A. Purpose
This Statement outlines the procedures and forms required to obtain honorarium payment for nonresident aliens.
B. General Guidelines/Applicable Policies
The University Payroll Office is responsible for the processing of honorarium payments to nonresident aliens who are international guests or visitors to the NCSU campus. Honorarium payments to resident aliens and U.S. citizens are the responsibility of the University Accounting Office.
The Office of International Programs (OIP) states that scholars (including visitors from Canada) invited by NCSU sponsors (for whom an honorarium payment is intended, even as a seminar speaker) must enter the U.S. on a J-1 visa.1. Visa Type and Employment Eligibility
The OIP issues the Immigration and Naturalizations Service Form (IAP-66) which is required to obtain a J-1 visa at a U.S. consulate in the country of origin. It is permissible, however, to make an honorarium payment to visitors (including visitors from Canada) who possess an H-1B visa.a. Visa Types Authorized to Receive Honorarium Payments
SPECIAL NOTE REGARDING CANADIAN VISITORS: Canadian visitors who enter the U.S. for business purposes (for whom an honorarium payment is intended) without an employment-valid visa (J-1 or H-1B), may be eligible for a special passport classification known as TC (Trade Canada) or TN (Trade NAFTA). The following is an excerpt from an immigration guide entitled "Immigration Handbook: Employment of Foreign Nationals" by the American Council on International Personnel, Inc.:
The University Payroll Office will require proof of the TC/TN classification in the form of a copy of the current immigration officer's stamp and written classification on the visitor's passport. Please note that visitors from Mexico are also eligible for the special passport classification of TN (Trade NAFTA).
Questions on how nonresident alien visitors, including those from Canada and Mexico, can obtain employment-valid visas, should be directed to Joyce Fahmy, Office of International Programs at 515-3201.
2. B1/B2: Visitor For Business. Reimbursement for travel expenses is authorized for payment through the University Accounting Office.
3. B2: Visitor For Pleasure. Reimbursement for travel expenses is not authorized for visitors with B-2 visas.
4. F1: Student
5. F2: Spouse of F1
6. H4: Spouse of H1B
7. J2: Spouse of J1
8. WV or WT: Visa Waiver with Specific Countries
Internal Revenue Service (IRS) regulations require that 30% of honorarium payments to nonresident aliens be withheld as Federal income tax, unless the recipient is a resident of a country with which the U. S. has an applicable tax treaty (See Honorarium Tax Treaty Country List at the end of this Statement).
Honorarium payments made to nonresident aliens claiming exemption from the 30% federal withholding tax (because of a tax treaty) are reported by the University to the IRS. The IRS, in turn, reports this income to the applicable country of residence so that income taxes may be collected by that country. A Foreign Person's U. S. Source Income Subject to Withholding (IRS Form 1042S) is sent to all nonresident alien honorarium recipients at the end of each calendar year (in lieu of Form W-2).
Nonresident aliens who desire further information regarding their obligations under the U.S. federal income tax laws should direct their questions to:
C. Procedures
Honorarium payments to nonresident aliens are processed on the University biweekly payroll. The following forms must be completed and submitted to the University Payroll Office by the Friday prior to the established biweekly payroll cutoff dates. Nonresident Aliens must have a valid United States social security number or must provide a receipt from the Social Security Administration than an application has been made. If the nonresident alien refuses to provide a number or refuses to apply for a number, a Form PYRL12 "Unknown Social Security Number Affidavit" must be submitted. See Section G, Statement 10B, Part C4 for more information.
b. JOB CODE - Enter "E" Temporary Contract Employee.
c. EARN CODE - Enter either one of the following two codes, depending on if the visitor is from a tax treaty country (see at the Honorarium Tax Treaty Country List at the end of this Statement):
e. I-9 DOC - Enter "H" Honorarium, No I-9 Doc Required.
f. VISA TYPE - Enter appropriate visa.
g. VISA EXPR - Enter the visa expiration date from the I-94 card in the visitor's passport.
h. RES CNTRY - Enter the two-digit country code (see PICS screen) of the visitor's country of residence.
i. U.S. ENTRY - Enter the visitor's last date of entry before beginning work at NCSU.
2) Hit
3) CNTR AMT - Enter the amount to be paid to the visitor.
4) FAS - Enter the six-digit account number to be charged.
5) OBJ - Enter "1410"
6) PROJ - Enter the five-digit project number, if applicable.
7) WA POS - Enter the work against number, if applicable.
8) Hit
9) Approve the PICS Temporary Appointment.
10) Hit
11) Hit
12) Hit
13) Enter and hit
b. Host - Enter name and phone number of NCSU host or sponsoring professor.
c. Visitor's Name - Enter the name of the nonresident alien visitor.
d. Social Security Number - Enter visitor's social security number. Nonresident aliens must have a valid United States social security number or must provide a receipt from the Social Security Administration that an application has been made. If the nonresident alien refuses to provide a number or refuses to apply for a number, a Form PYRL12 "Unknown Social Security Number Affidavit" must be submitted. A copy of the visitor's social security card, receipt of application, or the Form PYRL12 "Unknown Social Security Number Affidavit" must be attached.
e. Mailing Address - Enter the visitor's permanent foreign mailing address.
f. Country of Residence - Enter the visitor's country of residence.
g. Visa Type - Enter the visitor's visa type as recorded in the passport.
h. U.S. Entry Dates This Calendar Year - Enter the date on which the visitor entered the U.S. for the current visit. If the visitor has entered and subsequently left the U.S. previously this calendar year, give the dates of entry and exit.
i. Total of U.S. Earnings - Enter the total amount of U.S. earnings for the visitor during the current calendar year from all sources, excluding the current payment in process. Enter total U.S. earnings for all years, excluding the current payment in process.
j. Declaration - Nonresident alien visitor should sign and enter date of signature.
Complete this form only if visitor refuses to apply to the Social Security Administration for a social security number.
b. Department - Enter the employing department.
c. Department Head Name - Enter the name of the department head.
d. Department Head Signature - Required signature of department head.
e. Employee Name - Enter name of the nonresident alien.
f. Employee Address - Enter the permanent foreign address of the nonresident alien.
Attach a copy of the visitor's current visa and INS I-94 card, showing visa type.
6. Income Tax Withholding Form
Check the list of countries with which the U.S. has tax treaties covering honorarium payments located at the end of this Statement.
If the visitor is (1) not eligible for the withholding exemption; (2) he does not wish to claim the exemption; (3) he has exceeded either the "Maximum Presence in U.S. During Tax Year" or the "Maximum Compensation Exempt from Taxation," the visitor will be subject to a 30% federal tax withholding rate. No tax forms need to be completed.
The impact of the federal income tax withholding on honorarium payments is significant. Representative case examples are shown at the end of this Statement for your information and guidance. It may be necessary to increase the gross honorarium amount to compensate for the high withholding amount.
b. Employees From Tax Treaty Countries - Form 8233
If the visitor is eligible for exemption from withholding (his country of residence is on the Country List and the "Maximum Stay in the U.S." or the "Maximum Compensation Exempt from Taxation" has not been exceeded) and he wishes to claim the exemption, the visitor must complete Form 8233, Exemption from Withholding on Compensation for Independent Personal Services of a Nonresident Alien, in accordance with the following instructions:
2. Name - Enter visitor's name.
3. Address - Enter the visitor's temporary address while living in the United States.
4. Social Security Number - Enter visitor's social security number. Nonresident aliens must have a valid United States social security number or must provide a receipt from the Social Security Administration that an application has been made. If the nonresident alien refuses to provide a number or refuses to apply for a number, an "Unknown Social Security Number Affidavit" must be submitted. No exemption from income tax withholding authorized by a tax treaty will be allowed for nonresident aliens who refuse to supply a social security number. The honorarium payment will be taxed at 30%.
5. Visa Number - Enter the visitor's visa number appearing at the top of the U.S. visa stamp in the passport.
6. Country Issuing Passport - Enter the name of the country issuing the passport.
7. Passport Number - Enter the passport number appearing at the front of the visitor's passport.
8. Permanent Foreign Address - Enter the visitor's permanent foreign address in the country of legal residence.
9. Job Description - Describe briefly the services for which the visitor is being compensated, e.g. Seminar on Tropical Soils.
10. Amount of Earnings this Calendar Year - Enter the total anticipated NCSU earnings for the year. This is the amount which will be exempt from federal and North Carolina tax for the calendar year.
11. Tax Treaty Provision - Enter the name of the country of legal residence and the Tax Treaty Article that is applicable (See at Honorarium Tax Treaty Country List at the end of this Statement). Example: Italy, 14.
12. Country of Residence - Enter visitor's country of legal residence.
13. Visitor Signature - Visitor should sign and record date of signature.
14. Certification - Enter the name of the NCSU host professor or the departmental payroll contact, their campus address and office telephone number. Signature also required.
Applicable departments should keep on hand a supply of blank copies of the Form PYRL01, Form PYRL12, and Form 8233. For a blank of any of these forms, come by University Payroll, Administrative Services Center, Room 222 or email Wendy Griffin.
COUNTRY MAXIMUM MAXIMUM TAX OF PRESENCE AMOUNT TREATY RESIDENCE IN U.S. EXEMPT ARTICLE (YEARS) (PER YEAR)Australia 183 Days No Limit 14 Austria 183 Days $ 3,000 X Barbados 89 Days $ 5,000 14 Belgium 182 Days No Limit 14(2)(a)(b) Canada No Limit No Limit XIV PR China 183 Days No Limit 13 C.I.S. ** 183 Days No Limit VI(2) Cyprus 182 Days No Limit 17 Czech Republic 183 Days No Limit 14 Denmark 90 Days $ 3,000 XI Egypt 89 Days No Limit 15 Finland No Limit No Limit 14 France 183 Days No Limit 14 Germany No Limit No Limit 14 Greece 183 Days $10,000 X Hungary 183 Days No Limit 13 Iceland 182 Days No Limit 18 India 89 Days No Limit 15 Indonesia 119 Days No Limit 15 Israel 183 Days No Limit 16 Italy 183 Days No Limit 14 Jamaica 89 Days $ 5,000 14 Japan 183 Days No Limit 17 Korea, Rep. of (South) 182 Days $ 3,000 18 Luxembourg 180 Days $ 3,000 XII Malta 90 Days $10,000 14 Morocco 182 Days $ 5,000 14 Netherlands 183 Days No Limit XVI New Zealand 183 Days No Limit 14 Norway 182 Days No Limit 13 Philippines 89 Days $10,000 15 Poland 182 Days No Limit 15 Portugal 183 Days No Limit 15 Romania 182 Days No Limit 14 Russia 183 Days No Limit 13 Slovak Republic 183 Days No Limit 14 Spain No Limit No Limit 15 Sweden 90 Days $ 3,000 XI(b)(2) Switzerland 183 Days $10,000 X Trinidad & Tobago 183 Days $ 3,000 17 Tunisia 183 Days $ 7,500 14 United Kingdom 183 Days No Limit 14
** C.I.S. - Commonwealth of Independent States include Armenia, Azerbaijan, Belarus, Georgia, *Kazakhstan, *Kyrgz Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan.
NORTH CAROLINA STATE UNIVERSITY HONORARIUM PAYMENTS TO NONRESIDENT ALIENS EFFECT OF INCOME TAX WITHHOLDING EXAMPLE 1 The visitor is a resident of Brazil, a country with no relevant United States tax treaty. GROSS AMOUNT PAID $500.00 LESS 30% TAX 150.00 NET AMOUNT $350.00
EXAMPLE 2 The visitor is a resident of Sweden, a country with a relevant United States tax treaty. The visitor has been in the country less than 183 days. GROSS AMOUNT PAID $725.00 NET AMOUNT $725.00
EXAMPLE 3 The visitor is a resident of Sweden. He has been in the U.S. for 80 days and has already earned $2,800 this tax year. The honorarium payment gross amount is $500. The first $200 of the honorarium payment is exempt from tax withholding based on the tax treaty. The remaining $300 is subject to withholding because it will make his earnings exceed the $3000 per year exemption limit specified in the tax treaty. He is subject to income tax at the 30% rate on the remaining $300. TREATY LIMIT $3000.00 CUMULATIVE AMOUNT RECEIVED 2800.00 TAX EXEMPT GROSS 200.00 GROSS AMOUNT PAID $500.00 LESS TAX EXEMPT GROSS 200.00 TAXABLE GROSS 300.00 FEDERAL 30% TAX 90.00 GROSS AMOUNT PAID $ 500.00 LESS 30% TAX 90.00 NET AMOUNT $ 410.00
EXAMPLE 4 The visitor is a resident of Australia, a country with a relevant United States tax treaty. The visitor has been in the U.S. for 210 days, which is in excess of the maximum presence in the U.S. allowed under the tax treaty for exemption from withholding. GROSS AMOUNT PAID $375.00 LESS 30% TAX 112.50 NET AMOUNT $262.50
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