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Date:   Wed, 16 Jun 2010
From:   Xiandong

Michael,

I worked in a subsidiary of my current company in China and got some stock options. Then I relocated to the USA and sold the option. Do I need to pay the tax for the trading income? Is the sale taxable in China?

Answer

Date:   2 Jul 2010

Hello Xiandong,

As a resident of the United States, you are taxable on your worldwide income, including the income from exercising your stock option and selling the stock. There are some exceptions for temporary residents from China.

I don’t know about Chinese tax laws. The United States and China have a treaty to avoid double-taxation of income. You can find some information about the treaty in Publication 901 at www.irs.gov.

If the same income is subject to both U.S. tax and Chinese tax, you could be eligible for a foreign tax credit.

Call me at 408-918-3161 if you want a referral to a tax advisor who specializes in international tax issues.

Good luck!

Mike Gray

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IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained in this answer was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.