Santo Gold Posted September 14, 2022 Posted September 14, 2022 Is it permitted to name a non-US citizen as a beneficiary for a US 401k plan? The intended beneficiary is not a US citizen, does not live in the US and does not have a US social secuity number. Thank you
Peter Gulia Posted September 14, 2022 Posted September 14, 2022 For an ERISA-governed plan, “the documents and instruments governing the plan” (ERISA § 404(a)(1)(D)) provide who may be a participant’s beneficiary and which beneficiary designations are or are not recognized. In my experience, a typical plan does not preclude naming an alien, even a nonresident alien. Different Federal income tax withholding regulations, rates, procedures, and forms apply for a plan’s distribution to a non-US person. Among other points, the payer would require a distributee to certify an Individual Taxpayer Identification Number (ITIN). Those 9-digit numbers are issued by the Internal Revenue Service. https://www.irs.gov/forms-pubs/about-form-w-8 https://www.irs.gov/individuals/individual-taxpayer-identification-number CuseFan, Luke Bailey and JOH 3 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Luke Bailey Posted September 14, 2022 Posted September 14, 2022 Sure. The complexity is going to be in the Federal income tax area, Santo Gold. Lou S. and bito'money 2 Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
Santo Gold Posted September 15, 2022 Author Posted September 15, 2022 Thanks very much for the replies.
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