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Taxes and Withholdings

Financial assistance and honoraria received by individuals who are not US citizens and who do not pay income taxes in the US may be subject to US tax withholding. This is determined by many factors including the type of visa on which the individual enters the US. Amounts of tax withholding range from zero to 30%. However, there are some tax treaties that exist between the US and other countries that exempt individuals from tax withholding. To qualify for tax treaties, MBL must collect information and tax forms to determine if withholding is necessary and handled appropriately. This information is gathered through the on-line Foreign National Information System (FNIS).

Access to FNIS can be obtained by sending an access request to FNIS-TaxNav@mbl.edu.

Further Information
Applying for a U.S. Social Security Number or Taxpayer Identification Number
Visas, Employment Restrictions, and Payments
FNIS (Foreign National Information System) Directions for Log-in
 – Username/Password Required

U.S. Tax Information for Foreign Nationals

The Internal Revenue Service (IRS), the U.S. government tax authority, has issued strict regulations regarding the taxation and reporting of payments made to non-United States citizens. As a result, the Marine Biological Laboratory (MBL) may be required to withhold U.S. income tax and file reports with the IRS in connection to payments made by MBL to individuals who are not U.S. citizens or permanent resident aliens (green card holders) and who receive financial aid, scholarships, fellowships, awards, travel reimbursements or compensation for services performed.

The MBL must determine whether you will be treated as a “resident alien” or a “nonresident alien” for U.S. tax purposes. The substantial presence test is used to calculate the number of days that an individual is present in the U.S. and determine whether the individual is a nonresident alien or resident alien for purposes of calculating U.S. tax withholding. MBL is generally required to withhold taxes from all payments made to nonresident aliens.

In order for MBL to make this determination, you must submit information through the Foreign National Information System (FNIS). This automated system determines the necessary tax forms and withholding for your stay at the MBL. Also the MBL is required by law to report to the IRS all payments made to a nonresident alien that are subject to U.S. tax.

Taxable items include, but are not limited to, the following:

• Room and Board
• Fellowship Stipend (which does not require a service to be performed)
• Living Allowance
• Cash Award
• Travel Payment/Reimbursement
• Compensation (including a fellowship stipend that does require a service to be performed)

Nontaxable items consist of the following:

• Tuition
• Books
• Fees
• Supplies
• Equipment

The U.S. maintains income tax treaties with over 50 countries, and certain taxable payments made by MBL to you may be exempt from U.S. tax based on an income tax treaty entered into between the U.S. and your country of residence. The existence of a tax treaty does not automatically ensure an exemption from taxation; rather you must satisfy the requirements for the exemption set forth in the tax treaty. A taxpayer identification number is required before tax treaties can be honored. In order to be considered for a tax treaty exemption, you must complete FNIS. If an exemption exists, you will be asked to complete and sign Form 8233.

U.S. Tax Information for Nonresident Aliens (NRAs)

Tax Withholding on Scholarships, Fellowships and Stipends

If you receive a scholarship or fellowship, the amount will not be paid directly to you but will be credited to your personal account at MBL. Any tax withheld will be deducted directly from your personal account. Foreign National Students receiving a qualified scholarship do not need and ITIN.  There will not be any taxes withheld from your award, therefore no tax reporting.

����14 percent withholding tax will be deducted from scholarship, fellowship, and stipend payments made to individuals present in the U.S. under an F-1, J-1, M-1, or Q visa who are from countries that do not maintain an income tax treaty with the U.S., or whose payment does not qualify for exemption under an income tax treaty. A 30 percent withholding tax will be deducted if the individual is present in the U.S. under any visa not stated above.

Tax Withholding on Honorarium and Other Forms of Compensation

����30 percent withholding tax will be deducted from compensation payments made to individuals present in the U.S. under any type of visa who are from countries that do not maintain an income tax treaty with the U.S., or whose payment does not qualify for exemption under an income tax treaty. A taxpayer identification number is required before tax treaties can be honored.

Tax Withholding on Employee Paychecks

U.S. tax is withheld on this type of payment at a specific graduated tax withholding rate.
A Social Security number is available to all work-authorized nonresidents as permitted by their visa and the receipt for an application for a Social Security number must be provided at the time of employment.

A Special Note to B-1 and Visa Waiver – Business (WB)

To pay an academic Honorarium to an individual present on a B-1or WB visa the following criteria must be met:

1. The academic activity and stay at the MBL can last no longer than 9 days;
2. The individual has not accepted an Honorarium or reimbursement of expenses from more than five (5) institutions or organizations in the previous six (6) months;
3. The individual has signed a statement attesting to having met the criteria listed above.

To reimburse expenses to an individual present on a B-1 or WB visa the following criteria must be met:

1. The academic activity and stay at the MBL can last no longer than 9 days;
2. A business purpose for the visit must be established;
3. The visitor must substantiate the expenses claimed to MBL within 30 days.
4. The visitor must return any amounts to MBL that is over and above the substantiated business expenses within a reasonable amount of time.

NOTE: Individuals on a B-1 / Visa Waiver Tourist will be unable to receive any payment from the MBL.

If you are already in the United States at another institution you will, in most cases, need prior approval from the International Office at the other institution to receive compensation for services from MBL. Please contact the International Office at your home institution or the MBL’s Immigration Office at immigration@mbl.edu, for more information.