Georgia Tech is required by the U.S. Internal Revenue Service (IRS) to withhold federal income tax from ALL payments made to (or on behalf of) a nonresident alien. Regulations also require that Georgia Tech report all such payments to the IRS. Therefore, Georgia Tech must review all data related to the immigration status and purpose of their stay of all payment recipients at Georgia Tech who are not U.S. citizens or lawful permanent residents. Determining tax residency and tax treaty eligibility is a complicated and difficult task which is why Global Human Resources at Georgia Tech uses tax compliance software called GLACIER.
Frequently Asked Questions
- Why Is My Tax Status Important?
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In order for Georgia Tech to comply with U.S. tax laws, it is necessary for Tech to determine your U.S. tax residency status. The IRS has developed a test of days present in the U.S. and rules as to which foreign nationals are subject to that test: Substantial Presence Test. Tech’s reporting requirements to the IRS are determined by the payee’s tax residency.
- What is the Difference between a Nonresident Alien and a Resident Alien?
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A nonresident alien for tax purposes is taxed only on her U.S. based income and has tax rates specific to nonresidents. A resident alien for tax purposes is subject to U.S. taxation on her worldwide income, i.e. you are taxed in the same manner as a U. S. citizen.
- How Long Will I Be a Nonresident Alien?
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F-1 and J-1 student visa status holders are generally nonresident aliens for tax purposes for five calendar years. J-1 nonstudent visa status holders have a more complicated test that looks at a period of two years out of six. J-1 nonstudents visa status holders often become resident aliens for tax purposes in their third calendar year in the U.S. Other nonimmigrant aliens will often become resident aliens for tax purposes in less than one year’s time. The U.S. tax system is based on a calendar year period (January 1 – December 31). In most cases, when your U.S. residency status for tax purposes changes, you will become a resident alien for tax purposes retroactive to the first day of the calendar year during which your status changed, i.e. 1 January.
- What If I Do Not Submit My Forms and Documents?
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If you do not complete the information in GLACIER and submit the required forms and documents, the maximum amount of tax will be withheld from all payments made to you.
- Can I Be Exempt From Tax Withholding?
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Approximately 63 countries have tax treaties with the United States and some of these treaties allow payments of one type or another to international students and/or scholars to be exempt from U.S. taxation. The tax compliance software, GLACIER will determine whether or not you qualify for a tax treaty exemption, and will provide you with the necessary information and forms to take advantage of your tax treaty benefits. Often, this paperwork must be renewed on an annual basis, so be sure to renew the paperwork at the appropriate time each year.
- How Will I Be Taxed as a Nonresident Alien (NRA) on Payments From U.S. Sources?
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As a Nonresident Alien for Tax Purposes without a tax treaty, U.S. tax law requires that you be taxed in the following manner:
- Employment
Awards for mandatory tuition and fees are not reportable and not taxable.
Awards for room and board and other expenses are reportable and have 14% withheld for taxes for F, J, Q, and M visa status holders and 30% for other visa status holders.
Employees are subject to an NRA graduated withholding table on your wages and required by tax code to file a form W-4 (Employee’s Withholding Allowance Certificate) as a single person with one allowance—regardless of your marital status.
- Scholarships/Fellowships
Awards for mandatory tuition and fees are not reportable and not taxable.
Awards for room and board and other expenses are reportable and have 14% withheld for taxes for F, J, Q, and M visa status holders and 30% for other visa status holders.
