University of California Accounting Manual
T-182-27 Taxes: Federal Taxation of Aliens
D-371-77 Disbursements: State Tax Withholding
from Non-Resident, Non-Employees
Internal Revenue Service Publication 515,
"Withholding of Tax on Nonresident Aliens and Foreign
Corporations"
Internal Revenue Service Publication 519, "U.S. Tax
Guide for Aliens"
UCSD Rules and Procedures to Comply with the
Immigration Reform and Control Act of 1986, Staff
Personnel Office, March, 1992
BACKGROUND
In 1986 the Federal legislature passed two laws which
had significant impact upon the responsibilities of
persons or entities who make payments to aliens. The
laws are the Tax Reform Act of 1986 and the Immigration
Reform and Control Act of 1986 (IRCA). The result of
these acts is that greater emphasis has been placed
upon a payer to ensure the propriety of any payment to a
non-U.S. citizen. Inherent in the acts are requirements
for verification of documentation, clearer definitions of
residency for tax purposes, alternative or unique tax
withholding regulations, and updated reporting
requirements. As the effects of these regulations have
made their way into the University, they have been
implemented through various green sheet distributions.
This issuance consolidates the new regulations into a
single document.
POLICY
With respect to compensation, the University's
relationship with non-citizen individuals exists in two
forms; that of an employer or that of a payer of non-
employee compensation. Examples of non-employee
compensation include, but are not limited to, payment for
independent personal services, such as honoraria,
payments to independent contractors or consultants,
performers, scholarship or fellowship recipients, or
travel reimbursements. Information outlined in and
required by this Policy and Procedure issuance allows
the University to make appropriate decisions regarding
the legal hiring, income tax withholding, income tax treaty
application, and income tax reporting for non-citizen
individuals.
FORMS
INS Form I-9 Employment Eligibility Verification
(Exhibit A)
The most common types of alien employment eligible
status at the University, are the "J" (exchange
visitor), "F" (student), and "H" (temporary visitor of
distinguished merit and ability). Each of these permit
the bearer to be paid compensation for services
performed and to be reimbursed for expenses
incurred. The alien can assert such employable
status by offering a copy of his/her form I-94
Departure Record or IAP-66 Certificate of Eligibility
for Exchange Visitor Status, as evidence at the time
of hiring. Instructions for the proper completion of
this form can be found in Exhibit A.
UCSD Form AT-1 Statement of Citizenship Status
(Exhibit B)
This statement offers background information to
assist the Accounting Office/Payroll Division in
determining residency for tax purposes. All
information should be provided because the answer
to each question furnishes valuable insight into the
proper tax treatment of the visitor. This form should
be completed by all non-citizen individuals. Clearly
some of the information requested is not relevant for
permanent residents (Green Card holders) in which
case "N/A" should be indicated at the point of the
inapplicable question.
IRS Form 8233 Exemption from Withholding on
Compensation for Independent Personal
Services of a Nonresident Alien
Individual (Exhibit C)
Contrary to its name, this form is required for anyone
who desires to be considered for exemption from
Federal Withholding Tax under the terms of an
income tax treaty between the U.S. and their country
of permanent residence. (See Supplement I for a
summary of tax treaties). The exemption, if granted
is only good for the current calendar year (ending
December 31). Should the alien desire to continue
his/her exemption, he/she must submit a new Form
8233 for further consideration in the next calendar
year. The Accounting office will notify all aliens of
currently expiring status to renew their exemption
requests where it is warranted for the new year.
The form 8233 is not to be used by aliens who
ultimately expect to make the U.S. their permanent
home. Instructions for the completion of this form
are found at the bottom of, and upon the reverse side
of Exhibit C.
IRS Form 1078 Certificate of Alien Claiming Residence
in the United States (Exhibit D)
The Form 1078 should be filed only when an alien
can claim residency for tax purposes after qualifying
under the Substantial Presence Test. (See Section
V(A)). Normally a newly arrived H-1 status alien can
claim this tax status if he/she will be in the U.S. for
more than 183 days in the current taxable year
(January 1 through December 31). This form is no
longer required to be filed by the holder of an Alien
Registration (Green) card.
UCSD Form AT-2 Withholding Tax Status (Exhibit E)
This form is a confirmation to the employee by the
Accounting Office of its determination of the alien's
income tax status. It is useful by the alien upon filing
of annual tax reports to determine the appropriate
annual Individual Income Tax Return form to file. It is
also useful upon departure from the U.S. as a
demonstration of tax status during the alien's visit to
the U.S.
California Form 590 Certificate of California Residence
(Exhibit F)
This form is only used by graduate students who are
U.S. citizens and holders of Alien Registration
(Green) cards who wish to demonstrate to the Office
of Graduate Studies and Research that they are
California residents when there is a doubt as to the
true residency of the individual. This form is not
appropriately used by a nonimmigrant (visiting) alien.
California Form 591A Certificate of Non California
Residence For Report of Tax
withheld at Source From
Payments to Nonresidents
(Exhibit G)
This form is to be filed only by individuals who are
recipients of graduate, or post doctoral, scholarship
or fellowship payments and who are:
U.S. citizens and permanent resident aliens who
have not resided in California for all twelve
months of a calendar year, even if the scholar is
a new California Resident who intends to make
this State their permanent home, or
aliens holding a nonimmigrant visitor's visa.
For those predoctoral students who must file Form
591A, their payments will be received through the
payroll system and not the vendor system in order
that State tax will be withheld.
When the minimum time necessary has passed to
qualify for residency, then a U.S. citizen or an
immigrant scholar should complete the California
Form 590, Certificate of California Residence.
Note: the Form 590 does not apply to
nonimmigrants.
Form AT-6 Provisional Tax Statement Worksheet (Exhibit
H)
In order to begin the process for an orderly
departure by certain non-U.S. citizens from the U.S.,
the completion of this form by the department is the
first step. Nonresident aliens holding F, J, or M
visas are exempt from this process. When the
completed Form AT-6 is received by the Payroll
Division, a turnaround document called a Provisional
Tax Statement will be generated. The wage and tax
information reflected on the Provisional Tax
Statement is the means for the departing alien to
address his/her income tax liability upon departure.
(See Section VII for further information.)
Form AT-8 Provisional Tax Statement Instructions
(Exhibit I)
Accompanying the provisional wage and tax
information furnished to a non-citizen employee
departing from the U.S. will be information directing
the departing alien to the Internal Revenue Service,
indicating the required supporting documentation
needed, and explaining the final process to obtain tax
clearance before departure.
Any of these forms may be photocopied from the exhibits
as needed. As an alternative, departments can call the
Payroll Division, extension 40291, to obtain copies.
PROCEDURES
Determination of Residency for Income Tax
Purposes
Generally an alien falls into one of three
classifications in terms of residency for federal
income tax purposes:
A permanent resident alien is one who has been
granted the legal right to live and work in the
United States without restriction. Typical
evidence of this status is the "Alien Registration
Card" commonly referred to as the "Green Card."
Other aliens may possess a "Conditional
Resident" card which also permits its holder the
same rights and privileges, however only until
the expiration date indicated on the card.
A non-resident alien who qualifies under the
terms of the "Substantial Presence Test" or by
right of marriage to a U.S. citizen or legal
permanent U.S. resident is considered a
resident for tax purposes. Except in specific
circumstances it is probably more advantageous
for an alien to be treated as a resident for tax
purposes where he/she qualifies. The
Substantial Presence Test is a formula which is
applied to determine the number of qualifying
days under Internal Revenue Service guidelines
by which a nonresident alien can be considered
a resident for Federal tax purposes:
Was the individual physically present in the
U.S. for at least 31 days during the current
calendar year with other than an F or J
visa?
If yes, go on to b.
If no, the individual does not pass the test
and is considered a nonresident for tax
purposes.
Was the individual physically present in the
U.S. with other than an F or J visa for 183
days in the current and two preceding
calendar years calculated as follows?:
| # of days present
in current year | X 1 = | _______ |
| # of days present
last year | X 1/3 = | _______ |
| # of days present
two years ago | X 1/6 = | _______ |
| Total days present |
| _______ |
If total days present are equal to or greater
than 183 in accordance with the formula
above, the individual can be considered a
resident alien for tax purposes (but not for
immigration purposes).
If total days present equal less than 183
days, the individual is classified as a
nonresident alien.
A special rule applies for students who are F
or J visa holders. That is, the student must
complete a five-year waiting period before
the substantial presence test can be applied.
And even then, none of the five years of the
waiting period can be used in the formula to
determine residency.
A special rule applies for nonstudent J visa
holders. That is, the individual must
complete a two-year waiting period before
the substantial presence test can be applied.
And even then, neither of the two years of
the waiting period can be used in the
formula to determine residency. Another
rule dictates that after a nonstudent J visa
holder has served a two-year waiting period
in any six-year period, he/she may be
considered a resident for tax purposes for
any year in which he/she is present in the
U.S. for more than 183 days. For example
he must have filed a nonresident tax return
for any two of the preceding six taxable
years.
A nonimmigrant alien (one who is not a
permanent legal resident) who does not qualify
for residency under any of the conditions above
is considered a nonresident for tax purposes.
There may be some advantages to this status as
certain types of income may be exempt from U.S.
taxation.
Visa Classifications
The type of visa held by each alien authorizes its
holder to engage in activities within the U.S. as
described below:
| TYPE |
DESCRIPTION |
| A | Foreign diplomats and their immediate
families, may enroll as a student but can
only accept employment under strict
circumstances. |
| B-1 | Temporary visitor for business, cannot
accept any employment for which they are
paid by a U.S. institution, but may accept
reimbursement for travel and per diem. |
| B-2 | Temporary visitor for pleasure or
"prospective student," may not accept
employment or reimbursements in any form. |
| C | Alien in transit, cannot accept any
employment in the U.S., limited to 29-day
stay. |
| D | Alien crewman on shore leave or
transferring to another vessel or aircraft,
may accept U.S. employment only in any
capacity required for normal operation and
service on board a vessel or aircraft, may
not remain in the U.S. for more than 29
days. |
| E | Treaty trader or treaty investor and
dependents, may enroll in school, but
(except in certain cases) are not permitted
to accept paid employment in the U.S. |
| F | Student status visa, confirmed by holder's
Form I-20-A designating educational
institution of affiliation. Student may also
perform personal services for pay within the
same institution. An extension may be
granted to allow a newly graduated student
to perform practical training within his/her
field of expertise and for which he/she may
be compensated. |
| G | Representatives and employees of
international organizations and related
personnel, may enroll as a student, but can
only accept employment under strict
circumstances. |
| H | A visitor of distinguished merit and ability to
perform temporary services of an
exceptional nature. |
| I | Representatives of foreign information media
and immediate family, may enroll as a
student, and is not normally permitted to
accept employment. |
| J | Exchange visitor who is in the U.S. under a
Department of State approved program for
study, teaching, research or training. |
| K | Fiancee of U.S. citizen, permitted to remain
in the U.S. a maximum of 90 days pending
marriage to the petitioner. |
| L | Intracompany transferee and immediate
family, may be employed by a U.S. affiliate of
the corporation for which the alien regularly
works in his homeland, and may enroll as a
student. |
| TC-1 | Special classification established as a
result of the U.S.-Canada Free-Trade
Agreement. Permits its holder to accept
employment in the U.S. for up to one
year. |
Except for those aliens admitted specifically to work,
such as those outlined above, nonimmigrant aliens
normally may not accept employment in the United
States. Students and exchange visitors may, with
written permission, accept certain employment. A
nonimmigrant alien is subject to INS sanctions if
he/she violates the terms of admission; abandons
his/her status; overstays the period of admission;
engages in criminal, immoral, narcotic or subversive
activity; or accepts unauthorized employment.
Documentation
Visa and Passport
Depending on the nature of the proposed visit to
the U.S., an application for visa is filed by the
alien, or a U.S. sponsor. When the application is
approved, a visa is granted. The visa is only a
visiting status with an expiration date. This
information is contained along with other
identifying information in a document known as a
passport. The visa expiration date is the last
date that a visiting alien may enter the U.S.
Form I-94 Arrival and Departure Permit
At the port of entry supplemental documentation
is affixed to the passport. The most common
form of this documentation is the Form I-94
Arrival and Departure Permit, and is the actual
document which authorizes its bearer to function
within the U.S. The I-94 reflects the visiting
status (i.e. J-1, H-1, etc.), the expiration date of
that status, the alien's country of citizenship, and
possibly the authorized U.S. institutional
affiliation. Aliens who enter the U.S. with the F-1
status also receive a Form I-94 at the port of
entry. One major difference, however, is that the
I-94 status expiration date is often indicated as
"D/S" which is an Immigration and Naturalization
Service (INS) expression for "Duration of Stay."
This means that so long as the student continues
in an approved program of study at his/her
authorized institution, he/she may remain in the
U.S. until he/she has completed the program.
As the expiration date of the I-94 approaches,
the visitor must either prepare to leave the
country, or apply for an extension of status. If
the extension of status is granted, the I-94 will
be annotated by an INS authority. The extension
may change the status (i.e. from J-1 to H-1) as
well as extend the time authorized in status.
Thus the original visa information as indicated in
the passport may no longer be valid, while an
updated I-94 allows the visitor to legally continue
his/her business in the U.S. The disadvantage of
this situation is that should the alien desire a
temporary exit from the U.S., a renewed visa
would be required to reenter, even though the I-
94 may still have authorized the alien's legal
presence. THE I-94, NOT THE VISA, IS THE
ONLY VALID INDICATION OF CURRENT STATUS
WHILE IN THE U.S.. IF THE I-94 HAS EXPIRED
AND WILL NOT BE RENEWED, IT IS THE
EMPLOYER'S RESPONSIBILITY TO IMMEDIATELY
TERMINATE THE INDIVIDUAL.
Taxpayer Identification Number
The University is required to furnish to Federal
and State tax agencies a taxpayer identification
(Social Security) number for each employee.
Failure by the University to furnish this number
can result in a financial penalty for each
omission. Thus, it is mandatory that each alien
supply the University with such a number. If the
alien has not had one issued to him by the Social
Security Administration, he is required to apply
for one.
The nearest office of the Social Security
Administration is located at 1940 Garnet Ave.,
Suite 207 in Pacific Beach. The applicant must
bring the following items when applying for a
Social Security Number:
Passport and Form I-94
Form IAP-66 (if a J-1 visa), or Form I-20A-ID (if
an F-1 visa)
One other form of photo identification, such as
a UCSD student or staff
identification card, or a driver's license.
An official UCSD document signed by an
appropriate official, such
as a letter from the department or a copy of
the Personnel Action Form.
If the alien has applied for, but not yet received
the number, a Receipt for Application for Social
Security Number must be affixed to the
appointment packet before it can be processed
by the Accounting Office.
A new Social Security number is usually issued
within two to five weeks of the date of
application. As soon as the number is received,
the Accounting Office/Payroll Division must be
notified so that the records can be updated. In
some cases the Social Security card may be
stamped "Not valid for employment." This means
that the applicant is probably an F-1 visa holder,
and, as a student, this individual may not be
lawfully employed outside the institution in which
he/she is registered as a student.
Compensation from University sources.
Compensation for Employment
Verification of Employment Eligibility and Tax
Status Determination
Under the terms of the Immigration Reform
and Control Act, the University may not
"employ" any alien who does not have the
legal right to work. One of the requirements
of the Act is that the employer is required to
complete the Form I-9, Employment Eligibility
Verification. If the new employee is not a
citizen and not a permanent resident alien,
as evidenced by his/her assertions on the
Form I-9, a series of inquiries must be made
to establish the alien's right to work,
withholding tax status, and the University's
tax reporting requirements for that
individual. The following forms must be
attached to the employment packet as
required (see Section IV.):
INS Form I-9, Employment Eligibility
Verification
Form AT-1, Statement of Citizenship
Status
IRS Form 8233 Exemption from
Withholding on Compensation for
Independent Personal Services of a
Nonresident Alien Individual, if
appropriate.
IRS Form 1078, Certificate of Alien
Claiming Residence in the United States,
if appropriate.
Income Tax Withholding
"Residency" is a nebulous term. It has
several different meanings depending upon
the context in which it is used. A "resident"
for income tax purposes has a different
connotation than a "resident" for immigration
purposes. Further, a "resident" for Federal
Income tax purposes is different than a
"resident" for California State Income tax
purposes.
Resident Aliens
Aliens who are employed by UCSD, and
are determined to be "resident" for tax
purposes are subject to tax withholding
on the same basis as United States
citizens. There are no limitations on the
choice of marital status or the number of
exemptions which they can claim on a
Form W-4, Employee's Withholding
Allowance Certificate.
Non-Resident Aliens
Aliens who are employed by UCSD, and
are determined to be "non-resident" for
withholding tax purposes may be treated
in one of two ways:
If the non-resident alien qualifies for
exemption from federal withholding
under the terms of an income tax
treaty with his/her country of
permanent residence, no federal tax
will be withheld from the alien's
paycheck as long as the alien
continues to qualify under the treaty
terms for continued exemption.
If the non-resident alien does not
qualify for exemption from federal
withholding tax under the terms of
an income tax treaty, IRS directives
dictate that federal tax be withheld
from the alien's paycheck at the rate
calculated for a single person,
claiming only one exemption. This
would be true without regard to the
alien's actual marital status or
number of dependents. (There are
exceptions to this rule for residents
of Canada, Mexico, Japan and South
Korea.)
As for State income tax withholding, the
non-resident alien is permitted to claim
appropriate marital status and number
of qualified dependents the same as a
U.S. citizen.
Determination of Tax Status
After the Accounting Office has reviewed all
documentation pertaining to the alien's
appointment, a form entitled Withholding Tax
Status (see Exhibit E) will be forwarded to
the appointee reflecting the tax status as
determined by the Accounting Office.
Health and Life Insurance
Nonimmigrant aliens should be advised of
The Regents' requirement that health
insurance coverage must be carried as a
condition of employment (See PPM 200-21).
Depending upon their appointment, alien
employees may qualify for a University
sponsored health plan. If not, the alien must
provide evidence of other outside health plan
coverage which will equal or provide greater
benefits than the minimum the University
plans provide. A certification of coverage is
required of all such employees and should
be forwarded with their Employment forms.
Questions concerning these requirements
for non-students should be directed to the
UCSD Benefits Office for further clarification.
Foreign students must enroll in a special
student health insurance plan as a condition
of registration. Questions concerning the
student plan should be directed to Student
Health Services.
Salary Advances
The Assistant Vice Chancellor, Financial
Services has been delegated the authority to
approve salary advances to newly appointed
aliens not to exceed $8,000 to any one
person. By letter dated September 16,
1985, former University of California
President Gardner stated that "the purpose
of such advances is to assist aliens
employed on research contract or other
University activities to cover costs of
subsistence and travel when currency
restrictions prohibit them from taking
sufficient funds out of their countries to
defray such costs, with the understanding
that repayment of such advances shall be
made within six months after arrival or
within the period of appointment, whichever
is earlier." Should such a salary advance be
required, a letter from the hiring department
chair to the Assistant Vice Chancellor,
Financial Services should provide the
following information:
The full name of the newly arrived alien,
The new appointee's salary rate and
title,
The proposed length of appointment,
The amount of the salary advance
required, and
The proposed payback schedule (in
accordance with President Gardner's
directive above.)
Upon approval by the Assistant Vice
Chancellor, the letter will be forwarded to
the UCSD Payroll Division where a Form U5-
6, Check Request will be prepared. When
the salary advance check becomes
available, it will be disbursed to the hiring
department by campus mail unless a request
for "pickup" has been made.
Scholarship and Fellowship Payments (Stipends)
By definition, a payment made to a
Pre/Postdoctoral Fellow is not of a payroll nature
-- that is, there is no employer-employee
relationship between the University and a
fellowship recipient. However, the payroll
compute programs are used to generate
nonimmigrant and non-California resident
predoctoral and all postdoctoral fellowship
checks in much the same way that salary
payments are provided to regular employees. As
such, complete documentation for each fellow is
required to ensure accurate tax withholding and
reporting. Depending upon whether the
scholarship or fellowship payment is being made
to a degree candidate or a non-degree
candidate, and the alien's immigration status, the
payment procedure is quite different
Degree Candidates Who are Permanent U.S.
Residents and Permanent California
Residents.
Permanent Resident Aliens (Green Card
holders) who are candidates for a degree
and who are receiving undergraduate or
graduate scholarships or fellowships, and
who are permanent California Residents, are
paid by vendor check (through the
Disbursements Division). The following
conditions and requirements are associated
with payments to this type of candidate:
Additional Forms Required:
Form AT-1 Statement of Citizenship
Status
Form 590, Certificate of California
Residence
If it is not apparent that a Permanent
Resident Alien (Green Card holder) is a
resident of California but he/she asserts
that he/she is, he/she must complete
Form 590 to prevent mandatory state tax
withholding.
Copy of Alien Registration (Green)
card if the candidate is a legal
permanent U.S. resident.
Taxation:
Aliens in this status will not have any
State or Federal Income tax deducted
from their stipend payments. However,
they should be informed that if their
income is at least partially taxable, they
should be filing quarterly estimated
State and Federal income tax returns to
address their liability.
Degree Candidates who are Nonimmigrants
(Visitors), or who are Permanent U.S.
Residents but not California Residents
All aliens in this status are paid through the
use of the payroll compute programs. The
following conditions and requirements are
associated with payments to this type of
candidate:
Additional Forms Required:
Form AT-1 Statement of Citizenship
Status
Form 591A, Certificate of Non
California Residence for Report of
Tax withheld at Source from
Payments to Nonresidents (for
Green Card Holders or U.S. citizens
only).
If a Permanent Resident Alien (a
Green Card holder) asserts that
he/she is a permanent resident of a
location outside the State of
California, he/she must complete the
Form 591A.
Form W-4, Employee's Withholding
Allowance Certificate.
Copy of the Alien Registration
(Green) card if the candidate is a
legal permanent U.S. Resident.
Copy of Form I-94 Arrival and
Departure Permit if the candidate is
not a legal permanent resident.
State Tax Withholding
All aliens in this classification will be
subject to State Tax withholding in
accordance with the Form W-4 on file at
the time of payment. State tax law
dictates that withholding through stipend
deduction is mandatory for all non-
California residents.
Federal Tax Withholding
Nonimmigrant (Visiting) Aliens
Nonimmigrant (visiting) aliens will
fall into one of two categories for
Federal tax withholding purposes:
Aliens exempted from Federal
tax under the terms of an
income tax treaty.
Nonimmigrant aliens who find
themselves in this category will
not have any Federal income tax
withheld from their stipend
payments.
Aliens who do not qualify under
a tax treaty for Federal tax
exemption.
Nonimmigrant aliens who find
themselves in this category will
experience tax withholding at
the rate calculated for a single
person, claiming only one
exemption.
Permanent Resident (Green Card)
Aliens who are not California
Residents
While it is extremely convenient, it is
not mandatory for these aliens to
have Federal tax deducted from
their stipend payments. However,
they should be informed that if their
income is at least partially taxable,
they should be filing quarterly
estimated Federal income tax
returns to address their probable
tax liability.
Non-degree Candidates (Postdoctoral
Fellows/Scholars)
Payments to all aliens in this classification
will be provided through the use of the
payroll compute programs in much the same
manner as an employee receives
compensation. In additional to the typical
paperwork required for a Postdoctoral
Fellow, the following items are required for
those who are not U.S. citizens:
Additional Forms Required:
Form AT-1 Statement of Citizenship
Status
Form 8233, Exemption From
Withholding on Compensation for
Independent Personal Services of a
Nonresident Alien Individual.
If a fellowship exemption exists in a
tax treaty with the alien's country of
permanent residence, submit Form
8233 to be considered for the tax
exempt status.
Form 1078, Certificate of Alien
Claiming Residence in the United
States if appropriate. (See Section
IV above.)
Copy of the Alien Registration
(Green) card if the scholar is a legal
permanent U.S. Resident.
Copy of Form I-94 Arrival and
Departure Permit if the scholar is
not a legal permanent resident.
State Tax Withholding for Alien Non-
degree Candidates
All Nonimmigrant (visitor) aliens,
and Permanent Resident (Green
Card) Aliens who are not Permanent
California Residents.
Aliens in this classification will be
subject to State Tax withholding in
accordance with the Form W-4 on
file at the time of payment. State tax
law dictates that withholding through
stipend deduction is mandatory for
all non-California residents.
Permanent resident aliens who are
also permanent California residents.
While it is extremely convenient, it is
not mandatory for these aliens to
have State tax deducted from their
stipend payments. They should be
informed, however, that since their
income is taxable, they should be
filing quarterly estimated State
income tax returns to address their
probable tax liability.
Federal Tax Withholding
Nonimmigrant (Visiting) Aliens
Nonimmigrant (visiting) aliens will
fall into one of two categories for
Federal tax withholding purposes:
Aliens exempted from federal
tax under the terms of an
income tax treaty.
Nonimmigrant aliens who find
themselves in this category will
not have any federal income tax
withheld from their stipend
payments.
Aliens who do not qualify under
a tax treaty for federal tax
exemption.
Nonimmigrant aliens who find
themselves in this category will
experience tax withholding at
the rate calculated for a single
person, claiming only one
exemption.
Permanent Resident (Green Card)
Aliens
While it is extremely convenient, it is
not mandatory for these aliens to
have Federal tax deducted from
their stipend payments. They should
be informed, however, that since
their income is taxable, they should
be filing quarterly estimated Federal
income tax returns to address their
probable tax liability.
Non-employee compensation (Vendor Payments)
While the Immigration Reform and Control Act of
1986 focused upon the unlawful employment of
improperly documented aliens, it did not place
the same responsibility for scrutiny upon payers
of non-employee compensation. Thus, the
University is permitted to issue payment for
limited non-employee/employer services and
reimbursement for travel expenses to non-
citizens who are present in the United States on
a B1 or B2 visa. Payments made to nonresident
aliens on visits of short duration will be handled
in the following manner:
Payments for limited services performed
Payments of honoraria or other
compensation for services can be made to
nonresident aliens engaged as independent
contractors without regard to visa
classification. However, such payments are
taxable in accordance with federal and state
laws and the applicable tax treaty, if any,
with the alien's country of residence. In
order to determine the correct federal
withholding rate, the alien must complete
and attach the following documentation to the
item requesting compensation for
independent personal services performed:
Statement of Citizenship Status, and
If a tax treaty exists with the alien's
country of permanent residence, Form
8233 Exemption From Withholding on
Compensation for Independent Personal
Services of a Nonresident Alien
Individual.
Payments for reimbursement of expenses
Payments for the reimbursement of
expenses, such as travel, can also be made
regardless of visa restrictions to
nonresident aliens engaged as independent
contractors or invited to attend recruitment
interviews. These payments represent
reimbursement of an expense rather than an
income payment which some visitors are not
eligible to accept. Since payments for
reimbursement of expenses are not
compensatory in nature, the University is
under no obligation for income tax
withholding or reporting.
Additional responsibilities
The departmental administrator shall have
the responsibility to inform a foreign visitor
that they are incurring some risk with the
Immigration and Naturalization Service (INS)
if they accept payments while in a B-2
(tourist) or similar visa status that does not
permit the receipt of any payment from a
United States source. While there is no
provision under the law for sanction or
penalty against the University if it makes a
payment not allowable under a particular
visa category, the alien is nonetheless bound
by the limitation of his or her visa and may
be subject to sanctions imposed by the INS
for noncompliance. Consequently, it is
essential that the inviting department advise
all prospective foreign visitors regarding the
importance of obtaining the proper visa
classification in order to assist the alien in
making an informed decision.
Taxation of Non-employee Compensation
Depending upon "residency" status, a non-
payroll payment to an alien could have
various tax ramifications.
Resident Alien - Federal Tax Withholding
A non-payroll payment to a resident alien
for federal tax withholding purposes is
the same as that for a U.S. citizen--there
is no requirement for the payer to
withhold Federal tax. However, it may
well be taxable income to the recipient
who is required to file a quarterly
estimated Federal tax return to avoid
possible future penalty and interest
payments.
Resident Alien - State Tax Withholding
Permanent Resident Aliens (Green
Card Holders) who are also
California Residents
A non-payroll payment to such an
individual is treated the same as
that for a U.S. citizen--there is no
requirement for the payer to
withhold State Income tax.
However, it may well be taxable
income to the recipient who is
required to file quarterly estimated
State tax return to avoid possible
future penalty and interest
payments.
Permanent Residents (Green Card
Holders) who are not California
Residents
A non-payroll payment to such an
individual is subject to a probable
5% State withholding tax if the
cumulative calendar year payments
total $1,500 or more. The State
Franchise Tax Board requests that
all such payments be reported to
them for a rate determination before
payment is made.
Nonimmigrant (Visiting) Aliens - Federal
Tax Withholding
Nonimmigrant (visiting) aliens will fall
into one of two categories for Federal
tax withholding purposes:
Aliens exempted from Federal tax
under the terms of an income tax
treaty.
Nonimmigrant aliens who find
themselves in this category will not
have any Federal income tax
withheld from their vendor
payments.
Aliens who do not qualify under a tax
treaty for Federal tax exemption.
Nonimmigrant aliens who find
themselves in this category will
experience a 30% Federal
withholding tax rate.
Nonimmigrant (visiting) Aliens - State Tax
Withholding
A non-payroll payment to such an
individual is subject to a probable 5%
State withholding tax if the cumulative
calendar year payments total $1,500.00
or more. The State Franchise Tax Board
requests that all such payments be
reported to them for a rate
determination before payment is made.
Summary information regarding compensation
from University sources may be reviewed in the
following:
Supplement II - New Hire Attachments to
PAF
Supplement III - Deductions from Resident
Aliens
Supplement IV - Deductions from Non-
Resident Aliens
TAX TREATIES
Nonresident aliens from countries with which the United
States has an income tax treaty may be eligible for
exemption from Federal Withholding Tax and U.S. Federal
Income Tax liability if they meet the requirements of the
treaty. (See Supplement I for a summary list of tax treaty
exemptions.) Note that tax treaty articles usually are
based on residence rather than citizenship. Thus, for
example, a citizen of Turkey (with which the United States
does not have a tax treaty) who is a resident of Greece
may qualify under the terms of the Greek treaty for
exemption from U.S. Federal income tax liability.
Generally, five types of tax treaty articles may apply to
certain payments by the University. These are:
Independent Personal Services
Examples of payments of this type include
honorarium, independent consultant, independent
contractor, or performer. Typically the exemption is
granted for short stays of fewer than 180 days in the
U.S. Some treaties also impose a maximum annual
dollar limitation on earnings.
Dependent Personal Services
Examples of payments of this type include payments
to persons who are "employed" by the University
usually for a period of less than 180 days.
Dependent Personal Services During Training
Examples of payments of this type include payments
to persons who are "employed" by the University but
also must be enrolled as a student. There is
commonly no time maximum, however there is
usually a maximum dollar limitation on earnings per
calendar year.
Teaching and/or Research
Examples of payments of this type most often include
payments to persons who are "employed" by the
University to perform teaching and/or research
functions. Some treaties do not exempt research,
while other treaties extend the research exemption
to those who perform research in a "non-employed"
capacity such as a postdoctoral fellow. The treaties
often require that the exempted person is a faculty
member or professional researcher in their
homeland before the treaty exemption can be
granted. These teaching/research exemptions are
not generally extended to Research, Teaching, or
Language Assistant graduate student appointments.
Most treaties have a two-year limitation of this
exemption where it applies.
Fellowship and/or Scholarship Exemption
Examples of payments of this type are restricted to
non-payroll payments of scholarship or fellowship
payments. Sometimes the exemption is only granted
on scholarship income received from abroad. Many
treaties have a five-year limitation for this exemption.
It is essential to note that the language of each tax treaty
is unique. Each request for exemption (Form 8233) will
be examined on its own merits within the context of the
pertinent treaty. The fact that a request has been
submitted does not guarantee a tax exempt status for
that individual. Departments are invited to discuss
unclear cases with the Payroll Division. It should also be
noted that when a tax exemption is granted, it is only
applicable to Federal Income Tax. Income tax treaty
exemptions do not extend to State Income Tax. All
persons who earn income while working within
California generate a potential state tax liability without
respect to where their place of permanent residence
lies.
SAILING PERMITS
Except for the cases outlined in E. below, a nonresident
alien employee who is ready to depart from the United
States must obtain a tax clearance (often called a Sailing
Permit) from the Internal Revenue Service. To obtain the
Sailing Permit a four-step process must be completed:
About three weeks before the alien is to leave the
country, the department should fill out the top part of
Form AT-6, Provisional Tax Statement Work Sheet,
and send it to the Accounting Office/Payroll Division.
Based upon the information contained in the
"Worksheet" the Payroll Division will prepare a
Provisional Tax Statement and send it to the alien
together with a copy of Form AT-8, Provisional Tax
Statement Instructions. The Provisional Tax
Statement may come in one of three forms:
For holders of Alien Registration (Green) cards
and other nonimmigrant aliens who have
achieved "residency" for Federal withholding tax
purposes the Statement will be produced in the
form of a Form W-2, Wage and Tax Statement,
but with the annotation that it is a "Provisional"
statement.
For nonimmigrant aliens who do not qualify for
exemption from Federal withholding tax under the
terms of a U.S. Income Tax treaty, a notarized
letter will be generated, bearing wage and tax
information.
For nonimmigrant aliens who do qualify for
exemption from Federal withholding tax under the
terms of a U.S. Income Tax treaty, a Form
1042S, Foreign Person's U.S. Source Income
Subject to Withholding will be provided.
The alien must take the Provisional Tax Statement
along with supporting documentation to the Internal
Revenue Service where he/she must file a Form
1040C, U.S. Departing Alien Income Tax Return.
When the IRS has determined that the departing alien
has satisfied his/her projected income tax liability,
the IRS will issue a Certificate of Compliance (also
known as the Sailing Permit). The alien is required
to possess this document as he/she departs the
country. Final tax liability cannot be determined until
the close of the taxable year at which time the alien
must file the form 1040NR from his/her homeland if
he/she has since returned.
Exceptions to this policy include:
Alien students, industrial trainees, and exchange
visitors, including their spouses and children,
who enter on F, H-3, H-4 or J visas only and who
receive no income from U.S. sources while in the
U.S. under those visas other than:
Allowances to cover expenses incidental to
study in the U.S., such as stipend payments.
The value of any perquisites such as food
and lodging connected with an authorized
course of study.
Income from employment authorized by the
INS.
Alien visitors for business on a B-1 visa, or B-
1/B-2 visa, who do not remain in the U.S. for
more than 90 days during the tax year.
Alien residents of Canada or Mexico who
frequently commute between that country and the
U.S. for employment, and whose wages are
subject to the withholding of U.S. tax.
Additional Information
The Internal Revenue Service Publication 519 U.S. Tax
Guide for Aliens is an overview of responsibilities facing
the nonimmigrant visitor to the United States. This
publication is available free of charge by telephone call
to the IRS Form Request Line. The telephone number is 1
(800) 829-3676. The Publication 519 can be received by
mail within approximately two weeks of the request.
EXHIBIT A
FORM I-9 EMPLOYEMENT ELIGIBILITY
EXHIBIT A is available for printing/viewing in Acrobat Adobe PDF Format
EXHIBIT B
STATEMENT OF CITIZENSHIP STATUS
EXHIBIT B is available for printing/viewing in Acrobat Adobe PDF Format
EXHIBIT C
EXEMPTION FROM WITHHOLDING ON COMPENSATION
EXHIBIT C is available for printing/viewing in Acrobat Adobe PDF Format
EXHIBIT D
CERTIFICATE OF ALIEN CLAIMING RESIDENCE IN THE UNITED STATES
EXHIBIT D is available for printing/viewing in Acrobat Adobe PDF Format
EXHIBIT E
WITHHOLDING TAX STATUS
EXHIBIT E is available for printing/viewing in Acrobat Adobe PDF Format
EXHIBIT F
CERTIFICATE OF CALIFORNIA RESIDENCE
EXHIBIT F is available for printing/viewing in Acrobat Adobe PDF Format
EXHIBIT G
CERTIFICATE OF NON CALIORNIA RESIDENCE
EXHIBIT G is available for printing/viewing in Acrobat Adobe PDF Format
EXHIBIT H
PROVISIONAL TAX STATEMENT - WORKSHEET
EXHIBIT H is available for printing/viewing in Acrobat Adobe PDF Format
EXHIBIT I
PROVISIONAL TAX STATEMENT INSTRUCTIONS
EXHIBIT I is available for printing/viewing in Acrobat Adobe PDF Format
University of California, San Diego
Accounting Office/Payroll Division
In accordance with your request, you will find enclosed a provisional tax statement covering payments made to you from January 1 of the current year to the date of your departure.
Before your departure from the United States you must file Form 1040C, U.S. Departing Alien Income Tax Return. Upon successful completion of this process you will be issued a Certificate of Compliance, otherwise known as the "Sailing Permit" or "Tax Clearance," which you must possess in order to legally exit the United States.
You must obtain your tax clearance from the Internal Revenue Service. It will be necessary that you appear in person at the address shown below during the hours indicated. The office is open Monday through Friday, except for holidays.
A separate clearance is needed for each departing alien. If both husband and wife are aliens and leaving the country, both must appear even though joint tax returns are filed.
We suggest that you get your "Sailing Permit" at least two weeks before departure, but not earlier than 30 days before departure. Do not wait until the last minute as there may be some unexpected problems to settle.
Obtaining your "Sailing Permit" will be made easier if you take to the Internal Revenue Office papers and documents related to your income and stay in the United States. The following is a list of some of these papers and documents:
- A valid passport with your Alien Registration Card or Visa.
- Copies of your U.S. income tax returns filed for the past 2 years. (If you were in the United States for less than 2 years, bring copies of the income tax returns you filed in that period.)
- Receipts for income taxes paid on these returns.
- Receipts, bank records, canceled checks and other documents that prove your deductions, business expenses, and dependents claimed on the returns.
- A statement (your enclosed provisional tax statement) from each employer you worked for this year, showing wages paid and tax withheld. If you are self-employed (i.e. received honorarium payment(s) from outside UCSD), you must bring a statement of income and expenses up to the date you plan to leave.
- Proof of any payments of estimated tax for the past year, as well as the current year.
- Documents showing any gain or loss from the sale of personal property, including capital assets and merchandise.
- Documents concerning scholarships or fellowship grants
- Copies of the application for, and approval of, the grant,
- Statement of the amount paid, and the duties and obligations under the grant, and
- List of any previous grants.
- Documents indicating qualification for special tax treaty benefits.
___________________________________________________________________________________
IRS Address: 880 Front Street 9:00am to 4:30pm
San Diego, CA Office Hours
AT-8 (rev. 8/90)
SUPPLEMENT I
DEDUCTIONS FROM NON-RESIDENT ALIENS
Supplement I is available for printing/viewing in Acrobat Adobe PDF Format
SUPPLEMENT II
NEW HIRE ATTACHMENTS
Supplement II is available for printing/viewing in Acrobat Adobe PDF Format
SUPPLEMENT III
DEDUCTIONS FROM RESIDENT ALIENS
(As Defined for Tax Purposes)
Supplement III is available for printing/viewing in Acrobat Adobe PDF Format
SUPPLEMENT IV
DEDUCTIONS FROM NON-RESIDENT ALIENS
(As Defined for Tax Purposes)
Supplement IV is available for printing/viewing in Acrobat Adobe PDF Format
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