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§00Classification · Glossary

FDAP

Also called Fixed, Determinable, Annual, Periodical

U.S.-source passive income subject to 30% withholding at source (reducible by treaty) — dividends, interest, royalties, certain service income.

In full

FDAP income is U.S.-source income to foreign persons that is fixed, determinable, annual, or periodical — dividends, interest, royalties, rents, and certain service fees. It is subject to 30% withholding at source, without any allowance for deductions, whether it is paid to an individual or to a corporation. Where a treaty applies and the claim is properly supported by a Part III W-8BEN-E, the statutory rate may be reduced; the applicable rate is set by the specific treaty article and the taxpayer's facts.

Governed by: Withholding at source rules.

This definition is general information about how the term is used in U.S. cross-border tax. It is not advice, and how it applies depends on your own facts and on the treaty, if any, in force with your country.