Definition of “U.S. source” for US non-resident alien capital gains tax
"The examples you provide in the question are completely irrelevant. It doesn't matter where the brokerage is or where is the company you own stocks in. For a fairly standard case of an non-resident alien international student living full time in the US - your capital gains are US sourced. Let me quote the following text a couple of paragraphs down the line you quoted on the same page: Gain or loss from the sale or exchange of personal property generally   has its source in the United States if the alien has a tax home in the   United States. The key factor in determining if an individual is a   U.S. resident for purposes of the sourcing of capital gains is whether   the alien's ""tax home"" has shifted to the United States. If an alien   does not have a tax home in the United States, then the alien’s U.S.   source capital gains would be treated as foreign-source and thus   nontaxable. In general, under the ""tax home"" rules, a person who is away (or who   intends to be away) from his tax home for longer than 1 year has   shifted tax homes to his new location upon his arrival in that new   location. See Chapter 1 of Publication 463, Travel, Entertainment,   Gift, and Car Expenses I'll assume you've read this and just want an explanation on what it means. What it means is that if you move to the US for a significant period of time (expected length of 1 year or more), your tax home is assumed to have shifted to the US and the capital gains are sourced to the US from the start of your move. For example: you are a foreign diplomat, and your 4-year assignment started in May. Year-end - you're not US tax resident (diplomats exempt), but you've stayed in the US for more than 183 days, and since your assignment is longer than 1 year - your tax home is now in the US. You'll pay the 30% flat tax. Another example: You're a foreign airline pilot, coming to the US every other day flying the airline aircraft. You end up staying in the US 184 days, but your tax home hasn't shifted, nor you're a US tax resident - you don't pay the flat tax. Keep in mind, that tax treaties may alter the situation since in many cases they also cover the capital gains situation for non-residents."
"Not really, no. The assumption you're making—withdrawals from a corporation are subject to ""[ordinary] income tax""—is simplistic. ""Income tax"" encompasses many taxes, some more benign than others, owing to credits and exemptions based on the kind of income. Moreover, the choices you listed as benefits in the sole-proprietor case—the RRSP, the TFSA, and capital gains treatment for non-registered investments—all remain open to the owner of a small corporation ... the RRSP to the extent that the owner has received salary to create contribution room. A corporation can even, at some expense, establish a defined benefit (DB) pension plan and exceed individual RRSP contribution limits. Yes, there is a more tax-efficient way for small business owners to benefit when it comes time to retirement. Here is an outline of two things I'm aware of: If your retirement withdrawals from your Canadian small business corporation would constitute withdrawal from the corporation's retained earnings (profits), i.e. income to the corporation that had already been subject to corporate income tax in prior years, then the corporation is able to declare such distributions as dividends and issue you a T5 slip (Statement of Investment Income) instead of a T4 slip (Statement of Remuneration Paid). Dividends received by Canadian residents from Canadian corporations benefit from the Dividend Tax Credit (DTC), which substantially increases the amount of income you can receive without incurring income tax. See TaxTips.ca - Non-eligible (small business) dividend tax credit (DTC). Quote: For a single individual with no income other than taxable Canadian   dividends which are eligible for the small business dividend tax   credit, in 2014 approximately $35,551 [...] could be earned before   any federal* taxes were payable. * Provincial DTCs vary, and so combined federal/provincial maximums vary. See here. If you're wondering about ""non-eligible"" vs. ""eligible"": private small business corporation dividends are generally considered non-eligible for the best DTC benefit—but they get some benefit—while a large public corporation's dividends would generally be considered eligible. Eligible/non-eligible has to do with the corporation's own income tax rates; since Canadian small businesses already get a big tax break that large companies don't enjoy, the DTC for small businesses isn't as good as the DTC for public company dividends. Finally, even if there is hardly any same-year income tax advantage in taking dividends over salary from an active small business corporation (when you factor in both the income tax paid by the corporation and the individual), dividends still allow a business owner to smooth his income over time, which can result in a lower lifetime average tax rate. So you can use your business as a retained earnings piggy bank to spin off dividends that attract less tax than ordinary income. But! ... if you can convince somebody to buy your business from you, then you can benefit from the lifetime capital gains exemption of up to $800,000 on qualifying small business shares. i.e. you can receive up to $800K tax-free on the sale of your small business shares. This lifetime capital gains exemption is a big carrot—designed, I believe, to incentivize Canadian entrepreneurs to develop going-concern businesses that have value beyond their own time in the business. This means building things that would make your business worth buying, e.g. a valued brand or product, a customer base, intellectual property, etc. Of course, there are details and conditions with all of what I described, and I am not an accountant, so please consult a qualified, conflict-free professional if you need advice specific to your situation." As far as I read in many articles, all earnings (capital gains and   dividends) from Canadian stocks will be always tax-free. Right?   There's no withholding tax, ie. a $100 dividend means you get $100.  There's no withholding for capital gains in shares for anybody.  You will still have to pay taxes on the amounts, but that's only due at tax time and it could be very minor (or even a refund) for eligible Canadian dividends.  That's because the company has already paid tax on those dividends. In contrast, holding U.S. or any foreign stock that yields dividends   in a TFSA will pay 15% withholding tax and it is not recoverable. Correct, but the 15% is a special rate for regular shares and you need to fill out a W8-BEN.  Your broker will probably make sure you have every few years. But if you hold the same stock in a non-registered account, this 15%   withholding tax can be used as a foreign tax credit? Is this true or   not or what are the considerations? That's true but reduces your Canadian tax payable, it's not refundable, so you have to have some tax to subtract it from. Another consideration is foreign dividends are included 100% in income no mater what the character is.  That means you pay tax at your highest rate always if not held in a tax sheltered account. Canadian dividends that are in a non-registered account will pay   taxes, I presume and I don't know how much, but the amount can be used   also as a tax credit or are unrecoverable? What happens in order to take into account taxes paid by the company is, I read also that if you don't want to pay withholding taxes from foreign > dividends you can hold your stock in a RRSP or RRIF?  You don't have any withholding taxes from US entities to what they consider Canadian retirement accounts.  So TFSAs and RESPs aren't covered. Note that it has to be a US fund like SPY or VTI that trades in the US, and the account has to be RRSP/RRIF.  You can't buy a Canadian listed ETF that holds US stocks and get the same treatment.  This is also only for the US, not foreign like Europe or Asia. Also something like VT (total world) in the US will have withholding taxes from foreign (Europe & Asia mostly) before the money gets to the US.  You can't get that back. Just an honourable mention for the UK, there's no withholding taxes for anybody, and I hear it's on sale. But at some point, if I withdraw the money, who do I need to pay taxes, > U.S. or Canada? Canada. "Transferring the money or keeping it in US does has no effect on taxes. Your residency status has. Assuming you are Resident Alien in US for tax purpose and have paid the taxes to IRS and you are ""Non-Resident"" Indian for tax purposes in India as you are more than 182 outside India. How would it effect my Tax in US and India If you are ""Non-Resident"" in India for tax purposes, there is no tax liability of this in India. I have transferred an amount of approx 15-20k$ to Indian Account (not NRE) By RBI regulation, if you are ""Non-Resident"" then you should get your savings account converted to ""NRO"". You may not may not choose to open an NRE account. To keep the paper work clear it helps that you open an NRE account in India. Any investment needed ? Where do i need to declare if any ? These are not relevant.  Note any income generated in India, i.e. interest in Savings account / FDs / Rent etc; taxes need to be paid in India and declared in US and taxes paid in US as well. There is some relief under DTAA. There are quite a few question on this site that will help you clarify what needs to be done." "From your description, the taxes may have been withheld incorrectly. You were most likely a nonresident alien during your entire stay. ""Teachers and trainees"", which include anyone on J status who is not a student, are ""exempt individuals"" (exempt from the Substantial Presence Test) unless they have already been an exempt individual during any part of 2 of the prior 6 calendar years. So if you haven't been in the U.S. as an F-1, J-1, etc. for at least 6-7 years before you came on J-1 this time, the first two calendar years of your time on J-1 this time does not count towards the Substantial Presence Test. You said you were there for 18 months. That stretches over either 2 or 3 calendar years. The first two calendar years of it would be exempt from the SPT; even if it stretched into a third calendar year, an 18-month period could not stretch for more than 6 months into a 3rd calendar year; so even in that case you would still not meet the Substantial Presence Test for the 3rd year. Since you do not meet the Subtantial Presence Test during any of those years, you were a nonresident alien for all of those years (unless you decided to file jointly with a resident spouse or something). Nonresident aliens on J-1 are exempt from FICA taxes (Social Security tax and Medicare tax) for employment as a researcher that you were authorized to do on your J-1. They should not have withheld FICA taxes from you. You should have informed them at the beginning when you initially noticed that they did, because it is a huge pain to get it back afterwards. For FICA taxes withheld in error, you can first ask the employer to refund them; and, if that fails, get a written statement of their refusal and then file Form 843 and Form 8316 with the IRS. However, given that IRS is very underfunded these days, expect it to take a long time to hear back if you ever hear back." "I am guessing that when you say ""FRENCH40"" and ""GERMAN30"" you are referring to the main French and German stock market indices.  The main French index is the CAC-40 with its 40 constituent companies. The main German index is the DAX, which has 30 constituents.  The US30 is presumably the Dow Jones Index which also has 30 constituents. These are stock market indices that are used to measure the value of a basket of shares (the index constituents).  As the value of the constituents change, so does the value of the index. There are various financial instruments that allow investors to profit from movements in these indices.  It is those people who invest in these instruments that profit from price movements.  The constituent companies receive no direct benefit or profit from investor trading in these instruments, nor does the government." If you have income in the US, you will owe US income tax on it, unless there is a treaty with your country that says otherwise. Since your question is very particular on the details, I'm assuming you did your research. Unfortunately you won't get a better answer here than what you've found on the Internet already. This is not a clear-cut situation as the situation you're describing has been a source to some confusion. Mainly, the question is whether the US bank account is a tangible asset or not. To the best of my knowledge, this has not yet been settled, so I suggest going to a professional tax adviser (EA/CPA licensed in the US) who'd advise you the best course of action. I think it would be safer to transfer the money directly from the foreign account to the US beneficiary (although even then, if the IRS decides to start digging, it may claim that you're essentially disguising a transfer from a US account, so I suggest talking to a professional before doing anything). In any case, the US recipient will need to report the gift (if it is $100K or more) using the form 3520 with his/her tax return. Corporations are taxed on their profits.  Multinational corporations can report their profits in any country they have operations, regardless of where they made the sale.  In other words, it's impossible to nail down exactly where a company 'made it's money'.  So the US doesn't try, we just tax them on earnings everywhere, minus taxes paid elsewhere.  edit for clarity