Cross-BorderForm 1042-SForm W-8BENForm 1040-NR

I invest in U.S. stocks from overseas and too much tax was withheld. How do I get it back?

Short answer

If you're not a U.S. tax resident, U.S. dividends are generally subject to 30% withholding. A resident of China who gives the broker a valid Form W-8BEN pays no more than 10% under the U.S.–China tax treaty. Gains from selling U.S. stocks are generally not taxed at all if you were in the U.S. fewer than 183 days. If you were withheld at 30% because your W-8BEN was missing or expired, or your sale proceeds were hit with 24% backup withholding, you get the excess back by filing Form 1040-NR with an ITIN. Without U.S. wages, the return is due June 15 of the following year.

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30% → 10%
Default withholding on U.S. dividends, and the U.S.–China treaty cap for residents of China with a valid W-8BEN
24%
Backup withholding rate, applied to gross sale proceeds when the broker treats you as a U.S. person or has no valid W-8BEN
June 15
Form 1040-NR deadline for nonresidents without U.S. wages (April 15 if you had wages subject to withholding)
3 years
A refund generally has to be claimed within 3 years of filing (or 2 years of payment, if later), or it's lost
01

At a glance

  • For nonresidents, U.S. dividends are generally withheld at 30%. Residents of China with a valid W-8BEN pay no more than 10% under the treaty.
  • Capital gains on stock sales are generally not taxed by the U.S. if you were in the U.S. fewer than 183 days and simply trade for your own account. Sale proceeds shouldn't be withheld on.
  • The usual causes of over-withholding: a missing or expired W-8BEN (valid through the end of the third calendar year after signing) leading to 30%, or being treated as a U.S. person and hit with 24% backup withholding on sale proceeds.
  • Brokers issue Form 1042-S (or a 1099 if backup withholding applied) by March 15 of the following year. Until then, the broker can sometimes fix it.
  • To get the money back, file Form 1040-NR with an ITIN and attach the 1042-S or 1099. Refunds can take up to 6 months, and without a U.S. account the IRS mails a paper check abroad.
02

Who counts as a nonresident for U.S. tax?

You're a nonresident alien if you don't have a green card and don't meet the substantial presence test. That test asks whether you were in the U.S. at least 31 days this year and at least 183 days over three years, counting all of this year's days, 1/3 of last year's and 1/6 of the year before.

Investors who live in China and visit the U.S. now and then are almost always nonresidents. Students and scholars on F or J visas don't count some of their days, so they may also still be nonresidents. That needs a case-by-case look.

A separate question is whether you can use a tax treaty. The U.S.–China treaty turns on whether you're a tax resident of China, not on your citizenship. It doesn't apply to Hong Kong. A Chinese citizen living in another country looks to that country's treaty with the U.S., if there is one.

03

Which U.S. investment income is taxed for a nonresident?

Mainly dividends: 30% by default, or no more than 10% for residents of China under the treaty. Capital gains on stock sales are generally exempt if you were in the U.S. fewer than 183 days, and U.S. bank deposit interest and most portfolio interest are exempt too.

IncomeU.S. tax for a nonresident (not connected with a U.S. business)Form 1042-S income code
Dividends from U.S. companies, ETFs and mutual funds30%, or no more than 10% for residents of China under the treaty06
Gains from selling U.S. stocks, ETFs or fund sharesFewer than 183 days in the U.S.: generally exempt. 183 days or more: net gain taxed at 30% or the treaty rate09 (rarely seen)
U.S. bank deposit interest (including CDs)Exempt29
Portfolio interest on registered bonds and TreasuriesExempt from chapter 3 withholding with proof of foreign status01, exemption code 05
Interest-related dividends and short-term capital gain dividends designated by a fundExempt from the 30% tax (the short-term gain relief doesn't apply if you were in the U.S. 183 days or more)—
Capital gain distributions from a fundTreated as capital gain; the broker may skip withholding, and anything withheld can be reclaimed36
Return of capital (not paid out of earnings)Not a dividend; the broker may skip withholding, and anything withheld can be reclaimed37
Distributions from a publicly traded REITGenerally treated as dividends if you own 10% or less06 / 24
Dividend equivalents under §871(m) (substitute dividends in securities lending, certain derivatives referencing U.S. stock)Treated as U.S.-source dividends and may be withheld on34 / 40 / 53 / 56
Selling units of a publicly traded partnership (PTP)The broker generally withholds 10% of the amount realized under §1446(f). Owning a PTP with a U.S. business may also mean you're treated as engaged in a U.S. business, so this needs its own review57

A few points worth knowing:

  • The treaty itself doesn't exempt stock gains. Article 12 of the U.S.–China treaty lets the U.S. tax them. The exemption comes from U.S. law and the 183-day rule, so the number of days you spent in the U.S. is what matters.
  • Trading for your own account through a U.S. broker isn't a U.S. business. That matters, because once you're treated as engaged in a U.S. business, very different rules apply.
  • The 183-day case mostly comes up for students and scholars whose days are partly exempt. Ordinary overseas investors rarely hit it.
04

Why does over-withholding happen?

It's almost always paperwork. If the broker doesn't have a valid W-8BEN from you, or your W-8BEN doesn't claim the treaty, it has to withhold at the highest presumed rate.

The most common situations:

  1. No W-8BEN, or an incomplete one. Without a valid form, the broker may withhold 30% on dividends, apply backup withholding, or treat you as a U.S. person. IRS rules don't let a broker apply a treaty rate to someone it merely presumes is foreign.
  2. An expired W-8BEN. The form is generally valid from the date you sign it through December 31 of the third calendar year after that. A form signed in 2026 lasts through December 31, 2029. Miss the renewal and the next dividend goes back to 30%. If your address or tax residence changes, you have 30 days to file a new one.
  3. No treaty country on line 9. If you don't claim the treaty, dividends are still withheld at 30%. Treaty benefits also require a U.S. taxpayer ID or a tax ID from your country of residence.
  4. Being treated as a U.S. person, with 24% backup withholding on sales. If you once gave a W-9, have a U.S. address on file, or a joint owner gave a W-9, the broker may treat the account as a U.S. account. It then withholds 24% of the gross proceeds (not the gain) when you sell, and issues a 1099-B instead of a 1042-S.
  5. Distributions withheld as if they were all dividends. Brokers may skip withholding on fund capital gain distributions and return of capital, but many simply withhold on the full amount.

Many overseas trading apps clear through U.S. brokers. The withholding and tax forms may come from the U.S. broker or from the overseas firm, but the rules are the same.

05

How do I read Form 1042-S, and how is it different from a 1099?

Form 1042-S is the income and withholding statement brokers send to foreign persons by March 15 of the following year. A 1099 goes to U.S. persons. If you received a 1099, your broker has you on file as a U.S. person.

Figure 1. Reading your 1042-S or 1099: was too much withheld? (2026 rules)

Find the form you received, then the row with your code and rate, to see whether you were over-withheld and what to do.

① You received a Form 1042-S

What you seeOver-withheld?What to do
Income code 06 (dividends), rate 30.00 in box 3b, and you're a tax resident of ChinaYes, by 20 percentage pointsUpdate your W-8BEN with China on line 9, and file Form 1040-NR to reclaim the excess
Income code 06, rate 10.00 in box 3b, exemption code 04 in box 3aNo, the treaty rate was appliedNothing to reclaim
Income code 36 (capital gain distribution) or 37 (return of capital) with tax withheldUsually yesFile Form 1040-NR with a statement identifying the fund or company
Income code 29 (deposit interest), or 01 with exemption code 05, with tax withheldUsually yesGive the payer a W-8BEN and file Form 1040-NR
Income code 57 (PTP amount realized) with 10% withheldSettled on the actual gainNeeds its own review; a U.S. business may be involved
You're a tax resident of Hong KongThe U.S.–China treaty doesn't apply30% on dividends is generally correct

② You received a Form 1099 (1099-B or 1099-DIV)

What you seeOver-withheld?What to do
Federal tax (24%) withheld from sale proceeds on Form 1099-BGenerally all of it, if you were in the U.S. fewer than 183 daysGive the broker a W-8BEN now, and file Form 1040-NR with the 1099 attached
Dividends on Form 1099-DIV with no withholding, or 24% withheldAs a nonresident, the dividends should be taxed at 10%Refigure at 10% on Form 1040-NR and settle the difference

The boxes on Form 1042-S that matter most:

BoxWhat it showsHow to use it
1Income code06 dividends, 29 deposit interest, 36 capital gain distributions, 37 return of capital, 40 dividend equivalents, 57 PTP amount realized
2Gross incomeThe full corporate distribution is reported, even if part of it didn't need withholding
3a / 3bExemption code / tax rate04 means a treaty reduction. Box 3b should show the correct rate even if a different amount was withheld
7aFederal tax actually withheldIf it doesn't match box 3b, you were likely over-withheld
9Over-withheld tax repaid to you under the adjustment proceduresRepayments the broker made in the following year show here as a negative number
10Total withholding credit (7a + 8 + 9)Goes on line 25g of Form 1040-NR
13Recipient's name, country code and status codeIf the country is wrong, the treaty rate won't apply

Each type of income gets its own 1042-S, so several from one account is normal.

06

How do I get the over-withheld tax back?

There are two routes. Before March 15 of the following year, the broker can sometimes adjust it. Once the 1042-S or 1099 is out, you file Form 1040-NR with an ITIN and the IRS refunds it.

Route 1: the broker adjusts. IRS rules let a withholding agent that discovers over-withholding by March 15 of the following year repay you through the reimbursement or set-off procedures (and as late as the extended due date for the 1042-S). Whether a given broker will actually do this varies. After you update your W-8BEN, ask. It's the easiest fix when it's available.

Route 2: file Form 1040-NR.

  • You need an ITIN. If you don't have a U.S. taxpayer ID, apply for one with your first return (see our guide: Do I have to mail my original passport to the IRS to get an ITIN?).
  • If all you had was dividends and you're only reclaiming withholding, use the simplified procedure. It applies if you were a nonresident all year, weren't engaged in a U.S. business, had your tax fully covered by withholding at source and are filing only to claim a refund. The IRS's own example is a nonresident whose only U.S. income was stock dividends, one of which was withheld at 30%.
  • Refigure at the treaty rate. Dividends go on Schedule NEC in the column for the correct rate (10% for China), and item L of Schedule OI lists the country and treaty article (Article 9 for dividends). An individual claiming a reduced treaty rate on dividends or interest generally doesn't need Form 8833.
  • Attach proof. Attach the 1042-S to the front of page 1 and enter the box 10 credit on line 25g. For backup withholding, attach the 1099, and report withheld sale proceeds on line 12 of Schedule NEC. If you're reclaiming withholding on a fund's capital gain distribution or a return of capital, attach a statement as well.
  • Timing and payment. The IRS says refunds of tax withheld on Form 1042-S can take up to 6 months. With a U.S. bank account you can use direct deposit. Without one, the IRS mails a check to the foreign address on line 35e (see our guide on IRS refund checks sent overseas).
07

Example: $10,000 of dividends and $50,000 of sale proceeds

These are illustrative examples with round numbers, meant only to show the math. They aren't your actual situation.

Figure 2. Withholding and refund timeline for nonresident investors (2026 rules)

Read from the top, in time order, with what to do at each step.

WhenWhat happensWhat you do
At account opening, then every 3 yearsYou give the broker a W-8BENClaim your treaty country on line 9; renew before it expires and update within 30 days if your address or residence changes
When dividends are paid or you sellThe broker withholds based on the forms it hasCheck your statements: how much came out of dividends, and was anything taken from sales?
By March 15 of the following yearThe broker issues Form 1042-S (or a 1099 for backup withholding); this is also the broker's window to adjustIf you spot over-withholding, ask the broker first
June 15 of the following yearForm 1040-NR is due (April 15 if you had U.S. wages)Apply for an ITIN with the return if needed, and attach the 1042-S or 1099
Up to about 6 months after filingThe IRS processes the refund of 1042-S withholdingWithout a U.S. account, the check goes to your foreign address
Within 3 years of filing (or 2 years of payment, if later)Refund deadlineAfter that the money is gone, so file older years first

Example 1: dividends withheld at 30%. Say you're a tax resident of China and received $10,000 of U.S. dividends in a year. Your W-8BEN had expired, so the broker withheld 30%, or $3,000. Under the treaty it should have been 10%, or $1,000. Filing Form 1040-NR with your ITIN and the 1042-S lets you claim back $2,000.

Example 2: 24% backup withholding on a sale. Say you sold U.S. stock for $50,000 and the broker, treating you as a U.S. person, withheld 24% of the gross proceeds, or $12,000. You were in the U.S. fewer than 183 days and just trade for your own account, so the gain isn't subject to U.S. tax. That $12,000 can generally be reclaimed in full. One catch: an account treated as a U.S. account often didn't apply the treaty rate to dividends either, so the 1040-NR has to pick up 10% on those dividends, which reduces the refund.

Both examples make the same point: withholding isn't the final tax. What you actually owe is worked out on Form 1040-NR, based on your status and the treaty.

08

What are the deadlines?

Nonresidents without U.S. wages file Form 1040-NR by June 15 of the following year. If you had U.S. wages subject to withholding, it's April 15. A refund generally has to be claimed within 3 years of filing or 2 years of paying the tax, whichever is later. After that, it's gone.

  • For 2025 income, the deadline was June 15, 2026. For 2026 income, it's June 15, 2027.
  • The IRS treats tax withheld at source as paid on the return due date, and a return filed early as filed on the due date.
  • If you never filed for a year, the IRS says most people have a three-year window to claim the refund, after which the money becomes the property of the U.S. Treasury. If you were over-withheld for several years, start with the oldest year that's closest to expiring.
09

Do I need to worry about state tax?

If you live overseas and have no home in the U.S., owning U.S. stocks and funds generally doesn't create state tax. Form 1042-S has state tax boxes, but they're generally blank for this kind of investment income. If you have a home, a job or a business in a U.S. state, that's a separate question.

10

Key rules at a glance

ItemRate / deadlineNotesApplies to
U.S. dividends (nonresident default)30%No valid W-8BEN or no treaty2026
U.S. dividends (tax resident of China)No more than 10%Treaty Article 9, valid W-8BEN required; doesn't apply to Hong Kong2026 (treaty in force since 1987)
Capital gains on stock salesGenerally exemptFewer than 183 days in the U.S., no U.S. business2025 returns
Bank deposit interest, portfolio interestExemptPortfolio interest requires proof of foreign status2025–2026
Backup withholding24%On gross proceeds; avoided with a valid W-8BEN2026
Sale of PTP units10% of amount realized§1446(f); not withheld when the PTP publishes a qualifying exception noticeSince 2023, applies in 2026
W-8BEN validityThrough the end of the 3rd calendar year after signingNew form within 30 days of a change in circumstancesCurrent (2021 instructions)
Form 1042-S to recipientsMarch 15 of the following year2026 Forms 1042-S: March 15, 20272026
Form 1040-NR deadlineJune 15 of the following yearApril 15 with U.S. wages subject to withholding2025 returns (filed in 2026)
Refund of 1042-S withholdingUp to about 6 monthsPer the 1040-NR instructions2025 returns
Refund deadline3 years / 2 years3 years from filing or 2 years from payment, whichever is laterCurrent
11

Common mistakes

!

"The 30% that was withheld is my tax."

It's a prepayment. For a tax resident of China, dividends are capped at 10% under the treaty, and the excess can be reclaimed on Form 1040-NR.

!

"The 24% taken from my sale is capital gains tax, so it's gone."

That's backup withholding on the gross proceeds, not a tax on your gain. If you were in the U.S. fewer than 183 days and only trade for your own account, the gain generally isn't taxed and the withholding can be reclaimed.

!

"A W-8BEN lasts forever."

It's generally valid through December 31 of the third calendar year after you sign it. Renew it before then, and file a new one within 30 days if your address or tax residence changes.

!

"Any Chinese citizen gets the 10% rate."

The treaty depends on tax residence, not citizenship. It doesn't apply to Hong Kong, and it doesn't help if line 9 of your W-8BEN is blank.

12

New account, caught it this year, or already have the 1042-S: what to do

The earlier you catch it, the easier it is. If the broker can fix it, you don't have to wait for the IRS.

  • Situation A: New account, or nothing over-withheld yet. Give the broker a W-8BEN, claim your country of residence on line 9 and provide the tax ID it asks for. Note the signing date and renew before it expires. On a joint account, every owner needs one.
  • Situation B: You caught it this year, before March 15 of the following year. Update or file the W-8BEN so future withholding is right, then ask the broker whether it can repay what was already over-withheld through the reimbursement or set-off procedures.
  • Situation C: You already have the 1042-S or 1099. File Form 1040-NR with an ITIN (applying for one with the return if needed), attach the 1042-S or 1099, refigure at the treaty rate and claim the refund. Fix the W-8BEN at the same time so it doesn't happen again next year.
  • Situation D: It's been going on for years. Refund claims are generally limited to 3 years, so start with the oldest year that's about to expire. Years past the deadline can't be recovered.
Why YCL

From reading your 1042-S to the refund in your hands

We've worked on U.S.–China cross-border tax for 10 years and have read a lot of overseas investors' broker statements, 1042-S forms and 1099s. We go through them one by one: which dividends were withheld at 30%, which sales were hit with backup withholding, which fund distributions shouldn't have been withheld at all. Then we tell you how much you can recover and whether it's worth filing.

  • Big Four background, 15+ years in U.S. tax, 10 years of U.S.–China cross-border work, credentialed as CPA, EA and CAA
  • Every 1042-S, 1099 and broker statement checked line by line to find each over-withheld amount
  • IRS Certifying Acceptance Agent: we handle the ITIN, and your original passport isn't mailed
  • Form 1040-NR with the treaty claim, a corrected W-8BEN going forward, and follow-up until the refund arrives, including forwarding a paper check

How it works

  1. 1

    Free review

    A 15-minute call on your status, accounts and forms, whether you were over-withheld and roughly how much you can recover.

  2. 2

    Document check

    Your 1042-S, 1099, broker statements and W-8BEN reviewed line by line, with an ITIN application prepared if needed.

  3. 3

    Refund filing

    We prepare Form 1040-NR at the treaty rate with the supporting forms attached, and you sign once you've reviewed it.

  4. 4

    Follow-through

    We track the refund and answer any IRS letters. If the refund is a paper check sent to a U.S. mailing address, we help arrange forwarding it to you, and we help you update your W-8BEN.

13

FAQ

I live in China and 30% was withheld from my U.S. dividends. Can I get it back?

If you're a tax resident of China, the treaty caps U.S. tax on dividends at 10%, and you can reclaim the excess by filing Form 1040-NR with an ITIN. Going forward, a valid W-8BEN with China on line 9 gets you the 10% rate.

Do I owe U.S. tax when I sell U.S. stock at a gain?

Generally not, if you were in the U.S. fewer than 183 days and just trade for your own account. If 24% backup withholding was taken from your sale proceeds, you can reclaim it on Form 1040-NR.

How often do I need to renew my W-8BEN?

It's generally valid through December 31 of the third calendar year after you sign it, so a form signed in 2026 lasts through the end of 2029. If your address or tax residence changes, file a new one within 30 days.

Do I need a U.S. bank account to get the refund?

No. Without a U.S. account, you can give a foreign address on Form 1040-NR and the IRS mails a paper check. The IRS says refunds of tax withheld on Form 1042-S can take up to 6 months.

Can YCL help me with this?

Yes. With 10 years of U.S.–China cross-border experience, we check every 1042-S, 1099 and broker statement to find what was over-withheld, get your ITIN as an IRS Certifying Acceptance Agent (no mailing your passport), file Form 1040-NR with the treaty claim, fix your W-8BEN and follow the refund until it arrives. Start with a free 15-minute call.

Sources

  • IRS: Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities (2026)
  • IRS: Publication 519, U.S. Tax Guide for Aliens (for 2025 returns)
  • IRS: Publication 901, U.S. Tax Treaties (September 2024)
  • U.S.–People's Republic of China Income Tax Convention, Articles 9, 10 and 12, and the Treasury Technical Explanation (irs.gov)
  • IRS: Instructions for Form 1042-S (2026)
  • IRS: Instructions for Form 1040-NR (2025)
  • IRS: Instructions for Form W-8BEN (Rev. October 2021); Form 8833 (Rev. December 2022)
  • IRS: Backup Withholding; Partnership Withholding (§1446(a) / §1446(f)); Time You Can Claim a Credit or Refund
  • 26 U.S.C. §6513(b)

Were your dividends withheld at 30%, or your sale proceeds at 24%?

Book a free 15-minute call. A CPA will look at your 1042-S and 1099, work out what you can recover and whether it's worth filing, with no fee and no sales pitch.

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