Constantinos Papadopoulos sent a message to Abigail Johnson that said:
Hello Mrs. Johnson,
I am very sorry to bother you but if you read my note you will see that Fidelity left me with no other option.
I am a Greek citizen and Greek resident that works for the past 37 years for an American company based in Boston.
My work for this company is and has been conducted in Europe, Middle East and Africa, always outside the US.
For all these years I have been paid by this company with zero tax withholdings as I am taxed in Greece for my income based on the tax treaty between Greece and US established in 1953.
The company provides a 401K opportunity through Fidelity to which I have been contributing part of my earnings. I am now 65 and want to withdraw part or all my 401k amount.
Despite the fact that I have submitted to Fidelity a W8 BEN form stating I am a foreign citizen and resident, Fidelity sates that they will withhold 30% of any 401k withdraws I may do.
I did a test withdraw of a $100 and sure enough I received $70.
If I withdraw from my 401k and get taxed in US 30%, the minute I repatriate the money I will be also taxed in Greece. Obviously that does not honor the tax treaty between the two Countries and I will be double taxed!.
In 2014 I withdrew an amount from my 401k and Fidelity did not withheld any taxes. They said they made a mistake!!!!
I called IRS and they told me that Publication 519 deals with that issue. Well that's no help since Fidelity ignores the fact this publication states that income generated outside US shall not be taxed in US if there is a tax treaty between US and the Country of residence and citizenship of the earner.
My 401k contributions are part of income generated outside US.
I spoke with Fidelity customer service representatives and managers on the above thesis to no avail.
Can you please tell me if Fidelity will honor the US/Greek income tax treaty and how can I go about withdrawing my 401k with no US tax withholdings or based on your company's current policy I will have to be double taxed?
Sincerely
C Papadopoulos
