Portfolio interest exemption
A US tax exemption that exempts certain interest payments to non-residents from US withholding.
Definition
The portfolio interest exemption under IRC § 871(h) and § 881(c) exempts interest paid to non-residents on certain qualifying debt obligations from the 30% US withholding tax. Applies to portfolio investment debt, not loans from 10%+ shareholders or affiliates.
Context
Relevant for non-resident lenders to US borrowers, not typically for operating LLCs.
Example
A non-resident investor holds US Treasury bonds. Interest paid is exempt from US withholding under the portfolio interest exemption.
Common pitfalls
- Does not apply to loans from controlling shareholders.
- Does not apply to interest on certain contingent debt.