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T.V.Pillai   10 September 2024

My late son's 401(k) account

My son was working in the USA for few years and then he had moved to India. When he was working in the USA, his 401(K) account was being managed by a fund management company. Unfortunately, my son had passed away  few months back and he was not married. He was 36 years old at the time of his demise. After his demise, his last employer in India has settled all the benefits payable to him. When I approached the fund management company in the USA, I was told that my late son did not name a beneficiary. They had sent a letter to me asking for the following details:

Copy of death certificate stating the cause and manner of passing.

For probate estates, the following are required:

 1) Court appointment of estate representative, such as Letters Testamentary or Letters of Administration

 2) Copy of IRS Notice CP 575, Form SS-4, or a letter from the IRS assigning the estate an Employer Identification       Number (EIN).

3) Proof of Address: A photocopy of the Executor's driver's license, a recent utility bill, a paycheck or a bank statement showing a residential address (can not be a P.O. box, mail drop, or c/o)

With regard to point no.1) , I was told by a lawyer here that a court issued succession certificate would be sufficient. 

With regard to point no.2), I am clueless. I wrote to the fund management company to clarify whether it is relevant to me as I am domiciled in India and my son was domiciled in India at the time of his demise. They are yet to clarify. 

I request experts in this forum to guide me as to what needs to be done with regard to requirement for an EIN.

If the fund is linked to a US based EIN number, will it be possible for me receive the same in India.

Kindly let me know the steps involved. Necessarily please let me know about the IRS requirement and if any Indian equivalent is permissible.

Thanks,

T.V.Pillai



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 September 2024

I'm so sorry to hear about your loss. Dealing with legal and financial matters can be overwhelming, especially during difficult times. I'll try to provide guidance on the EIN requirement and related aspects. EIN (Employer Identification Number) is a unique number assigned to an entity by the US Internal Revenue Service (IRS) for tax purposes. Since the fund is linked to a US-based EIN number, you'll need to understand the requirements for receiving the funds in India: 1. *IRS Requirements*: - The IRS requires that the EIN be used for tax purposes, including reporting and paying taxes. - As a non-US person, you may need to complete additional forms (e.g., W-8BEN) to certify your foreign status. 2. *Receiving funds in India*: - You may need to provide the EIN to the fund administrator or US-based financial institution to facilitate the transfer. - Ensure you comply with Indian tax laws and reporting requirements for foreign income. 3. *Indian equivalent*: - In India, the equivalent of an EIN is the Permanent Account Number (PAN) or Tax Identification Number (TIN). - You may need to provide your PAN or TIN to receive the funds in India. To navigate this process: 1. *Consult a tax professional*: Engage a US tax advisor or attorney familiar with international tax matters to guide you through the EIN requirements and IRS regulations. 2. *Contact the fund administrator*: Reach out to the fund administrator or US-based financial institution to understand their requirements for transferring funds to India. 3. *Comply with Indian tax laws*:

T.V.Pillai   11 September 2024

Thank you sir for detailed reply.

T.V.Pillai

T. Kalaiselvan, Advocate (Advocate)     11 September 2024

Please note that ; The term employer identification number (EIN) refers to a unique identifier that is assigned to a business entity so that it can easily be identified by the Internal Revenue Service (IRS). EINs are commonly used by employers for the purpose of reporting taxes.

The EIN Confirmation Letter is also known as the CP 575 Notice.

You may search for any such copies available in your deceased son's suit case or any other personal cup boards or even if he had stored the data in his email inbox etc. 

You have to strain a little to procure the details sought by them to settle the amount.

Unlike Indian system the US systerms work systematically as per the prescribed procedures of law and their system will not allow any deviation in the procedure even if somedbody would like to help you, hence better equip yourself with the details in order to avoid more embarassments 


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