Nonresident Alien – Honorarium and Contracted         UPPS No. 03.04.06

Services Payments                                                              Issue No. 3

Effective Date: 01/29/2014
Review: January 1 E2Y

 

01.       POLICY STATEMENTS

 

01.01  This UPPS establishes responsibility and policy regarding the payment to a nonresident alien (NRA) contractor or business entity for services performed within the United States.

 

01.02  This UPPS also ensures that policy conforms to U.S. Internal Revenue Code and meets “Eligibility for Payment Rules” set by the U.S. Citizenship and Immigration Services.

 

02.       DEFINITIONS

 

02.01  A taxpayer identification number (TIN) is one of the following: a social security number, individual taxpayer identification number (ITIN), or an employer identification number. 

 

02.02  A nonresident alien, as set forth in IRC §7701(b), is an alien who has neither a substantial presence in the United States, nor a green card, nor a permanent residence in the United States. 

02.03  A nonresident alien contractor does not have an employee-employer relationship with Texas State University, has not been offered employment at Texas State, and is working on a contracted and temporary basis.

02.04  A tax treaty exemption provides a federal tax withholding exemption for aliens from countries who have tax treaties with the United States. However, the Internal Revenue Service (IRS) imposes restrictions on the application of the tax treaty exemption.

           

03.       PROCEDURE FOR PREPARING FOR THE NRA’S VISIT TO THE U.S.

 

03.01  The account manager must discuss the visa requirements with the International Office or Tax Compliance before the NRA enters the U.S.  The NRA must obtain the type of visa that allows the NRA to receive compensation in the United States. 

 

03.02  The account manager must notify Tax Compliance of the NRA’s campus visit at least 20 working days prior to the visit and provide the following information:

 

a.   NRA’s country of residence;

b.   whether or not the NRA has a TIN;

c.   the dates of the NRA’s visit to Texas State and length of stay; and

d.   the amount and nature of payment (honorarium, expenses, etc.).          

 

04.       PROCEDURE FOR APPLYING FOR A TAXPAYER IDENTIFICATION NUMBER FOR AN NRA

 

04.01  The NRA, either an individual or a business entity, who provides services for compensation in the United States for Texas State must have a TIN (see Section 02.01).

 

04.02  Tax Compliance may provide the NRA with the following forms for completion, if applicable:

 

a.   Foreign National Information form, which requires a foreign address.

b.   IRS Form 8233 - Exemption From Withholding on Compensation for Independent Personal Services of a NRA, the application for Tax Treaty Exemption.

 

04.03  The NRA must meet with Tax Compliance while on campus and must provide the following documents:

 

a.    an original unexpired passport, with photograph;

 

b.    a visa unless the NRA is from a Visa Waiver Program country.  For example, visa types are B-1/B-2, O-1, J-1 with DS-2019, F-1 OPT with valid EAD card; and

 

c.   an I-94 card.

 

05.       PROCEDURE FOR WITHHOLDING TAX FROM PAYMENT TO NRA

 

05.01  Tax Compliance will withhold federal tax from the NRA’s compensation at the rate of 30 percent, unless otherwise provided by federal law or an applicable tax treaty.

 

05.02  Tax Compliance will discuss the tax withholding requirements with the account manager. The department may increase the amount the NRA is paid so the net payment equals the original amount intended. 

 

05.03  Tax Compliance will send IRS 1042-S forms (Foreign Person's U.S. Source Income Subject to Withholding) to each NRA and submit the report to the IRS at the end of each tax year by the IRS deadlines.

 

05.04  Tax Compliance is responsible for withholding income tax when applicable and submitting payment to the IRS immediately following payment to the NRA.

 

05.05  The NRA contractor is responsible for filing an IRS 1040NR or 1040NR-EZ form either claiming their treaty exemption or requesting an income tax refund according to applicable IRS regulations.

 

06.       REVIEWERS OF THIS UPPS      

           

06.01  Reviewers of this UPPS include the following:

                       

Position                                                         Date

 

Director, Payroll and Tax Compliance     January 1 E2Y

 

07.       CERTIFICATION STATEMENT 

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

Director of Payroll and Tax Compliance; senior reviewer of this UPPS

 

Associate Vice President for Financial Services

 

Vice President for Finance and Support Services

 

President