Factors | Federal Income Tax Withholding & Reporting |
Source of grant: - U.S. source – Payer resides in the U.S and the educational activity was conducted in the U.S. (IRS Reg. Sec. 1.863-1(d)).
- Foreign source – Payer does not reside in the U.S. or educational activity was conducted outside the U.S.
| - U.S. source grant – Subject to withholding and reporting.
- Foreign source grant – Not subject to withholding and reporting.
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Degree candidate: - Student enrolled in an undergraduate or graduate degree program at a college or University, or
- Student not pursuing a degree but merely attending an accredited educational institution which offers a Bachelor’s or higher degree (IRS Reg. Sec. 1.117-6(c)(4)).
| - Qualified amounts – Payments for qualified expenses such as tuition and fees, course related books, supplies, equipment and other required course-related expenses, paid to a nonresident degree candidate are not taxable.
- Nonqualified amounts – Payments for nonqualified expenses such as room and board, travel and research expenses, paid to a nonresident degree candidate:
- Subject to 14% withholding if the recipient is an F, J, M or Q visa holder, unless a tax treaty exemption applies (see below).
- Subject to 30% withholding for all other visa holders (IRC Sec. 1441).
- Taxable amounts are reported on Form 1042-S.
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Non-degree candidate or post-doctoral fellow | - In general, unless a tax treaty exemption applies (see below), the full amount of the scholarship or fellowship is subject to 30% federal income tax withholding and is reported on Form 1042-S.
- The withholding rate is 14% if the recipient is an F, J, M or Q visa holder and the following conditions apply:
- The grant is for study, training or research in the U.S.
- The grant is made by a tax-exempt organization, a foreign government, a federal, state or local government agency, an international organization or a cultural or educational organization created or continued under the Fulbright-Hays Act.
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Tax treaty exemption applies | - A tax treaty may qualify the nonresident recipient for an income tax exemption or a reduced withholding rate.
- Complete record on GLACIER (see below) to determine tax residency, eligibility for tax treaty exemptions and applicable withholding rates.
- Taxable payments are reported on Form 1042-S.
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Tax treaty exemption does not apply | - Taxable payments are subject to 30% withholding and are reported on Form 1042-S.
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Compensation for services: - Any part of the scholarship or fellowship that is payment for teaching, research or other services, required as a condition of receiving the grant, or which enables the recipient to pursue studies or research primarily for the benefit of the grantor.
| - Unless the payment is exempt under a tax treaty, it is taxable as wages, subject to graduated withholding rates and reported on Form W-2.
- If the payment is exempt under a tax treaty, it is reported on Form 1042-S and also on Form W-2 for state tax purposes.
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