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Dec-11. DAY TWO Taxable Payments Made through the Vendor System. 2. Agenda. DAY TWO(Today)Taxable Payments Made Through the Vendor SystemReview: General Disbursements IssuesIndependent Personal Services PaymentsVendor Payments with Income Tax ImplicationsCalifornia Non-Wage Tax WithholdingTaxation of Scholarship / Fellowship GrantsNonresident Alien Tax Issues.
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1. Accounts Payable & Disbursements Training _____________________________________________________________
DAY TWO
Taxable Payments Made Through the
Vendor System
______________________________________________________________
Asger Pedersen
Accounting Services & Controls
2. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 2 Agenda DAY TWO
(Today)
Taxable Payments Made Through the Vendor System
Review: General Disbursements Issues
Independent Personal Services Payments
Vendor Payments with Income Tax Implications
California Non-Wage Tax Withholding
Taxation of Scholarship / Fellowship Grants
Nonresident Alien Tax Issues
3. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 3 Class Focus AWARENESS – Policies, Procedures, Responsibilities
PROCESSES – serving stakeholders
TOOLS – providing user functionality
Ask questions!
4. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 4 Review: General Disbursements IssuesThe Essentials Accounting looks for evidence of both Authorization and Approval
No payment transaction should lack appropriate authorization, approval and substantiating documentation
See discussion at PAYMENT PROCESSING AT UCSB: OVERVIEW at following web link:
http://www.accounting.ucsb.edu/pdf/ap_overview.pdf
5. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 5 Review: General Disbursements IssuesAll payment requests must evidence Authorization — a commitment
By an authorized individual (PI’s, LV buyers, Purchasing, Contracts & Property Office)
In the form of a requisition, purchase order, contract, agreement or letter of understanding
Approval — an acknowledgement
By a departmental approver (signer with authority to disburse from the budget in question)
In the form of an invoice or payment request referencing a valid authorization
6. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 6 Review: General Disbursements IssuesRelationships & Compliance Issues All payment requests …
Infer a contractual relationship
Buyer/Seller – common goods & services
Employer/Employee – dependent personal services
Client/Service provider – independent persnl servcs
Raise tax compliance issues
Sales/Use tax – common goods & services
Income tax reporting – dependent and independent personal services providers
Income tax withholding – as triggered by taxpayer’s status (residency, entity type, back-up withholding)
7. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 7 Review: General Disbursements IssuesThe Different Types of Services Payments for common goods & services
Under Low Value (LV), Vendor Blanket (VB) or High Value (SB) authorizations
Payments for personal, professional services
Requiring Payroll processing or
Letter of Understanding (LE), Business Services Contract (CT) or High Value Purchase Order (SB)
See discussions at PAYMENT PROCESSING AT UCSB: SELECTED TOPICS at following web link:
http://www.accounting.ucsb.edu/pdf/ap_payment_process_selected.pdf
8. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 8 Independent Personal Services Payments Governing U.C. Policies The following are links to relevant UC policies
BFB* BUS-43, Materiel Management
http://www.ucop.edu/ucophome/policies/bfb/bus43.html
BFB* BUS-77, Independent Contractor Guidelines
http://www.ucop.edu/ucophome/policies/bfb/bus77pdf.html
BFB* BUS-34, Securing the Services of Independent Consultants
http://www.ucop.edu/ucophome/policies/bfb/bus34.html
*Business and Finance Bulletins (BFB)
See also Summary of Authorizations Required for Approval at
http://www.accounting.ucsb.edu/pdf/AP_summary_of_auths_for_payment.pdf
9. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 9 Independent Personal Services PaymentsLocal Policy Administration Contracts & Property or Purchasing units
Authorizes contracts for services
Links to forms, guidance, policies
http://www.busserv.ucsb.edu/contractsproperty/index.htm
http://www.busserv.ucsb.edu/purchasing/index.htm
Accounting Services & Controls
Processes contract payments
Links to forms, guidance, policies
http://www.accounting.ucsb.edu/disbursement/forms.shtml
10. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 10 Independent Personal Services PaymentsAuthorizing Services Contracts You do not have the authority to sign contracts on behalf of UC unless delegated to you by Regents/Chancellor/campus Materiel Manager
Must go through Contracts & Property office
No agreements should be executed outside established policy and procedure parameters
Know contract authorization vehicles and limits
No services should be performed without a fully executed Letter of Understanding (LE), Purchase Order (SB), or Business Services Contract (CT)
Violations could result in personal/institutional liabilities
11. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 11 Independent Personal Services Payments Authorizing Services Contracts Tools and guidance at the Purchasing / Contracts & Property web sites
Request for Independent Consultant Services
http://www.busserv.ucsb.edu/Forms/ConsultantRequest.pdf
Request for Personal or Professional Services Agreement
http://www.busserv.ucsb.edu/Forms/RequestforService.pdf
CONTACTS:
Julie Sears, Materiel Manager, julie.sears@buss.ucsb.edu, x2585
Randy Stoskopf, Contracts & Property Administrator, randall.stoskopf@purc.ucsb.edu, x3001
12. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 12 Independent Personal Services PaymentsStatus Determination per BFB BUS-77 Employee status
Employer controls results, methods and means
Non-employee status
Employer controls only the results
Status determination tools
Independent Contractor Pre-hire Worksheet, Exhibit D
http://www.ucop.edu/ucophome/policies/bfb/bus34a3.pdf
See also Purchasing’s Relationship Determination Table
http://www.busserv.ucsb.edu/purchasing/goods_services/indepcontractors_psa.htm
13. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 13 Independent Personal Services PaymentsServices Definitions from BFB BUS-43 Common goods and services – Standard supplies and services readily obtainable through conventional commercial channels (covered in DAY ONE class)
Personal services – infrequent, technical, or unique functions performed by an independent contractor
Usually an individual, perhaps part-time
For example; translation, technical editing or appraisal
Professional services – infrequent, technical, and/or unique functions by an independent contractor
In an occupation rendering such services full time, often partnerships, firms, corporations
For example; medical, engineering, performing arts, management consultation
14. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 14 Independent Personal Services PaymentsServices Definitions from BFB BUS-43 Independent contractor – A relationship where the University controls only the result, not the manner of performance
Independent consultant – When the University controls neither the result not the manner of performance
Competence to provide professional or technical advice
ALL BUT #1 REQUIRE INCOME TAX REPORTING
See also the Payment Processing under Contracts for Independent Personal Services discussion at the following web link
http://www.accounting.ucsb.edu/pdf/ap_payment_process_selected.pdf
15. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 15 Independent Personal Services PaymentsThe Purpose of a Contracts for Services Documents scope – Who, what, when, where and why
Documents purpose – What project, what mission and funding source
Documents expectations – Outcome, output for how much compensation
Documents risk – How much risk and who assumes it
16. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 16 Independent Personal Services PaymentsContract Vehicles / Limits Letter of Understanding (LE) — low dollar, simple event, very low risk
Speakers, trainers, workshop facilitators
Cannot exceed $1,500 for one-time event
Very low risk, off-campus or on-campus with UCSB providing facilities, equipment
See How to Hire Speakers & Trainers (non-academic activities) at Contracts & Property web page
http://www.busserv.ucsb.edu/contractsproperty/speakers_trainers.htm#instructions
17. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 17 Independent Personal Services Payments Contract Vehicles / Limits Purchase order (SB) – simple event, very low risk
Speakers, trainers, workshop facilitators exceeding $1,500 but not over $10,000
Contracts (CT) – any risk level
If over $10,000, even if very low risk
Any amount: if higher risks, unique require-ments (catering, props, equipment)
Consultants – All, no matter the amount
Contractors – Professional, unique skills
See links to Campus Catering Policy and Guidelines
http://www.ehs.ucsb.edu/units/envhlth/ehrsc/caterguide.htm
http://www.policy.ucsb.edu/housing-svcs/newfoodpolv41.pdf
18. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 18 Independent Personal Services PaymentsHONORARIA—UNIQUE STATUS In recognition of special services or distinguished achievements for which custom forbids a fixed price
Person with academic credentials in academic setting
Approval by department heads, deans or Chancellor required
No local policy statement, but local approval limits apply
See AMC* D-371-35, Disbursements: Honorarium Payments
http://www.ucop.edu/ucophome/policies/acctman/d-371-35.pdf
*Accounting Manual Chapter
19. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 19 Independent Personal Services PaymentsOTHER PAYMENT PROCESSING TYPES Undergraduate Research Grants
Prizes, Awards and Gifts
Stipend Payments
Leases and Contract Payments
Settlement Payments
Home-Stay Payments
For detailed discussions of above topics see Selected Topics at this web link:
http://www.accounting.ucsb.edu/pdf/ap_payment_process_selected.pdf
20. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 20 Independent Personal Services PaymentsResponsibilities When Procuring Personal Services
Campus departments
Initiate procurement process by submitting relevant data and required forms
Contract & Property (Business Services)
Administers processes for requisitioning services, executing contracts
Accounting Services & Controls
On the basis of data supplied, properly tax codes payment transactions
21. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 21 Independent Personal Services Payments Questions
22. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 22 Vendor Payments with Income Tax ImplicationsWho is Tax-Reportable? — Exempt? Reportable: vendor system compensation to individuals and sole proprietors
Exempt: generally corporate entities because they are “fully audited”
AMC* D-371-12.1, Disbursements: Accounting for and Tax Reporting of Payments Made Through the Vendor System
http://www.ucop.edu/ucophome/policies/acctman/d-371-12-1.pdf
How to tell the difference: Payers expected to certify vendors on IRS Form
Disclose TIN and residency/immigration status
Certify to back-up withholding status
W-9, Request for Taxpayer Identification Number & Certification
http://www.irs.ustreas.gov/pub/irs-pdf/fw9.pdf
23. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 23 Vendor Payments with Income Tax ImplicationsTax Reporting Elements on Form-5 Compliance questions:
UC Employee? If “Yes”, provide justification for non-payroll treatment.
UCSB Student? If “Yes”, ( ) undergraduate? or ( ) graduate? or ( ) non-degree candidate?
Independent Service Provider/Consultant? If “Yes”, ( ) individual/partnership? or ( ) incorporated entity?
California Nonresident? If “Yes”, is work performed in California? ( ) Yes, ( ) No
Nonresident Aliens? If “Yes”, is work performed in US? ( ) Yes, ( ) No
Taxpayer Identification Number (TIN)
See form and instructions at
http://www.accounting.ucsb.edu/forms/form5.shtml
24. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 24 Vendor Payments with Income Tax ImplicationsTax Reporting Elements on Form-5 Tax coding accuracy requires
Description of nature of transactions
Correct disclosure of payee status
Disclosure of location of activity
Types of TIN (Taxpayer Identification Number):
Social Security Number (SSN) issued by SSA
Employer Identification Number (EIN) issued by IRS
Individual Taxpayer Identification Number (ITIN) issued by the IRS
25. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 25 Vendor Payments with Income Tax ImplicationsTaxable/Reportable —Travel* Moving Expenses
Unrecovered Travel Advances
Unsubstantiated Travel Expenses
Discount, Rebate, or Premium Coupons on Transportation Tickets
Unsubstantiated Travel Expenses incurred by Independent Contractor/Consultant
See also BFB** G-28, POLICY AND REGULATIONS GOVERNING TRAVEL
http://www.ucop.edu/ucophome/policies/bfb/g28toc.html
*Per tables in AMC* D-371-12.1
**Business and Finance Bulletin
26. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 26 Vendor Payments with Income Tax ImplicationsTax Exempt Items—Travel* Per Diem for Foreign Travel
Actual Travel Expenses for following expenses
Spouse on University business
Pre-employment (PE) Interview and spouse accompanying on PE interview
Rendering charitable service to University
Accepting a non-reportable prize or award
Independent Contractor/Consultant
Subsistence for travel assignments of more than one year
See also BFB** G-28, POLICY AND REGULATIONS GOVERNING TRAVEL
http://www.ucop.edu/ucophome/policies/bfb/g28toc.html
*Per tables in AMC* D-371-12.1
**Business and Finance Bulletin
27. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 27 Vendor Payments with Income Tax ImplicationsTaxable/Reportable – Other Payments* Fees for Professional Services (Resident or Non-Resident Alien)
Payments to attorneys for legal expenses
Health care commissions to non-employees
Damage payment - services prior to signing loyalty oath
Rent, Royalties
Prizes and awards to Faculty
Prizes and awards to employees – cash
Prizes and awards to non-employees
Uniform allowance (under a non-accountable plan – lump sum allowances)
Human subject payments
*Per tables in AMC* D-371-12.1
28. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 28 Vendor Payments with Income Tax ImplicationsTax Exempt Items – Other Payments* Lease purchase agreement payments
Overtime meals
Employee non-cash award expenditures
Uniform allowance or reimbursement (under an accountable plan – business connection, substantiation, return of excess amounts )
Vendor system settlement payments
*Per tables in AMC* D-371-12.1
29. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 29 Vendor Payments with Income Tax ImplicationsResponsibilities
30. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 30 California Non-Wage Tax WithholdingOverview and References CA Non-Resident Income Tax Withholding Factors
On non-wage compensation for services performed in California by California nonresidents
Applies to residents of foreign countries performing services in California
California does not recognize foreign tax treaties
AMC D-371-77, Disbursements: State Tax Withholding from Nonwage Payments to Nonresidents of California
http://www.ucop.edu/ucophome/policies/acctman/d-371-77.pdf
See following State of California Franchise Tax Board Publications, Guidelines for Determining Resident Status
http://www.ftb.ca.gov/forms/misc/1031.pdf
31. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 31 California Non-Wage Tax WithholdingCalifornia Non-Resident Status Determining California Non-Resident Status
Individuals – less than nine months of year in California
Corporations, Partnerships, LLC’s
NOT organized or existing under laws of the State
NOT qualified by Secretary of State to transact business in California
32. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 32 California Non-Wage Tax WithholdingIncome Tax Withholding—Performing Entities Entertainment – Payments to performing entities (Dept. of Arts & Lectures)
See Nonresident Withholding—Entertainment Guidelines
http://www.ftb.ca.gov/forms/misc/1024.pdf
Tax Withholding Procedures—performers
Payments subject to 7% withholding if total gross is over $1500 for tax year
Waiver or reduced rate may be requested from State Franchise Tax Board
Approval or denial provided on Form 595 – attach if applicable
33. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 33 California Non-Wage Tax Withholding Income Tax Withholding—General General – fees for professional services, consulting, conducting seminars, prizes, awards, royalties
Payee may submit Nonresident Withholding Waiver Request
http://www.ftb.ca.gov/forms/02_forms/02_588.pdf?75622
Tax Withholding Procedure—general
Payments subject to 7% withholding if total gross is over $1500 for tax year
Request waiver or reduced withholding on Form 588
The FTB will issue a determination letter – must be attached
34. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 34 California Non-Wage Tax Withholding Income Tax Withholding—Corporations Corporate (also partnerships and LLC’s) – Payments to such entities with no permanent place of business in state
Corporations may execute a Withholding Exemption Certificate
http://www.ftb.ca.gov/forms/02_forms/02_590.pdf?75622
Tax Withholding Procedure—corporate entities
Payments subject to 7% withholding if total gross is over $1500 for tax year
Request waiver or reduced withholding on Form 590
The FTB will issue a determination letter – must be attached
35. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 35 Taxation of Scholarship / Fellowship GrantsDegree vs. Non-Degree Candidates DEFINITIONS
Degree Candidate – Undergraduate and graduate students including full and part-time students who are merely attending an accredited educational institution authorized to provide a bachelor or higher degree
Non-Degree Candidate – Post-doctoral fellow or a student enrolled in a “certificate” program
AMC* T-182-77, Taxes: Taxation of Scholarship and Fellowship Grants and Educational Assistance
http://www.ucop.edu/ucophome/policies/acctman/t-182-77.pdf
* Accounting Manual Chapter
36. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 36 Taxation of Scholarship / Fellowship GrantsQualified vs. Nonqualified Amounts Payments to Degree Candidates
Qualified Amounts – Used for tuition and fees and related course requirement expenses is excludable from the recipient’s gross income if the recipient is a candidate for a degree for the purpose of studying or conducting research at an educational institution.
Nonqualified Amounts – For incidental expenses; e.g., room and board or expenses for individual papers/research projects, is not excludable from gross income. Therefore such expenses are taxable.
37. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 37 Taxation of Scholarship / Fellowship Grants Tax Reporting of Grants Degree Candidates
Neither the qualified nor the nonqualified portions are reportable by the University.
Any amount used for nonqualified expenses must be reported by the recipient on his/her tax return.
Non-Degree Candidates and Post-Doctoral Fellows
No amount is considered qualified; the entire amount of the grant is taxable and must be reported by the recipient on his/her tax return, though not reportable by the University.
38. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 38 Taxation of Scholarship / Fellowship GrantsWhen Work Is a Condition of Grant Compensation for Services—Payroll treatment
Any portion of a grant representing payment for the performance of teaching, research, or other services by the student, required as a condition of receiving such a grant, is considered wages for employment tax purposes.
39. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 39 Taxation of Scholarship / Fellowship GrantsRules for Nonresident Aliens Treatment differs from U.S. residents
Qualified amounts are exempt same as U.S. residents
Nonqualified amounts are reportable on 1042-S
Nonqualified amounts subject to 14% withholding unless tax treaty provisions apply
Non-degree candidates subject to 30% withholding unless tax treaty provisions apply
Forms Required: W-8BEN (3 versions—all hyperlinked)
W-8BEN (UCSB-GS) – UCSB Graduate Student, F1, J1 visas
W-8BEN (UCSB-EV) – UCSB Exchange Visitor, F1, J1, M1, Q1 visas
UC W-8BEN – non-UCSB NRA’s on B1, B2, WB, WT and other visas
40. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 40 Taxation of Scholarship / Fellowship GrantsEmployee Educational Assistance Payments Excludable from income under certain IRS-compliant programs
IRC Section 117 – includes UC’s qualified Fee and Tuition Reduction programs
IRC Section 127 – use form to determine taxability and job relatedness of activity
Use form to calculate benefit
See page 43 (last page, Exhibit D) of this policy link: http://www.ucop.edu/ucophome/policies/acctman/t-182-77.pdf
41. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 41 Vendor Payments with Income Tax Implications Questions
42. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 42 Nonresident Alien Tax IssuesWho Is Nonresident Alien Status certification process
If on IRS Form W-9 CANNOT affirm
I am a U.S. person (including a U.S. resident alien)
“Person” includes entities such as corporations
Then IRS Form W-8BEN is required
Form UC W-8BEN replaces the University’s old Statement of Citizenship form
http://www.ucop.edu/ucophome/cao/paycoord/w8ben.pdf
See AMC* T-182-27, Taxes: Federal Taxation of Aliens
http://www.ucop.edu/ucophome/policies/acctman/t-182-27.pdf
*Accounting Manual Chapter
43. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 43 Nonresident Alien Tax IssuesComponents of Nonresident Alien (NRA) Taxation Determining residency for tax purposes
Visas: what activities they allow / prohibit
Possible international tax treaty benefits
NRA Tax withholding and reporting rules
The ITIN—Individual Taxpayer Identification Number
Procedures and tools for paying NRA’s
See AMC* T-182-27, Taxes: Federal Taxation of Aliens
http://www.ucop.edu/ucophome/policies/acctman/t-182-27.pdf
*Accounting Manual Chapter
44. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 44 Nonresident Alien Tax IssuesAlien classifications / administration Certain alien classifications (visa types) may receive
Employment compensation
Independent Contractor Payments (Honoraria)
Scholarships/Fellowship grants
Reimbursement for travel/sustenance expenses (some may receive Honoraria)
Visa Classifications Relate to Employment Provisions
As a condition of admission
Only with special authorizations / permits
Prohibited
Under regulations issued by
U.S Immigration and Customs Enforcement (ICE – formerly INS) – immigration law and enforcement
Internal Revenue Service (IRS) – tax policy only
45. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 45 Nonresident Alien Tax IssuesImmigration (ICE) Status Categories U.S. Citizen — By birth or Naturalization
Permanent Resident — Immigrant with “Green Card”
Nonresident — Aliens temporarily present in the U.S for specific purposes as indicated by visa type
Refugee, asylee, etc.
U.S. Tax (IRS) Status Categories
U.S. Citizens and Resident Aliens are taxed under same regulations
Nonresident Aliens are subject to 30% withholding unless tax treaty provision or tax code regulation applies
46. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 46 Nonresident Alien Tax IssuesDetermining Federal Tax Status (IRS) Factors Determining Alien Tax Status
“Green Card” test — permanent immigrant visa, resident alien
Substantial presence test — generally relevant for visas permitting employment
Visa categories exempt from substantial presence test — generally F-1, J-1 student/teacher visas
Brief visitors for business/tourism—B-1, B-2, WB, WT
All must use UC’s new form to determine Alien Tax Status (formerly Statement of Citizenship):
University of California Certificate of Foreign Status for Federal Tax Withholding (UC W-8BEN)
http://www.ucop.edu/ucophome/cao/paycoord/w8ben.pdf
47. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 47
48. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 48 Nonresident Alien Tax Issues Immigration Expenses Allowable as University Expense, not taxable to the alien employee, employment related
Visa application, renewal fees
Costs of obtaining status as a permanent resident
Related legal fees and travel must be properly substantiated
Immigration–related fees associated with scholarship / fellowship grants
Considered part of fellowship grant
Must be included by student in gross income
49. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 49 Nonresident Alien Tax IssuesThe ITIN The Individual Taxpayer Identification Number (ITIN)
For aliens not eligible for Social Security Number (SSN)
For tax reporting purposes only - implies no legal immigration status
Without SSN or ITIN
Alien is not eligible to receive certain payments
May not receive benefit of applicable tax treaty (Up to 37% withholding)
May not file tax return to claim refund of withheld income taxes
50. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 50 Nonresident Alien Tax IssuesMiscellaneous Visa Issues VISA Provisions
An alien’s activities may not violate provisions of his/her Visa
See alien policy link for discussion of various visa classifications (p.14, or summarized in Appendix C, p.69)
http://www.ucop.edu/ucophome/policies/acctman/t-182-27.pdf
B-1, B-2 visas and WB, WT visa waiver
For short term visitors for business, pleasure, tourism
With limitations may be paid honoraria, related expenses
See our fill-in form Nonresident Alien (NRA) Guide, Questionnaire & Forms,
http://www.accounting.ucsb.edu/pdf/ap_NRA.pdf
51. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 51 Nonresident Alien Tax IssuesResponsibilities Host department must obtain form UC W-8BEN and work with visitor to complete documents
Ideally, all tax issues and any withholding amounts should be disclosed in contracts, engagement letters
Alien must correctly complete all required documentation or be subject to NRA income tax withholding (up to 37%, or “gross-up”) — see “Gross-Up” table in training materials
Accounting must ensure alien payments are properly reported and applicable taxes withheld
52. Dec-11 DAY TWO Taxable Payments Made through the Vendor System 52 Nonresident Alien Tax Issues Scenarios & Questions