Federal Withholding Taxes and Tax Treaties

The University of Washington is a withholding agent for the Internal Revenue Service (IRS) and is required to withhold tax.
All employee wages are taxable unless specifically exempt from tax by a US law or a treaty. Scholarships/fellowships paid to a foreign national from a US source is taxable unless specifically exempt from tax by a US law or a treaty.

Tax Treaties

Foreign National Employee

  • Social Security number is required for wage reporting to the IRS
  • Social Security number or ITIN is required to claim tax treaty benefits. 
  • Reviews IRS Publications and makes an initial tax treaty eligibility assessment

Wage Payments to Employees

  • Eligible for wage tax treaty
    • Completes IRS Form 8233 and the tax treaty article.
    • IRS Forms 8233 must be renewed each calendar year 
    • Current list wage tax treaties available in IRS Publication 901, Carefully read chart for required criteria specified in tables and all footnotes.
  • Not eligible or not claiming wage tax treaty
    • Submits IRS Form W-4 Employee’s Withholding Allowance Certificate
    • Withholding will default to single and zero allowances if IRS Form W-4 is not submitted
    • Special rules apply to nonresident aliens for tax purposes filling out IRS Form W-4

Foreign National Scholarship/Fellowship Recipients

  • Eligible for Scholarship/Fellowship tax treaty
    • Completes IRS Form W-8BEN Beneficial Owner's Certificate of Foreign Status for U.S. Tax Withholding
    • IRS Form W-8BEN must be renewed each calendar year 
    • If receiving both wage and scholarship/fellowship payments then IRS Form 8233 can cover both tax treaties and IRS Form W-8EN is not needed.
    • Current list of Scholarship/Fellowship tax treaties available in IRS Publication 901. Carefully read chart for required criteria specified in tables and all footnotes
  • Not eligible or not claiming Scholarship/Fellowship tax treaty
    • Scholarship/Fellowship payments subject to 14% Federal withholding tax

 

The Payroll Office will review documents and make a determination of eligibility.

  • If Payroll determines that foreign national is eligible:
    • A refund will be made for any federal income tax previously withheld during the current calendar year, up to the tax treaty exemption dollar limit.
    • Federal income tax will not be taken out of future paychecks until the tax treaty exemption dollar limit is reached.
  • If Payroll determines that foreign national is not eligible:
    • Payroll takes no action and the foreign individual is not notified directly.
    • If the foreign national does not agree, the only recourse is to file a claim with the IRS on their personal tax return.
       

Failure to supply the required documentation may result in incorrect taxation

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