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Foreign Nationals
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Receiving Payments in the U.S.
> Payments to Visitors
Payments to Visitors
Whether you are a professor or researcher coming to the College or Institute to give a talk/lecture/presentation or whether you are an artist performing or whether you are consultant working on a project, you are considered an independent contractor receiving self-employment income.
You can generally receive an Honorarium and reimbursements for travel expenses. Below is detailed how these payments are treated tax-wise for non-resident aliens. For independent contractor payments to U.S. citizens, green card holders and resident aliens for tax purposes, go
here
.
Remember, that a visit is always preceded by discussions on the right
Visa
status to come in on and the
documentation
required. Treaty benefits can only be given if a social security number or individual taxpayer identification number is
available
and other restrictions are met. Please always include the
Tax Office
in your preliminary discussions.
Here is a
Voucher Template
for a payment that is taxed.
Honorarium
... is
processed
through the individual departments
in Middlebury / the Institute and paid via check or wire;
... is
taxed
by the College / Institute
and the tax is subtracted from the independent contractors' check on behalf of the IRS. The tax rate is generally 30%. Depending on the last tax residence of the individual, a
treaty benefit
might apply dropping the tax rate to 0%. Because the flat tax rate of 30% is rather high, the IRS often gives you a tax refund once you file a tax return depending on your total income for the calendar year.
30% tax is applied
to anybody who does not submit the
Foreign National Information Form
or the required documents;
... is
reported by the College / Institute
on
Form 1042-S
with income code 16 for presenters and income code 20 for artists, exemption code 00 if no treaty benefits have been applied, exemption code 04 if treaty benefits have been applied;
... is
reported by you
on Form 1040NR or 1040NR-EZ.
Gifts in Lieu of Payment
... are generally
discouraged
by the College / Institute. Gifts for life events such as marriage, baby, death, etc. are personal expenses and are not paid by the College / Institute.
... are
processed
through the individual departments
in Middlebury / the Institute;
... are
taxed
by the College / Institute
if greater than a de minimus amount set by Accounts Payable and the tax is charged to the independent contractor on behalf of the IRS. The tax rate is generally 30%. Depending on the last tax residence of the individual, a
treaty benefit
might apply dropping the tax rate to 0%. Because the flat tax rate of 30% is rather high, the IRS often gives you a tax refund once you file a tax return depending on your total income for the calendar year.
30% tax is applied
to anybody who does not submit the
Foreign National Information Form
or the required documents;
... are
reported by the College / Institute
on
Form 1042-S
with income code 50 for miscellaneous income, exemption code 00 if no treaty benefits have been applied, exemption code 04 if treaty benefits have been applied;
... are
reported by you
on Form 1040NR or 1040NR-EZ.
Travel Expenses
...
include
, but are not limited to, visa fees, mileage, car rental, gas for car rental, toll, parking, air fare, train fare, bus fare, taxi fare, hotel, housing, utilities for housing, hospitality, meals, site visits, special events, conference registration, office supplies, postage, photocopies, printing, binding, per diem payments for meals and incidentals per
GSA rate
;
... are
processed
through the individual departments
in Middlebury / the Institute and paid via check or wire for reimbursements or directly to the hotel/airline etc.;
... are
NOT taxed
by the College / Institute
as they fall under the accountable plan rules (Treasury Regulation 1.62-2). To honor the accountable plan rules the payee has to (1) establish the business purpose and connection of the expenses; (2) substantiate the expenses (original receipts!) claimed to the payer within a reasonable period of time; and (3) return any amounts to the payer which are over and above the substantiated business expenses within a reasonable period of time;
... are
NOT reported by the College / Institute
on any IRS form unless payment is per diem or reimbursements are made based on copies of original receipts or amounts are over and above the substantiated business expenses, or not accounted for within a reasonable period of time and are then reportable to the IRS on
Form 1042-S
and subject to tax withholding like the Honorarium;
... are
NOT reported by you
on Form 1040NR or 1040NR-EZ unless above exception and may then be claimed as expenses on your personal or business income tax return.
Last Updated: May 18, 2009
Receiving Payments in the U.S.
Documents and IRS Forms needed to get Paid
Social Security and Medicare Tax Exemptions
Payments to Students and Fellows
Payments to Visitors
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