Userid: CPM Schema: Leadpct: 100% Pt. size: 9 Draft Ok to Print notice Fileid: … es/N1392/201810/A/XML/Cycle06/source (Init. & Date) _______ AH XSL/XML Page 1 of 2 10:14 - 26-Oct-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Notice 1392 Internal Revenue Service (Rev. October 2018) Supplemental Form W-4 Instructions for Nonresident Aliens Nonresident aliens must follow special instructions when the United States. This Notice modifies the instructions on completing Form W-4, Employee's Withholding Allowance Form W-4 to take into account the restrictions on a nonresident Certificate, for compensation paid to such individuals as alien's filing status, the correct number of personal allowances employees performing dependent personal services in the to claim, and the restriction on claiming the standard United States. Compensation for dependent personal services deduction. includes amounts paid as wages, salaries, fees, bonuses, commissions, compensatory scholarships, fellowship income, Are there any exceptions to this and similar designations for amounts paid to an employee. withholding? Getting tax forms and publications. Go to IRS.gov/Forms- Yes. Nonresident aliens may be exempt from wage Instructions to view, download, or print all of the forms and withholding on the following amounts. publications you may need. You can also download and view • Compensation paid to employees of foreign employers if popular tax publications and instructions on mobile devices as such pay is not more than $3,000 and the employee is an eBook at no charge. Or, you can go to IRS.gov/OrderForms temporarily present in the United States for not more than to place an order and have forms mailed to you within 10 a total of 90 days during the tax year. business days. Also, you can call 800-829-3676 to place your order. • Compensation paid to regular crew members of a foreign vessel. Are you a nonresident alien? If so, these • Compensation paid to residents of Canada or Mexico special instructions apply to you. Resident engaged in transportation-related employment. aliens should follow the instructions on • Certain compensation paid to residents of American Form W-4. Samoa, Puerto Rico, or the U.S. Virgin Islands. If you are an alien individual (that is, an individual who is not • Compensation paid to foreign agricultural workers temporarily admitted into the United States on H-2A visas. a U.S. citizen), specific rules apply to determine if you are a resident alien or a nonresident alien for federal income tax See Pub. 519 to see if you qualify for one of these purposes. Generally, you are a resident alien if you meet either exemptions. the “green card test,” or the “substantial presence test,” for the Nonresident aliens may be exempt from wage withholding calendar year. Any alien individual not meeting either test is on part or all of their compensation for dependent personal generally a nonresident alien. Additionally, a dual-resident services under an income tax treaty. If you are claiming a tax alien who applies the so-called “tie-breaker” rules contained treaty withholding exemption, do not complete Form W-4. within the Resident (or Residence or Fiscal Residence) article Instead, complete Form 8233, Exemption from Withholding on of an applicable U.S. income tax treaty in favor of the other Compensation for Independent (and Certain Dependent) Contracting State is treated as a nonresident alien. See Pub. Personal Services of a Nonresident Alien Individual, and give it 519, U.S. Tax Guide for Aliens, for more information on the to each withholding agent from whom amounts will be green card test, the substantial presence test, and the received. first-year choice. Even if you submit Form 8233, the withholding agent may What compensation is subject to have to withhold tax from your income because the factors on withholding and requires a Form W-4? which the treaty exemption is based may not be determinable until after the close of the tax year. In this case, you must file Compensation paid to a nonresident alien for performing Form 1040NR, U.S. Nonresident Alien Income Tax Return, (or personal services as an employee in the United States is Form 1040NR-EZ, U.S. Income Tax Return for Certain subject to graduated withholding. Compensation for personal Nonresident Aliens With No Dependents, if you qualify), to services also includes amounts paid as a scholarship or recover any overwithheld tax and to provide the IRS with proof fellowship grant to the extent it represents payment for past, that you are entitled to the treaty exemption. See Form 8233 present, or future services performed as an employee in the and the Instructions for Form 8233, Pub. 901, U.S. Tax United States. Nonresident aliens must complete Form W-4 Treaties, and Pub. 519 for more information on treaty benefits. using the modified instructions provided later, so that employers can withhold the correct amount of federal income tax from compensation paid for personal services performed in IRS.gov Catalog No. 54303E |
Page 2 of 2 Fileid: … es/N1392/201810/A/XML/Cycle06/source 10:14 - 26-Oct-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Am I required to file a U.S. tax return even information about other adjustments that might reduce the if I am a nonresident alien? amount of your withholding. Yes. Nonresident aliens who perform personal services in Personal Allowances Worksheet. If you use the Personal the United States are considered to be engaged in a trade or Allowances Worksheet to complete line 5, enter one personal business in the United States and generally are required to file allowance for yourself on Line A. Form 1040NR (or Form 1040NR-EZ). Also, you will need to file Do not enter an amount on Lines B, C, or D. Form 1040NR (or Form 1040NR-EZ) to claim a refund of any overwithheld taxes. See the Instructions for Form 1040NR, or E. Child tax credit. Certain nonresident aliens who are the Instructions for Form 1040NR-EZ, for more information. residents of Canada, Mexico, South Korea, or India may be Nonresident aliens who are bona fide residents of U.S. eligible to claim an additional allowance for the child tax credit. possessions should consult Pub. 570, for information on To claim the child tax credit your child must have an SSN valid whether compensation is subject to wage withholding in the for employment issued prior to the due date of your tax return United States. (including extensions). Contact the SSA to find out if your child can get an SSN. See the instructions for Line 2 above for how Will my withholding amounts be different to contact the SSA. from withholding for my U.S. coworkers? To determine whether you may be allowed to claim an additional allowance for the child tax credit, see Line E. Child Yes. Nonresident aliens cannot claim the standard tax credit under Specific Instructions in the instructions for deduction. The benefits of the standard deduction are included Form W-4. in the existing wage withholding tables published in Pub. 15 For more information on the child tax credit, see Pub. 972, (Circular E), Employer's Tax Guide. Child Tax Credit. Also, see Pub. 519 for a discussion of Because nonresident aliens do not qualify for the standard nonresident aliens and the child tax credit. deduction, employers are instructed to withhold an additional amount from a nonresident alien's wages. For the specific F. Credit for other dependents. The credit for other amounts to be added to wages before application of the wage dependents is a new credit for dependents who do not qualify tables, see Pub. 15. for the child tax credit. Certain nonresident aliens who are residents of Canada, Mexico, South Korea, or India may be Note. A special rule applies to nonresident alien students eligible to claim an additional allowance for the credit for other from India and business apprentices from India who are dependents. eligible for the benefits of Article 21(2) of the United To determine whether you may be allowed to claim an States-India income tax treaty. Employers are not required to additional allowance for the credit for other dependents, see withhold an additional amount for the standard deduction from Line F. Credit for other dependents under Specific Instructions the wages of these individuals, as they may be entitled to claim in the instructions for Form W-4. an additional personal allowance for the standard deduction. See Pub. 15 and Pub. 519 for more information. Deductions, Adjustments, and Additional Income Worksheet. Use the Deductions, Adjustments, and Additional What are the special Form W-4 Income Worksheet only if you itemize deductions, claim instructions? certain adjustments to income, or have a large amount of nonwage income. Generally, your nonwage income is not Nonresident aliens should pay particular attention to the included in the computation of income tax withholding at following lines when completing Form W-4. graduated rates. See Pub. 519 for more information. Line 2. You are required to enter a social security number Multiple withholding agents. If you are completing Form (SSN) on line 2 of Form W-4. If you do not have an SSN, W-4 for more than one withholding agent (for example, you contact the Social Security Administration (SSA) to find out if have more than one employer), figure the total number of you are eligible for one. personal allowances you are entitled to claim and claim no You can visit any SSA office or call the SSA at more than that amount on all Forms W-4 combined. Your 800-772-1213. For the deaf or hard-of-hearing, call withholding usually will be most accurate when all allowances 800-325-0778 (TTY/TTD number). are claimed on the Form W-4 for the highest-paying job and For more information, go to www.ssa.gov/ssnumber. zero allowances are claimed on the others. Note. You cannot enter an individual taxpayer identification Line 6. Write “nonresident alien” or “NRA” on the dotted line. If number (ITIN) on line 2 of Form W-4. you would like to have an additional amount withheld, enter the amount on line 6. Line 3. Check the single box regardless of your actual marital status. Line 7. Do not claim that you are exempt from withholding on line 7 of Form W-4 (even if you meet both of the conditions Line 5. Generally, you can claim one personal allowance. See listed on that line). Pub. 519 and Personal Allowances Worksheet below for IRS.gov Catalog No. 54303E |