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Glossary

Foreign Person

Definition

For U.S. tax purposes, a foreign person is generally a nonresident alien individual, a foreign corporation, a foreign partnership, or a foreign trust or estate. It is the opposite of a “U.S. person,” which includes citizens, residents and domestic entities.

Who counts

  • Nonresident alien individuals.
  • Foreign corporations.
  • Foreign partnerships.
  • Foreign trusts and estates.

Why the label matters

Foreign persons are generally taxed only on certain U.S.-source income, and payers often must withhold under special rules. A foreign person owning a U.S. company can also trigger reporting obligations such as Form 5472.

Definitions vary by rule

The exact definition can differ by Code section or form instructions. For instance, withholding rules and information reporting rules do not always use the same wording, so the context matters before assuming someone is or is not a foreign person.

Practical example

For example, suppose a company in Colombia owns 100% of a Delaware corporation. The Colombian company is a foreign person, and the U.S. corporation may have reporting duties on Form 5472 for transactions with it.

General information, not tax advice

This page provides general educational information about U.S. federal tax rules. It is not individualized tax, legal or accounting advice, and it does not create a client relationship. Results depend on each taxpayer's specific facts.

Written by Roger I. Chirino, founder of Chirino USA Accountants & Advisors P.A.

Supported by licensed CPAs, IRS Enrolled Agents (EAs), and experienced U.S. tax professionals focused on cross-border compliance and planning.