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FDAP Income

JJK
Level 3

Hi Need help on clarifying this? Not sure if any of the following is FDAP income and subject to 30%  or lower treaty tax rate and need to file 1042?

(1)  US C corp paid an india company monthly expenses on x-ray labelling work.   The monthly bill is determined by $50/hr depending on # of hr performed for each month.

(2) same as (1) except the US C corp paid a personal service for IT development work.   

Are they FDAP income and need to file 1042? thank you. 

 

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