Often, but the answer turns on how the payment is characterised. Royalties leaving the country are withheld at source, and whether a particular software payment is a royalty at all, rather than payment for a copyrighted article or for a service, is what decides the rate and sometimes decides whether tax is due on it. Treaties do not treat software, know-how, trademark and copyright royalties alike. So the work is to characterise the payment against the article that applies to it first, and only then to read off what that article provides.
What are the tax steps for paying royalties or licence fees abroad?
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Characterising the payment correctly is the whole exercise, because the article that applies sets the rate and, in some treaties, exempts particular categories entirely. Each step forecloses or preserves an option in the next one, which is why the order is not cosmetic.
The steps, in order
Characterising the payment correctly is the whole exercise, because the article that applies sets the rate and, in some treaties, exempts particular categories entirely. The payer needs the recipient's eligibility declaration in hand before the payment, not at year end.

Where the general answer is wrong
Royalties leaving the country are withheld at source, and the treaty rate depends on what kind of royalty it is — software, know-how, trademark and copyright are not treated alike in every treaty.
Where to go from here
The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Paying royalties or licence fees abroad — withholding. Whatever you have is enough to start the conversation, including nothing but the dates.
Reviewed for the 2025 and 2026 filing seasons by Udit Gupta, International Tax, Cross-Border Tax & Transfer Pricing Expert, Legal Quotient Consultants. Written as general guidance, not as a recommendation for your situation. Talk it through with us before acting on it.
Cross-border tax case studies
Characterising a mixed licence and support agreement
A company paid a single annual amount abroad under a contract covering a software licence, maintenance and implementation help, and had been treating the whole payment as one thing. We read the agreement against the article that applies to each element, separated the components on the basis of what was actually supplied, and documented the reasoning. The work produced a split the payer can support, the correct treatment applied to each element at payment, and a redrafted schedule for the following term that prices the licence and the services separately so the question does not recur.
Read how this one runsCollecting eligibility declarations before the payment run
A licensee had been claiming reduced treaty rates on outbound royalties without holding anything from the recipients to support the claim. We built a short onboarding pack, obtained the eligibility declaration from each recipient, and matched the declarations to the specific payments they cover. The engagement produced a complete documentation file held before payment rather than assembled at year end, corrected treatment for a recipient that turned out not to qualify, and an accounts payable control that now blocks a royalty payment until the declaration is on file.
Read how this one runsTrademark and know-how payments withheld at the same rate
A group paid a foreign affiliate under an agreement that licensed a brand and transferred technical know-how, and both streams had been withheld identically. The treaty did not treat the categories alike. We characterised each stream separately, applied the article belonging to each, and set out the position in a memorandum citing the contract clauses it relies on. The work produced corrected withholding going forward, an amended position for the open periods, and an intercompany agreement rewritten so each right is licensed under its own terms and priced on its own.
Read how this one runsDisclosure after years of royalties paid without withholding
A business had been remitting licence fees abroad for a long period on the understanding that the recipient looked after its own tax. The obligation was the payer's. We reconstructed the payment history, characterised each payment under the article that actually applied, and found that part of what had been labelled royalties was consideration for services and belonged elsewhere. The engagement produced a disclosure supported by the contracts and the analysis, a settled position for the periods concerned, and a withholding step applied at each payment from then on.
Read how this one runsReviewing a licence before signature rather than after
A client was about to sign an inbound licence with a foreign owner and asked us to look at the tax mechanics first. We identified how each right granted would be characterised, which of them a reduced rate or an exemption might reach, what the recipient would have to provide and by when, and who would bear any withholding. The work produced a contract stating the gross or net position explicitly, a documentation step tied to the first payment date, and a fixed fee agreed in writing before the review began.
Read how this one runsWithholding certificates assembled for a licensor abroad
A foreign licensor could not take credit at home because the payer had never issued anything evidencing the tax withheld. We went back through the remittances, matched each to the payment it related to, obtained the certificates from the authority, and set out how the amounts reconcile to the licensor's own invoices. The engagement produced a documented set the licensor could use in its own return, a reconciliation both parties accepted, and a standing arrangement to issue the certificate alongside each remittance advice.
Read how this one runsWithheld at the Statutory Rate When a Treaty Rate Applied
Where withholding has already gone out at the full domestic rate, the treaty rate is recovered rather than applied. The file establishes entitlement for each payment, then puts the documentation in place so the following year runs at the correct rate from the start.
Read how this one runsWithholding Reduced by the Right Article
Dividends, interest and royalties each have their own article and their own rate, and the payer applies whichever it is satisfied of. Establishing entitlement before payment is what secures the lower rate at source.
Read how this one runsAll case studies — every published engagement in one place.
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Firms and partners working across borders meet Regulation 105 withholding, PE risk on long engagements and per-country payroll for travelling staff.
A partnership is taxed in the hands of its partners, so one engagement abroad can reach every partner's personal return. The order matters: the waiver is applied for before the invoice, the presence is tracked before it becomes an establishment, and the payroll is registered before the first day worked in the other country.
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Paying royalties or licence fees abroad — withholding — the questions that follow
Broadly, a royalty is paid for the right to use something, such as a copyright, a trademark, a patent or know-how, while a service fee is paid for work somebody does for you. The distinction matters because the two are dealt with under different articles of a treaty, with different rates and sometimes different outcomes entirely. Mixed contracts are where this goes wrong. A licence bundled with support, training and customisation may need splitting, and if the agreement puts a single price on the whole thing, nobody can split it afterwards without argument. Price the components separately in the contract.
Not automatically. The reduced rate depends on the recipient being entitled to it, and the payer is the one who has to be satisfied of that at the time of payment. That means holding the recipient's eligibility declaration before the money goes out, rather than collecting it at year end when the reporting is being prepared. If the documentation is not in hand, the safe course is to withhold at the domestic rate and let the recipient reclaim the difference, which is slower and generally unpopular. Build the declaration into licence onboarding rather than into the accounts payable run.
Some treaties exempt particular categories of royalty entirely, which is another reason characterisation is the whole exercise rather than a formality. An exemption reaching one category does not extend to another in the same contract, so a single agreement covering, say, a trademark licence and a know-how transfer can carry different treatment for each stream. Read the article that applies to the specific payment, confirm the recipient qualifies for what it provides, and document how you reached that conclusion at the time. A conclusion reconstructed years later carries much less weight on review.
Whatever the contract says. This is a commercial allocation rather than a tax one, and where the agreement is silent it turns into an argument at the worst possible moment. Many foreign licensors expect to receive the invoiced amount in full, which means the payer is carrying the withholding on top of the fee. Others accept it as a deduction and take credit for it at home, in which case they will want the withholding certificate promptly. Settle the point in the licence, and state whether the amounts are gross or net of withholding, before the first payment falls due.
The exposure sits with the payer, so it is your problem rather than the licensor's, and it does not go away because the licensor has paid tax at home on the same income. The work is to go back over the payments, characterise each one under the article that actually applies, establish what should have been withheld and whether any supporting documentation existed at the time, then disclose on that basis. Doing the characterisation properly often reduces the exposure as well as supporting it, because some payments turn out not to be royalties at all.
Partly, and the split matters. The non-refundable part can reduce US tax if the child meets the identification requirement in time. The refundable part is calculated on earned income, so excluding your salary with the foreign earned income exclusion removes the very figure it is built on — which is one of the clearest cases where the exclusion costs more than the credit route. Modelling both is the only way to know. See exclusion against credit.
Sometimes — leaving the country does not automatically end a US state's claim. States apply their own domicile tests, and several are slow to accept that domicile has moved while a home, licence, registration or voter record stays behind. A few states have no income tax at all, which removes the question. The federal exclusions do not bind a state, so state exposure has to be reviewed separately from the 1040. See state residency and domicile.



