Does the interest from a Momey Market Fund (MMF) pass through ?

Generally, yes. There are a few states that have special requirements, such as a minimum percentage of treasury assets, which could cause an exception to the general rule. There are also a some that limit the percentage to that percentage that is generated by certain types of US government assets. (Sometimes, Treasury MMFs aren't 100% invested in US Treasuries.)

Ira Smilovitz, EA Leonia, NJ

Thanks, Ira. I forgot to ask: Can you point me to some documentation that states these distributions retains it original income character?

You would have to look at each state's tax laws. You should find some guidance in the tax return instructions, but you might have to look further for a specific publication from the state tax department. For instance, this is NJ's publication:

For California, the Franchise Tax Board has this document:

How about for non-residents (NRA) -- in terms of tax withholdings? Dividends from US sources have a withholdings rate of up to 30%, depending on the tax treaties. Corporate and Treasury interests are generally exempt from tax withholdings.

So if a NRA has a position in a Treasury MMF, would there be a withholding because it is technically a dividend distribution? Or does the income character get passed through to the NRA MMF owner?

If the income character get passed through, can you point me to some documentation on that point?

TIA

It keeps it's character as a dividend and is subject to tax withholding. See IRC Section 871(h) and 871(i).

Thanks, Alan.

I'll limit my comments below to interest and dividends only.

Sec 871 is specifically on taxes on NRAs. In general, all interest and dividends are subject to US income tax. Section 871(h) exempt "portfolio interest", from US sources, from taxes. US T-Bills seems to be excluded from the definition of Portfolio interest" because the maturity is less than 1 yr -- i.e. even if owned by NRA directly (e.g. through a US brokerage firm)??

Section 871(i) exempts Bank interest (not effectively connected with the conduct of a US trade or business) and dividends paid by foreign corp. So dividends from a Treasury MMF (in the US) remains taxable to an NRA owner. I noticed 871(k) exempts interest-related dividends received from a regulated investment company ("RIC") -- EXCEPT when the beneficial owner is a NRA. I don't understand the purpose of this exemption if it doesn't apply to NRAs -- since Code 871 pertains to taxation on NRA (and not US taxpayers).