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NONRESIDENT ALIENS AND FICA WITHHOLDING

An NPC that hires nonresident aliens should be aware of special rules pertaining to withholding of FICA. Nonresident aliens living in the United States under one of three visa categories - Fl (student), JI (J1 exchange visitor), or MI (M1 vocational student) - are exempt from FICA withholding taxes when the services they perform are the reason they hold the visa. However, if they work in a job not related to their visa (a part-time job to earn additional money, for example) their earnings are usually subject to both FICA and FUTA.

A spouse or child who accompanies an F1, J1 or M1 visa holder is issued an F2, J2 or M2 visa and is covered for Social Security purposes. Such a spouse or child is subject to both FICA (including Medicare) and FUTA withholding.

For additional details about withholding taxes for nonresident aliens, consult IRS Publication 15, Circular E. Click here for IRS publication and forms.

 

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last updated: 01/31/08

 

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