Nonresident Alien Payments

Similar documents
Tax Guide for International Persons

Form 13-S: Supplement to HR Form 13 To Pay For Personal Services of International Lecturers, Consultants, and Independent Contractors

RESIDENT ALIENS AND NONRESIDENT ALIENS

TAX RETURNS FOR NON US CITIZENS (FOREIGN STUDENTS AND IMMIGRANTS) Monica Ibarra and Mary Lepper Center for Great Neighborhoods VITA

Table of Contents. A Guide to International Faculty Exchange

Nonresident Spouse Treated as a Resident

EMPLOYEE PAYROLL ENROLLMENT AND UPDATE FORM

Resident Aliens need not be tracked for employment expiration or tax purposes.

Unique Filing Status and Exemption Situations

Guide to Hosting an International Scholar at Grand Valley State University

LOAN-OUT COMPANY START FORM AND AGREEMENT

Policy ALIEN TAX STATUS

WAKE FOREST UNIVERSITY Foreign National Information Form

INTERNATIONAL ISSUES

Unique Filing Status and Exemption Situations

HIRING and PAYING FOREIGN NATIONALS

THE UNIVERSITY OF TEXAS AT EL PASO J-1 EXCHANGE VISITOR VISA INSTRUCTIONS & APPLICATION INFORMATION FOR UTEP DEPARTMENTS

EMPLOYEE UPDATE FORM

Topics for Today s Presentation

Immigrant Eligibility for Public Health Insurance in NYS Empire Justice Center

Last Name First name Middle Initial Address DETACH HERE

Responsibilities for J-1 Scholars and their J-2 Dependents

J-1 Scholar Check In.

Secretariat. United Nations ST/IC/2001/27. Information circular* * * 10 April 2001

DRAWING AND NOTIFICATION OF GRAND PRIZE WINNER:

A KEEN SIGNATURE SERVICES, LLC Independent Contractor Agreement

Welcome to City of Hope! SCHOLAR ORIENTATION. International Student And Scholar Office. Click to edit Master Presentation Date

Temporary Visas for Studying

J-1 Exchange Visitor Program Information For Academic Departments

J-1 Scholar / Faculty/ Specialist Immigration Orientation Session

MANHATTAN COLLEGE J-1 PROGRAM HANDBOOK A GUIDE TO IMMIGRATION MATTERS FOR J-1 PROFESSORS AND SCHOLARS

J-1 Visa Status. A guide to the rules and regulations of the J-1 Exchange Visitor Program. Colorado School of Mines

ME DOCI O COLLEGE CALIFORNIA COMMUNITY COLLEGE RESIDENCY DETERMINATION GUIDE FOR TUITION PURPOSES. Short Guide for on-citizen Applicants

Legal documentation (Trust Instrument/Trust Agreement) exists The membership requirements are met (See item 1. in the TRUST ACCOUNT AGREEMENT AND

If 2nd Level review Required: List of additional documentation that may be required

RUTGERS POLICY. 3. Who Should Read This Policy All deans, directors, and hiring managers and employees who are foreign nationals

CONTRIBUTION OR PURCHASE NECESSARY TO ENTER OR TO WIN.

DATE ISSUED: 2/18/ of 6 UPDATE 107 DBD(LEGAL)-P

VISA INFORMATION FOR J-1 EXCHANGE VISITOR STUDENTS

Administrative and Financial Management of Your PEER Grant. Kelly Robbins Lina Stankute-Alexander

STATE OMNIBUS BILLS AND LAWS January 1 June 30, 2011

Complete Form I-9 Section 2:

Form DC-451 GARNISHMENT SUMMONS Page: 1

VISAS AND EMPLOYMENT CONTRACTS IN DMCC AT A GLANCE

Visa Holder Duration Work Restrictions. For as long as the person is recognized by the Secretary of State as being entitled to the status.

TITLE 22 - TAXATION CHAPTER 3 - GENERAL WELFARE

Institute for Advanced Study Scholar Questionnaire

OBTAINING CERTIFICATE OF U.S. CITIZENSHIP (N-600 APPLICATION) IMMEDIATE RIGHT TO CITIZENSHIP

REQUEST FOR DS-2019/J1 VISA SPONSORSHIP

Administrative and Financial Management of Your PEER Grant. Kelly Robbins Lina Stankute-Alexander

AURA OI Visas: Information, Policies, & Procedures

Ignorance Is Not Bliss: Basic Immigration for Non-Foreign Student Advisers

DATE ISSUED: 1/16/ of 6 UPDATE 112 DBD(LEGAL)-P

International Scholars at VSU on J and H Visa J Status H Status

MEDICAL SERVICES POLICY MANUAL, SECTION D

EFFECTIVE JULY 1, 2005 DOCUMENTS REQUIRED TO APPLY FOR OR RENEW A MISSOURI DRIVER LICENSE, NONDRIVER LICENSE, OR INSTRUCTION PERMIT

Guide to Vermont s Lobbying Registration & Disclosure Law

International Student Employment Packet

Payroll New Hire and Status Change Form

TEXAS ETHICS COMMISSION

J-1 Exchange Visitor

INFORMATION FOR INITIAL I-20 APPLICANTS. Requirements

Important: To prevent changes to your coverage in Ambetter from Superior HealthPlan, please respond to the Health Insurance Marketplace

Visa Information. Reciprocity student Guide, visa information

ELIGIBLE VISA CLASSIFICATION

BY-LAWS OF THE PETROLEUM ACCOUNTANTS SOCIETY OF SAN ANTONIO, TEXAS INTRODUCTION

J-1 Visitor Exchange Program REQUEST TO SPONSOR A J-1 EXCHANGE VISITOR

Policy 1326 Immigration Reform and Control Act

J.F.K. Health and Welfare Fund, Incorporated Revised By-Laws

It is further noted that you have advised counsel that the book will have national applicability and is not limited to New Jersey in its scope.

Economic Hardship Employment Application

APPLICATION FOR CERTIFICATION AS A BIOLOGICAL WASTEWATER TREATMENT OPERATOR

June 2016 Summary of Changes

VOLUNTEER BASIC TRAINING SUMMARY CHART

Formal Advisory Opinion No. 2 of 2010

Visiting Scholar Application

Bylaws of the Philalethes Society Proposed for Adoption at the Annual Meeting of February 20, 2016 Draft of 4/24/2015 Proposed by John Cooper

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT (GSICA)

NEW HIRE / REPLACEMENT INFORMATION

Document Checklist. All applicants must send the following 3 items with their N-400 application:

Introduction to the J-1 Home Residency Requirement

Bylaws of the Philalethes Society (Last amended on June 24, 2017, Bloomington, MN)

J-1 Student Immigration Orientation Session

ARTICLES OF INCORPORATION of FRIENDS OF PUNDERSON STATE PARK REGION, INC. ARTICLE I ARTICLE II ARTICLE III

BYLAWS SANTA MONICA HIGH SCHOOL ATHLETIC BOOSTER CLUB ARTICLE I NAME & LEGAL STRUCTURE

Tips for Completing the Form DS-156

PHARMACIST INTERN CERTIFICATE APPLICATION

Slide 1. Slide 2. Slide 3. Agenda. Short-Term Needs. Solutions for Short-Term Needs

Crosswalk: ARFA First Nations Current Model to Streamlined Agreement

Family Name: First Name: Middle Name: Gender: [ ] Male [ ] Female. Date of Birth: City: Province: Country: Citizenship: Legal Residence:

MSSADA MASSACHUSETTS SECONDARY SCHOOL ATHLETIC DIRECTORS ASSOCIATION

Summer Special Milk Program Program Agreement

City County Zip Code. Date(s) permit being applied for: MONTH/YEAR SUNDAY DATE FEES DUE

J-1 VISITING SCHOLAR INFORMATION REQUEST FORM

INFORMATION FOR INITIAL I-20 APPLICANTS. Requirements

Terms and Conditions for Maybank World MasterCard Star Wars Top Spender Campaign

Information about the J-1 Exchange Visitor Program at Hampton University and DS-2019 Request Form for Visiting Research Scholars

Immigration Requirements for Entry to the United States (F-1 Students)

Acceptable Forms of Identification for Voting in Texas. 3/2/2015 Texas Secretary of State Elections Division 1

CHAPTER THREE. California Cash Assistance Program for Immigrants (CAPI)

Transcription:

2017 Nonresident Alien Payments The University of Kansas 9/1/2017

Table of Contents Disclaimer... 2 Who is a Nonresident Alien?... 3 Types of Nonresident Alien Payments... 3 Payments for Services... 3 Honorariums... 3 Cash Awards to Non-Employee Students... 3 Travel Reimbursement... 3 Research Participants... 4 Payments to Nonresident Aliens... 4 Visas and Payments... 4 Common Visa Types... 4 Glacier... 5 Type of payment required documentation... 5 Checklist... 6 Questions... 6 1 P a g e

Disclaimer The information presented within this document is intended for payments made to nonresident aliens where the payment comes through Payables only. THIS DOCUMENT IS MEANT TO BE USED AS A GUIDE, NOT A FINAL DETERMINATION WHEN MAKING A PAYMENT TO A NONRESIDENT ALIEN. There are unique matters pertaining to each person which may cause payments to have no withholding, withholding, or denied altogether. Nothing in this document shall be construed to be legal advice or tax advice. 2 P a g e

Who is a Nonresident Alien? Nonresident aliens are persons who are not U.S. citizen or a permanent resident. They have a legal presence in the U.S. While not an exhaustive list, nonresident aliens may be students, guest speakers, performers, athletes, professionals, journalists, trainees, religious workers, visitors, etc. Types of Nonresident Alien Payments There are five basic types of payments to nonresident aliens that come through Payables. There are other types of payments, but they are not discussed in this document. 1. Payments for services 2. Honorariums 3. Cash awards to non-employee students 4. Travel reimbursement 5. Research participants Payments for Services These payments are to nonresident for compensable services performed. Caution must be exercised because if an employer/employee relationship exists, the person must be on payroll. There is some helpful information located at http://www.procurement.ku.edu/contractualservices to help determine if an employer/employee relationship exists. Payments for services may be subject to tax withholding and reporting. Honorariums Some departments may invite persons who are well regarded as leaders in their field of work to present to classes or groups. Departments may wish to provide these persons with an honorarium. Honorariums are not provided for compensable services. Cash awards may be subject to tax withholding and reporting. Cash Awards to Non-Employee Students Cash awards are truly that, an award. There are no requirements attached to the award and there is no service component attached to the award. If there is a service component attached, it would be compensation for services provided, and may need to be treated as an employee. Only cash awards to non-employee students are to be processed via Payables. Only fund 725 is allowed. If the non-employee student is not a nonresident alien, the payment is through KU Endowment. If the student is an employee in any department in any capacity, the award is made via Payroll utilizing the additional fringe benefit form located on Payroll s Website. If there is no service component related to the award, ensure Payroll is aware of this so FICA is not withheld. All cash awards are subject to tax withholding and reporting. Travel Reimbursement Travel reimbursement (transportation, hotel, parking, and meals) may be made to a nonresident alien with receipts. Cancelled checks, bank statements, credit card statement, and other documents are not receipts. In some instances, payment of travel, travel reimbursement, and living costs may be counted as income to the individual and may be subject to tax withholding and reporting. 3 P a g e

Research Participants Typically, research participants are paid using research funds via KU Center for Research, Inc. Any research participant coming through Payables may have tax withholding, and will be reported. There is no di minimis amount not subject to reporting. As a research university, KU must be in compliance with research policies. The appropriate research approval number should be documented on all receipts before payments are issued. For appropriate guidelines with regards to Human Subject Compliance, please consult with KU center for Research. Payments to Nonresident Aliens Before any offer of payment is made to a nonresident alien, it is important to ensure a payment can be made. Just because an offer is extended and accepted a nonresident alien does not automatically mean a payment is legally possible. For this reason, it is strongly recommended the department is certain a payment can be made before entering into any agreement. For example, not having a visa or having a visa type that prohibits payment will result in payments to the nonresident alien being denied. Departments and recipients must also understand the net amount received may be less due to required withholding. Anytime there is a desire to make a payment to a nonresident alien, the facts and circumstances surrounding the payment must be known. Before an offer is ever extended to any nonresident alien, some factors to consider are: Is the person allowed to receive a payment? What is their residency status for tax purposes? Is the payment subject to tax withholding, and if so, at what rate? Is the recipient eligible for a tax treaty exemption? Is the payment reportable? Visas and Payments Nonresident aliens receiving a payment must have a valid visa that permits the individual to accept a payment. Not all visas permit allow the recipient to receive a payment. Some common visas are listed in the table below. This is by no means a comprehensive or exhaustive list. Common Visa Types Visa Type Notes B-1 Business visitor. No work authorization. May receive honoraria and travel reimbursement. B-2 Visitor for pleasure. No work authorization. May receive honoraria and travel reimbursement. F-1 Students. Work authorized for sponsoring employer only. F-2 Dependents of students. No work authorization. H-1B Professionals. Work authorization for the sponsoring employer only. Can only receive compensation as an employee. 4 P a g e

Visa Type Notes Exchange visitors, includes students. Work is authorized under certain J-1 circumstances for the sponsoring institution or entity designated by the sponsor, as allowed by the program. J-2 Dependent. Work is authorized in certain circumstances. Table 1--Adapted from Nonresident Alien Tax Compliance: A Guide for Institutions Making Payments to Foreign Students, Scholars, Employees, and Other International Visitors, Volume I, by Donna E. Kepley Glacier Glacier is an online tool for calculating residency status for tax purposes, withholding rates, withholding amounts, and tax treaty benefits. Glacier also provides Payables the necessary forms pertaining to payment. The recipient will receive an email and enter their information. Once the documentation when the information is complete, the individual will print and sign the glacier tax summary and then submit it to the SSC. In order to allow any tax treaty benefits, the recipient must have a U.S. issued social security number or ITIN (individual taxpayer identification number). Persons needing an ITIN may contact Legal Services for Students. Type of payment required documentation Payment Type Every NRA Award Fellowship Required Documentation Color Copy of VISA (unless VWT) Color copy of Passport (must show expiration date and foreign individuals picture) J1 needs DS-2012 or approval level from sponsor F1 needs I-20 Glacier Tax summary report Can be completed 30 days prior to entry date Email lisahetrick@ku.edu the individuals name and email to set them up in glacier I-94 Award form (https://procurement.ku.edu/wrukic) Cannot be paying for a service Can only use 725 funds Fellowship form (https://procurement.ku.edu/fksvrl and select Scholarship/Fellowship form) 5 P a g e

Payment Type Honoraria Service Tax exempt Required Documentation Contractual services form stating they are being paid honoraria Cannot be paying for service Can only pay B1/B2/J1/WT Must follow the 9/5/6 rule for B1/B2 (activity cannot last longer than 9 days and visitor cannot have accepted payment from more than 5 institutions in past 6 months) Need honoraria statement signed by individual Contractual service form (https://procurement.ku.edu/csf17) 8233 form signed by individuals Checklist Below is a checklist intended to be a tool in helping ensure a smooth payment process. It is not meant to be inclusive of every situation that may arise. Confirm the recipient is not a U.S. citizen or resident alien Does the payment fit into one of these five categories? 1. Payments for services 2. Honorariums 3. Cash awards to non-employee students 4. Travel reimbursement 5. Research participants Does the recipient have a visa type allowing a payment? Does the recipient have a U.S social security number or ITIN? Has the recipient completed information in Glacier? Has a W-8BEN form been obtained? Has a high resolution copy of the Visa and Passport been obtained for documentation? Have I contacted Payables with my questions? Questions For questions about processing payments to nonresident aliens, please contact Lisa Hetrick (864-5942, lisahetrick@ku.edu) 6 P a g e