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                                                                                             Department of the Treasury
Notice 1392                                                                                  Internal Revenue Service
(Rev. January 2020)

Supplemental Form W-4 Instructions 
for Nonresident Aliens
 
Nonresident aliens must follow special instructions when           the United States. This Notice modifies the instructions to 
completing Form W-4, Employee's Withholding Certificate, for       Form W-4 to take into account the restriction on a nonresident 
compensation paid to such individuals as employees                 alien's filing status, the restriction on claiming the standard 
performing dependent personal services in the United States.       deduction, and the restriction on claiming tax credits and 
Compensation for dependent personal services includes              deductions for certain Nonresident aliens.
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 1040-NR, U.S. Nonresident Alien Income Tax Return (or 
personal services as an employee in the United States is           Form 1040-NR-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



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Am I required to file a U.S. tax return even                     Step 2: Multiple Jobs or Spouse Works.     Do not complete 
if I am a nonresident alien?                                     this section unless you have more than one job at the same 
                                                                 time. Do not account for your spouse's job because 
Yes. Nonresident aliens who perform personal services in         nonresident aliens may not file jointly.
the United States are considered to be engaged in a trade or 
business in the United States and generally are required to file If you have more than one job, you may complete Step 2(b) 
Form 1040-NR (or Form 1040-NR-EZ). Also, you will need to        or Step 2(c).
file Form 1040-NR (or Form 1040-NR-EZ) to claim a refund of      If you chose Step 2(b), complete the Step 2(b) Multiple 
any overwithheld taxes. See the Instructions for Form            Jobs Worksheet for only one job and write “nonresident alien” 
1040-NR, or the Instructions for Form 1040-NR-EZ, for more       or “NRA” below Step 4(c) for only one job.
information.                                                     If you have only two jobs, you may choose Step 2(c), check 
Nonresident aliens who are bona fide residents of U.S.           the box on both Forms W-4, and write “NRA” or “nonresident 
possessions should consult Pub. 570, for information on          alien” below Step 4(c) for the Form W-4 for the highest paying 
whether compensation is subject to wage withholding in the       job. Do not write “nonresident alien” or “NRA” below Step 4(c) 
United States.                                                   for the other job.
                                                                 Nonresident aliens should not use the Tax Withholding 
Will my withholding amounts be different                         Estimator.
from withholding for my U.S. coworkers?
                                                                 Multiple withholding agents.  If you are completing Form 
Yes. Nonresident aliens cannot claim the standard                W-4 for more than one withholding agent (for example, you 
deduction. The benefits of the standard deduction are included   have more than one employer), complete Steps 3-4(b) on only 
in the existing wage withholding tables published in Pub. 15-T,  one Form W-4. Withholding will be most accurate if you do this 
Federal Income Tax Withholding Methods.                          on the Form W-4 for the highest paying job.
Because nonresident aliens may not claim the standard 
deduction, employers are instructed to withhold an additional    Step 3: Claim Dependents.    Only certain nonresident aliens 
amount from a nonresident alien's wages. For the specific        should use Step 3. Nonresident aliens from Canada, Mexico, 
amounts to be added to wages before application of the wage      South Korea, or India may be able to claim the child tax credit 
tables, see Pub. 15-T.                                           or the credit for other dependents. See Pub. 519 and Pub. 972 
                                                                 for more information.
Note.   A special rule applies to nonresident alien students 
                                                                 Nonresident aliens are generally not entitled to education 
from India and business apprentices from India who are 
                                                                 credits. See Pub. 519 for more information.
eligible for the benefits of Article 21(2) of the United 
States-India income tax treaty. Employers are not required to    Add the total credits that you may claim and enter the total 
withhold an additional amount for the standard deduction from    in Step 3.
the wages of these individuals, as they may be entitled to claim 
the standard deduction. See Pub. 15-T and Pub. 519 for more      Step 4. Optional
information.
                                                                 Step 4(a). If you want tax withheld for other income this year 
What are the special Form W-4                                    that won't have withholding and the income is taxable in the 
                                                                 United States, enter the amount of other income here. Do not 
instructions?
                                                                 include any income from any jobs or self-employment. See 
Nonresident aliens should pay particular attention to the        Pub. 519 for more information.
following lines when completing Form W-4.
                                                                 Step 4(b). Nonresident alien itemized deductions and 
Step 1(b): Personal Information. You are required to enter a     adjustments to income may be limited. See Pub. 519 for more 
social security number (SSN) on Step 1(b) of Form W-4. If you    information. If you expect to claim itemized deductions and/or 
do not have an SSN, contact the Social Security                  adjustments to income (such as the student loan interest 
Administration (SSA) to find out if you are eligible for one.    deduction), add your itemized deductions and adjustments to 
                                                                 income and enter the amount in Step 4(b).
You can visit any SSA office or call the SSA at 
800-772-1213. For the deaf or hard-of-hearing, call 
800-325-0778 (TTY/TTD number).                                   Step 4(c). Write “nonresident alien” or “NRA” in the space 
                                                                 below Step 4(c). If you would like to have an additional amount 
For more information, go to www.ssa.gov/ssnumber.                withheld, enter the amount in Step 4(c).

Note.  You cannot enter an individual taxpayer identification    Exempt from withholding.     Do not claim that you are exempt 
number (ITIN) in Step 1(b) of Form W-4.                          from withholding in the space below Step 4(c) of Form W-4 
                                                                 (even if you meet both of the conditions to claim exemption 
Step 1(c): Personal Information. Check the Single or             from withholding listed in the instructions to the Form W-4).
Married filing separately box regardless of your actual marital 
status.

IRS.gov                                                                                                   Catalog No. 54303E






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