxable, with early withdrawals also attracting a 10 percent penalty.

How to Begin

If you are going to open a retirement account in the United States as a non-resident alien, there are number of things you will have to do. This includes ensuring that you have the following: either a Social Security number from the Social Security Administration or an Individual Taxpayer Identification Number (ITIN) from the Internal Revenue Service.

These numbers ensure that all dividends, interest and gains on your account can be correctly reported to the IRS. It is best to obtain both, either can be obtained by sharing your immigration documents confirming your eligibility to legally work and reside in the United States.

Leaving the US – a Loaded Question

If you decide to leave the US before the age you are eligible to start receiving distributions, you can face several challenges.

Although you have the option of transferring your accounts into other vehicles in your country of origin – for example, a SIPPs or QROPS in the UK – this can bring considerable financial penalty.

Not only will you have to pay the 10 percent early withdrawal penalty that applies to withdrawals made when you are younger than 59 ½, you will also be liable for standard rates of US income tax, meaning you could be saddled with an unenviable liability.

However, you should discuss your options with your wealth manager or financial adviser as they will be able to help you best structure your affairs and take advantage of any applicable credits and deductions.

For example, it may prove wise to time your exit from the US carefully as delaying the move by a few months may lower your tax bracket and thereby reduce your liability.

Of course, you do not have to cash out the account. You can wait until you have reached the age you qualify for penalty-free withdrawals. This option is worth investigating if you are the citizen of a country like the UK which has a tax treaty with the US and ensures you only pay US tax on the income.

You may also have the option of staggering your withdrawals. Non-resident aliens are allowed an annual personal exemption of $4,050. However, to qualify, this must be your only US-based income.

Blacktower in the US

Blacktower in the US are on hand to help you make sense of your cross-border financial interests and retirement planning in the US – this includes advice on 401k and IRA management for US non residents.

For more information about how we may be able to help, contact us today.

This communication is for informational purposes only and is not intended to constitute, and should not be construed as, investment advice, investment recommendations or investment research. You should seek advice from a professional adviser before embarking on any financial planning activity. Whilst every effort has been made to ensure the information contained in this communication is correct, we are not responsible for any errors or omissions.

Retirement Account Rules and Restrictions for Non-Resident Aliens - Blacktower United States (2024)

FAQs

Retirement Account Rules and Restrictions for Non-Resident Aliens - Blacktower United States? ›

IRAs—Expats up to the age of 50 can make a maximum contribution of $5,500 per annum or up to $6,500 p.a if they are over 50. 401ks—Suitable for those working for a US parent company. There is an employee limit of $19,500 p.a. However, members aged over 50 can add a further $6,500.

Can non US citizens have retirement accounts? ›

Yes, non-U.S. citizens who earn U.S.-source income, including green card holders, nonresident aliens, and temporary workers, are generally eligible to contribute to a 401(k) plan if their employer offers one.

Can a non resident alien have a 401k? ›

Each year, over 200,000 people get a visa to work in the United States. If you're a foreign national earning income on a W-2, chances are that you'll be able to invest your savings in a tax-deferred 401(k).

What are the restrictions for retirement accounts? ›

Traditional IRA contribution rules

That means you can have multiple IRAs, such as a traditional and a Roth, and contribute to them every year, but there's a cap on total contributions. For 2024, the IRA contribution limit is $7,000 for those under 50, and $8,000 for those age 50 and older.

Can a non resident alien hold an IRA? ›

Contrary to popular misperception, non-citizens can open the most popular types of retirement account: a 401(k), traditional IRAs and Roth IRAs.

Can undocumented immigrants have retirement accounts? ›

Illegal immigrants cannot receive Social Security benefits, but that doesn't mean they can't plan and save for retirement. That means investing.

What is a non resident alien for 401K purposes? ›

An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test.

What is the tax rate for non-resident alien 401K withdrawal? ›

Typically, a flat 30% federal income tax rate applies to 401(k) distributions made to nonresident aliens. This is considered withholding at source. In other words, when a distribution is made, the plan administrator withholds 30% of the distribution and sends it directly to the IRS.

What is the difference between a resident alien and a nonresident alien? ›

Resident aliens generally are taxed on their worldwide income, similar to U.S. citizens. A non-resident alien is a lawful permanent resident of the U.S. at any time if they have been given the privilege, according to the immigration laws, of residing permanently as an immigrant.

Can a non-resident alien open a Roth IRA? ›

A non-U.S. citizen legally working and living in the country can also open an IRA. There's the option of a Roth or a traditional IRA . This can be your sole retirement account. Or you can open an IRA in addition to a 401(k).

What is the 3 rule in retirement? ›

What is the 3% rule in retirement? The 3% rule in retirement says you can withdraw 3% of your retirement savings a year and avoid running out of money. Historically, retirement planners recommended withdrawing 4% per year (the 4% rule).

What are the retirement rules for the United States? ›

The full retirement age is 66 if you were born from 1943 to 1954. The full retirement age increases gradually if you were born from 1955 to 1960 until it reaches 67. For anyone born 1960 or later, full retirement benefits are payable at age 67. The chart on the next page lists the full retirement age by year of birth.

What is the new retirement law in the US? ›

SECURE 2.0 increased the required minimum distribution age to 73 as of January 1, 2023. However, if you turned 72 in 2022, you had to take your first RMD by April 1, 2023. The bump to age 73 is one of several new RMD rules. However, in ten years, the RMD age moves to 75.

Can a non resident have an IRA account? ›

An Individual Retirement Account (IRA) is a US tax advantaged account that allows you to save for retirement. IRAs can be opened by US residents as well as non-US residents, and depending on the type of IRA you hold, you receive different tax benefits.

Can undocumented immigrants get 401K? ›

Although they must conform to government regulations, 401K plans are private contracts between employers and workers (often also involving a financial institution managing the retirement funds). An employer can set any eligibility requirements for participation in its 401K plan, for instance, excluding non-citizens.

Can I invest as a non resident alien? ›

For nonresident aliens, these assets often include investments like stocks, real estate, cryptocurrency and personal property. So, while living in the US, you may be subject to capital gains tax when you sell these assets and earn a profit.

Can a non US citizen have a 401K? ›

The traditional 401(k) allows workers to set aside part of their pre-tax income to save for retirement. It's up to the individual to decide how much to save. Even if you are not an American citizen, you are eligible to participate in a 401(k) plan, experts say.

Can undocumented people get 401K? ›

Although they must conform to government regulations, 401K plans are private contracts between employers and workers (often also involving a financial institution managing the retirement funds). An employer can set any eligibility requirements for participation in its 401K plan, for instance, excluding non-citizens.

Can a non US citizen be a 401K beneficiary? ›

A4: You can name as beneficiary your estate (in your will), charitable organizations, and/or someone who is not a U.S. citizen and does not have a Social Security number.

Can a non US citizen have a Social Security? ›

Generally, only noncitizens authorized to work in the United States by the Department of Homeland Security (DHS) can get an SSN. SSNs are used to report a person's wages to the government and to determine that person's eligibility for Social Security benefits.

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