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March 1, 2011

IRS Announces Revision To Withholding on Nonresident Alien Employees

IRS Announces Revision To Withholding on Nonresident Alien Employees
IRS Announces Revision To Withholding on Nonresident Alien Employees
In Notice 2011-12, Withholding on Wages of Nonresident Alien Employees Performing Services Within the United States the Internal Revenue Service (IRS) announced that Notice 2009-91 will not apply to wages paid after December 31, 2010.

Notice 2009-91 Modified Withholding Procedures for 2010

In Notice 2009-91, Withholding on Wages of Nonresident Alien Employees Performing Services Within the United States, the IRS modified the procedures for calculating the amount of federal income tax to be withheld from wages paid to nonresident aliens starting on January 1, 2010. Since nonresident aliens were not eligible for the Making Work Pay Tax Credit, the withholding procedures were modified to reflect this difference.

Making Work Pay Credit Unavailable in 2011

Since the “Making Work Pay Credit does not apply to taxable years beginning after December 31, 2010…the withholding tables for wages paid on or after January 1, 2011 will not reflect the Making Work Pay Credit, and Notice 2009-91 will not apply in determining the withholding on nonresident aliens.”

Withholding Rules for Nonresident Aliens for 2011

According to the IRS:

For wages paid on or after January 1, 2011, employers must determine the amount of income tax to withhold from wages paid to nonresident alien employees for services performed within the United States, using the procedure explained in Notice 2005-76, 2005-2 C.B. 947, together with the tables in the revisions of Publication 15 (Circular E), Employer’s Tax Guide, and Notice 1036 that are in effect when the wages are paid. This procedure is explained in Publication 15 and Notice 1036.

Contact Vision Payroll for Further Information

Contact Vision Payroll if you have any questions on Notice 2011-12.

November 24, 2009

IRS Changes Nonresident Alien Withholding Procedures in Notice 2009-91

In Notice 2009-91, Withholding on Wages of Nonresident Alien Employees Performing Services Within the United States, the Internal Revenue Service (IRS) modified the procedures for calculating the amount of federal income tax to be withheld from wages paid to nonresident aliens starting on January 1, 2010. Since nonresident aliens are not eligible for the Making Work Pay Tax Credit, the withholding procedures must be modified to reflect this difference. According to Notice 2009-91:

First, employers need to add an amount to wages before determining withholding under the wage bracket or percentage method in order to offset the standard deduction built into the withholding tables. Second, employers need to determine an additional amount of withholding from a separate table applicable only to nonresident alien employees to offset the effect of the Making Work Pay Tax Credit built into the withholding tables. The specific steps to be followed for each of these two modifications will be set forth in Publication 15 and other IRS forms or publications.

Contact Vision Payroll if you have any questions on Notice 2009-91.

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