Nonresident Taxation - A Visa

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A-1/A-2 aliens are employees of foreign governments . They are authorized to work for their sponsoring government only. For example, if an A-1 individual engages in an activity, it is only to carry out his/her government’s diplomatic mission under the direction of his/her government. Without permission from the State Department’s Protocol Division and USCIS, they are not allowed to receive any compensation for non-diplomatic services.

When A individuals are authorized as mentioned above, following documents are required before making any payments:

  • FNIS data sheet - completed, signed, and dated (FNIS);
  • Valid passport - including but not limited to the front bio page and the page with corresponding U.S. entry stamp;
  • Visa stamp;
  • I-94 - both front and back;
  • Written permission from the State Department’s Protocol Division and USCIS; and
  • Guest Speaker Form or Independent Contractor Agreement Form (WEB)– completed, signed, and dated with W-8BEN attached.

A remuneration paid to or on behalf of an NRA is subject to a 30 percent withholding tax on the gross amount and will be reported on Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding. NRA’s in A status may need to obtain a SSN or an ITIN in order to take advantage of any available treaty benefits, unless they already have a SSN or an ITIN issued.

 

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