Transcript Slide 1

Nonresident Alien Tax
Compliance
Tuesday, February 9, 2010
Mary Alice Boyd
Agenda
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Overview of the Tax System
Federal Income Taxes
State Income Taxes
Social Security/Medicare Taxes
Types of Income
Treaty Benefits
Procedures
Best Practices
Resources
Questions
Overview of the Tax System
System
Residency Status
• US Tax System
US Citizens
Lawful Permanent
Residents
Resident Alien for Tax
Purposes
• Nonresident Alien Tax
System
Nonresident Alien for Tax
Purposes
Federal Income Taxes
All US payments to NRAs are subject to 30%
withholding except for:
• Wages subject to wage withholding
• 14% for non-service scholarships/fellowships
(qualifying F, M, J, or Q status only)
• Exceptions under the tax code or a treaty
State Income Taxes
• Non-wage compensation of more than $1,500
during the calendar year to a nonresident
contractor for personal services performed in NC
in connection with a performance, an
entertainment or athletic event, a speech, or the
creation of a film, radio, or television program, you
must withhold NC income tax at the rate of 4%
from this non-wage compensation
Social Security/Medicare Taxes
Apply to compensation for employment services
Exceptions for Social Security/Medicare
taxes:
• Student FICA Exception
– Students working on the campus of the institution where
they are enrolled and regularly attending classes
– Same rules for US citizens
• NRA FICA Exception
– Nonresident aliens
– In F-1, J-1, M-1, or Q-1/Q-2 status
– Engaged in employment consistent with the
purpose of the visit
• Totalization agreement exception with a
certificate of coverage
Types of income and what income is
taxable?
Compensation
• Dependent
– Wages / Salary / Stipend
– Travel Reimbursement / Payment
• Independent
– Ind Per Services / Consulting Fees
– Honorarium / Guest Speaker Fees
– Travel Reimbursement / Payment
Taxable / Treaty Exempt
“Accountable Plan”
Taxable / Treaty Exempt
Taxable / Treaty Exempt
“Accountable Plan”
Scholarships/Fellowships
– Tuition / Fees
– Room / Board
– Stipend
– Book Allowances
– Travel Reimbursement / Payment
Excluded under Section 117
Taxable / Treaty Exempt
Taxable / Treaty Exempt
Excluded under Section 117
Taxable / Treaty Exempt
Prizes and Awards
Royalties
Taxable
Taxable / Lower Treaty Rate
Compensation
• Dependent Wages
– Subject to graduated withholding rates with restrictions
– Unless exempt from withholding under a treaty
• Independent Wages
– Subject to 30% withholding
– Unless exempt from withholding under a treaty
Honorarium Payments
• 9-5-6 Rule
– Covered aliens may accept an honorarium payment for
usual academic activity
– lasting not longer than 9 days at any single institution,
and
– If the alien has not accepted such payment from more
than 5 institutions
– In the previous 6-month period
– Covered aliens: B-1, B-2, VWB, VWT, aliens from Canada
and aliens with valid border-crossing card
Are travel expenses taxable?
• The “Accountable Plan” rules only apply when there is
a compensatory relationship
– Employees and Independent Contractors who
receive compensation
• The “Accountable Plan” rules do not apply if there is
not a compensatory relationship
– Students and scholars who receive non-service
scholarships and fellowships
Other Payments
• Scholarships and Fellowships
– Subject to14% withholding to F, J, M and Q status
individuals
– Unless exempt from withholding under a treaty or
the Internal Revenue Code
• Prizes and Awards
– Subject to 30% withholding
Treaty Benefit Eligibility
• The US has tax treaties with over 60 countries
• Treaties offer tax exemptions for foreign nationals
who were or are tax residents (not citizens) of a
treaty country and meet specific criteria as defined
by the treaty
• Many foreign nationals understand and expect
these benefits
Considerations When Granting Treaty
Benefits
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US tax status: NRA or RA
Social Security Number or ITIN
Country of tax residency
Primary purpose of visit as evidenced by
– DS-2019 for J exchange visitors
– I-129 petition and letters for H-1B, O-1, Q
– I-20 for F and M visitors
– Conducting research, teaching, training, other
paid activities
• Status of the organization (educational, research,
medical, etc.)
• Type of income paid
Procedures for Paying Nonresident
Aliens
• Step 1 – Complete required forms
• Step 2 – Submit forms to Tax Office
• Step 3 – Submit DPR and required forms to A/P
Step 1 – Complete required forms
• Taxpayer Information Form (Vendor Information
Form)
• Foreign National Information Form (FNIF)
• Visitor and Student version
• Copies may be necessary
• Form W-8BEN
• http://finance.uncc.edu/Forms/FormsHome.html
Step 2 – Submit forms to Tax Office
• Tax Office will review FNIF for completeness and
payment eligibility
• Copies of immigration documents may be
necessary at this point
• Once reviewed, tax office will let you know if
individual is eligible for payment, and if
there will be tax withholdings, treaty benefits, etc.
Step 3 – Submit DPR and required forms
to A/P
• A/P and any other necessary parties will review
• DPR and forms will be sent to Tax Office for
sign off
Best Practices
• As soon as you know you will have a foreign visitor,
start the paperwork
– Don’t start paperwork after the visitor has performed services
or you risk not being able to pay the visitor
• All payments to nonresident aliens should be processed on a DPR
• All travel guidelines and requirements apply to foreign visitors
– Accountable plan (nontaxable)
– Use this for travel portion of trip to make less of the payment taxable
• Keep the gross-up option in mind
• NRA rules and regulations are mandated by the IRS, NC Department
of Revenue, US Immigration Services, and US Department of
Homeland Security
• Let visitors know we have a tax office if they want to discuss the tax
implications of their payment
• When in doubt, call or email the Tax Office
Resources
• Tax Office Website
– Tax Guide for NRAs:
http://finance.uncc.edu/Tax/TaxLinks.html
• IRS Publications
– 15T, Employer’s Tax Guide
– 515, Withholding on Nonresident Aliens and
Foreign Entities
– 519, US Tax Guide for Aliens
Questions
Mary Alice Boyd
Tax Manager
(704) 687-5819
[email protected]
Rebecca Urquhart
Tax Accountant
(704) 687-5742
[email protected]