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Many campus departments invite foreign nationals to campus to lecture, perform or provide services and agree to make some type of payment to these visitors. The visitor's visa status determines whether the university is legally able to pay such visitors, however, and this should be determined before the visitor comes to campus. General guidelines for visa types most common in higher education are listed below.

Alien registration or green card. Payment is allowed.
B-1, B-2 Honoraria payment is allowed if the visitor does not stay at SLU more than 9 days and attests that he/she has not received more that 5 honoraria payments in the last 6 months. Payment for services is not allowed.
F-1 Payment is only allowed if SLU is the sponsor of the visa.
H-1 Payment is only allowed if SLU is the sponsor of the visa.
J-1 Honoraria payment is only allowed if SLU is the sponsor of the visa or the institution that sponsored the J-1 provides a letter of authorization. Payment for services is not allowed.
TN (Canada, Mexico) Payment is only allowed if SLU is the sponsor of the TN.

Departments wishing to bring visitors to campus who do not currently have a visa status should contact Colleen Manley in Human Resources for assistance.

Tax Reporting and Withholding on Payments to Foreign Nationals

The Business Office will reimburse the travel expenses for visitors if the sponsoring department authorizes the payment and provides original receipts. The IRS requires that non-resident aliens submit a completed w-8Ben form before payment for services or honoraria may be issued, however. Nonresident aliens are foreign nationals that do not have a green card and do not meet a substantial presence test regarding their length of stay in the U.S. Most foreign nationals visiting SLU are considered to meet the IRS definition of nonresident alien. For additional information, please contact Carol Gable in the Business Office.

The W-8Ben form requires a social security number or taxpayer identification number (TIN). Many nonresident aliens do not have a social security number and are not eligible to obtain one. These individuals should have an individual taxpayer identification number (ITIN). If the nonresident alien does not yet have an ITIN, he or she must apply for one by submitting a completed W-7 form to the IRS or an acceptance agent with proof of citizenship. St. Lawrence University has been certified by the IRS as an acceptance agent and is authorized to accept completed W-7 forms and proof of citizenship on behalf of the IRS. Please contact Carol Gable or Rick Parks for additional information and assistance in applying for a ITIN.

The IRS also requires the university to withhold taxes of 30% on payments for services or honoraria to nonresident aliens. The U.S. has tax treaties with over 50 countries, however, and many of the treaties exempt the 30% withholding tax. The nonresident alien must claim treaty benefits by submitting a completed Form 8233 to the Business Office before payment is made. Many treaties also require the nonresident alien to attach an additional letter to the Form 8233. Once the Business Office certifies that the form is satisfactorily completed, it is forwarded to the IRS for approval. The Business Office will assist visitors in applying for treaty benefits, but will require the following information in order to do so.

Individual's name and U.S. address
Social security number or TIN
U.S. visa type and number
Country and passport number
Permanent foreign address
Description of services
Compensation
Number of days the individual will perform services in the U.S. during calendar year

For assistance and additional information, please contact Rick Parks in the Business Office.

 

 
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