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taxmap/pubs/p515-000.htm#en_us_publink1000224748
Publication 515

Withholding 
of Tax on 
Nonresident 
Aliens and 
Foreign 
Entities 

rule

What's New(p2)


taxmap/pubs/p515-000.htm#en_us_publink1000269014
Changes to withholding rate table.(p2)
Table 1, Withholding Tax Rates on Income Other Than Personal Services Income, is revised. Columns have been deleted or renamed and footnotes have been added, deleted, or revised for clarity.
taxmap/pubs/p515-000.htm#en_us_publink1000259750
U.S. real property interest.(p2)
In most cases, the treatment of a regulated investment company (RIC) as a qualified investment entity (QIE) changes in 2012. The special rules that apply to distributions from a QIE attributable to the gain from the sale or exchange of a U.S. real property interest will continue to apply to certain distributions from a RIC that are directly or indirectly attributable to distributions received by the RIC from a real estate investment trust. See Qualified investment entities under U.S. Real Property Interest.
taxmap/pubs/p515-000.htm#en_us_publink1000259751
Interest-related dividends and short-term capital gain dividends received from mutual funds.(p2)
Beginning January 1, 2012, the exemption from withholding on certain interest-related dividends and short-term capital gain dividends paid by a mutual fund or other regulated investment company expires.
taxmap/pubs/p515-000.htm#en_us_publink1000259752
Portfolio interest.(p2)
The rules determining whether interest is considered portfolio interest change for obligations issued after March 18, 2012. Generally, interest paid on nonregistered (bearer) bonds will not be treated as portfolio interest. See Portfolio interest.
taxmap/pubs/p515-000.htm#en_us_publink1000263938
New codes for payments to artists or athletes.(p2)
Use Income Code 42 for payments to an artist or athlete who has not signed a central withholding agreement. Use Income Code 43 for payments to an artist or athlete who has signed a central withholding agreement.
taxmap/pubs/p515-000.htm#en_us_publink1000263939
More requests for extensions must be filed electronically.(p2)
Requests on Form 8809 for an extension of time to file Form 1042-S must be made electronically if the request is for more than one payer. See Extension to file Form 1042-S with the IRS.
taxmap/pubs/p515-000.htm#en_us_publink1000266027
Future developments.(p2)
The IRS has created a page on IRS.gov for information about Publication 515 at www.irs.gov/pub515. Information about any future developments affecting Publication 515 (such as legislation enacted after we release it) will be posted on that page.

Reminders(p2)


taxmap/pubs/p515-000.htm#en_us_publink1000259715
Exemption from requirement to withhold for certain payments to qualified securities lenders.(p2)
If you made U.S.-source substitute dividend payments to qualified securities lenders, and these payments are part of a chain of substitute dividend payments, you may be exempt from withholding tax on the payments. See Amounts paid to qualified securities lenders.
taxmap/pubs/p515-000.htm#en_us_publink1000259719
Electronic deposits.(p2)
You must make all deposits of taxes electronically.
taxmap/pubs/p515-000.htm#en_us_publink1000263940
Substitute forms.(p2)
Any substitute forms you use must comply with the requirements in Publication 1179, General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498, and Certain Other Information Returns. If they do not, the forms may be rejected as incorrect and the IRS may impose penalties. See Penalties.
taxmap/pubs/p515-000.htm#en_us_publink1000224758
Filing electronically.(p2)
If you file Form 1042-S electronically, you will use the Filing Information Returns Electronically (FIRE) system. You get to the system through the Internet at fire.irs.gov.
For files submitted on the FIRE system, it is the responsibility of the filer to verify the results of the transmission within 5 business days. The IRS will not mail error reports for files that are bad.
taxmap/pubs/p515-000.htm#en_us_publink1000224762
Qualified intermediaries.(p2)
A branch of a financial institution may not act as a qualified intermediary in a country that does not have approved know-your-customer rules. See Qualified intermediary under Foreign Intermediaries.
taxmap/pubs/p515-000.htm#en_us_publink1000224763
Photographs of missing children.(p2)
The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

taxmap/pubs/p515-000.htm#TXMP5b7c1d10Introduction

This publication is for withholding agents who pay income to foreign persons, including nonresident aliens, foreign corporations, foreign partnerships, foreign trusts, foreign estates, foreign governments, and international organizations. Specifically, it describes the persons responsible for withholding (withholding agents), the types of income subject to withholding, and the information return and tax return filing obligations of withholding agents. In addition to discussing the rules that apply generally to payments of U.S. source income to foreign persons, it also contains sections on the withholding that applies to the disposition of U.S. real property interests and the withholding by partnerships on income effectively connected with the active conduct of a U.S. trade or business.
taxmap/pubs/p515-000.htm#en_us_publink1000268179

Comments and suggestions.(p2)

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We welcome your comments about this publication and your suggestions for future editions.
You can write to us at the following address:

Internal Revenue Service
Individual Forms and Publications Branch
SE:W:CAR:MP:T:I
1111 Constitution Ave. NW, IR-6526
Washington, DC 20224


We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.
You can email us at taxforms@irs.gov. Please put "Publications Comment" on the subject line. You can also send us comments from www.irs.gov/formspubs/. Select "Comment on Tax Forms and Publications" under "Information About."
Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products.
taxmap/pubs/p515-000.htm#en_us_publink1000268180
Ordering forms and publications.(p2)
Visit www.irs.gov/formspubs/ to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received.

Internal Revenue Service
1201 N. Mitsubishi Motorway
Bloomington, IL 61705-6613


taxmap/pubs/p515-000.htm#en_us_publink1000268181
Tax questions.(p2)
If you have a tax question, check the information available on IRS.gov or call 1-800-829-1040. We cannot answer tax questions sent to either of the above addresses.

taxmap/pubs/p515-000.htm#TXMP3ab31da3

Useful items

You may want to see:


Publication
 15 (Circular E), Employer's Tax Guide
 15-A Employer's Supplemental Tax Guide
 15-B Employer's Tax Guide to Fringe Benefits
 51 (Circular A), Agricultural Employer's Tax Guide
 519 U.S. Tax Guide for Aliens
 901 U.S. Tax Treaties
Form (and Instructions)
 SS-4: Application for Employer Identification Number
 W-2: Wage and Tax Statement
 W-4: Employee's Withholding Allowance Certificate
 W-4P: Withholding Certificate for Pension or Annuity Payments
 W-7: Application for IRS Individual Taxpayer Identification Number
 W-8BEN: Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding
 W-8ECI: Certificate of Foreign Person's Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States
 W-8EXP: Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding
 W-8IMY: Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding
 941: Employer's QUARTERLY Federal Tax Return
 1042: Annual Withholding Tax Return for U.S. Source Income of Foreign Persons
 1042-S: Foreign Person's U.S. Source Income Subject to Withholding
 1042-T: Annual Summary and Transmittal of Forms 1042-S
See How To Get Tax Help at the end of this publication, for information about getting publications and forms.
taxmap/pubs/p515-000.htm#en_us_publink1000224767

Withholding of Tax(p3)

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In most cases, a foreign person is subject to U.S. tax on its U.S. source income. Most types of U.S. source income received by a foreign person are subject to U.S. tax of 30%. A reduced rate, including exemption, may apply if there is a tax treaty between the foreign person's country of residence and the United States. The tax is generally withheld (NRA withholding) from the payment made to the foreign person.
The term "NRA withholding" is used in this publication descriptively to refer to withholding required under sections 1441, 1442, and 1443 of the Internal Revenue Code. In most cases, NRA withholding describes the withholding regime that requires withholding on a payment of U.S. source income. Payments to foreign persons, including nonresident alien individuals, foreign entities, and governments, may be subject to NRA withholding.
EIC
NRA withholding does not include withholding under section 1445 of the Code (see U.S. Real Property Interest, later) or under section 1446 of the Code (see Partnership Withholding on Effectively Connected Income, later).
A withholding agent (defined next) is the person responsible for withholding on payments made to a foreign person. However, a withholding agent that can reliably associate the payment with documentation (discussed later) from a U.S. person is not required to withhold. In addition, a withholding agent may apply a reduced rate of withholding (including an exemption from withholding) if it can reliably associate the payment with documentation from a beneficial owner that is a foreign person entitled to a reduced rate of withholding.
taxmap/pubs/p515-000.htm#en_us_publink1000224769

Withholding Agent(p3)

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You are a withholding agent if you are a U.S. or foreign person that has control, receipt, custody, disposal, or payment of any item of income of a foreign person that is subject to withholding. A withholding agent may be an individual, corporation, partnership, trust, association, nominee (under section 1446 of the Code), or any other entity, including any foreign intermediary, foreign partnership, or U.S. branch of certain foreign banks and insurance companies. You may be a withholding agent even if there is no requirement to withhold from a payment or even if another person has withheld the required amount from the payment.
Although several persons may be withholding agents for a single payment, the full tax is required to be withheld only once. In most cases, the U.S. person who pays an amount subject to NRA withholding is the person responsible for withholding. However, other persons may be required to withhold. For example, a payment made by a flow-through entity or nonqualified intermediary that knows, or has reason to know, that the full amount of NRA withholding was not done by the person from which it receives a payment is required to do the appropriate withholding since it also falls within the definition of a withholding agent. In addition, withholding must be done by any qualified intermediary, withholding foreign partnership, or withholding foreign trust in accordance with the terms of its withholding agreement, discussed later.
taxmap/pubs/p515-000.htm#en_us_publink1000224770

Liability for tax.(p3)

rule
As a withholding agent, you are personally liable for any tax required to be withheld. This liability is independent of the tax liability of the foreign person to whom the payment is made. If you fail to withhold and the foreign payee fails to satisfy its U.S. tax liability, then both you and the foreign person are liable for tax, as well as interest and any applicable penalties.
The applicable tax will be collected only once. If the foreign person satisfies its U.S. tax liability, you are not liable for the tax but remain liable for any interest and penalties for failure to withhold.
taxmap/pubs/p515-000.htm#en_us_publink1000224771

Determination of amount to withhold.(p3)

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You must withhold on the gross amount subject to NRA withholding. You cannot reduce the gross amount by any deductions. However, see Scholarships and Fellowship Grants and Pay for Personal Services Performed, later, for when a deduction for a personal exemption may be allowed.
If the determination of the source of the income or the amount subject to tax depends on facts that are not known at the time of payment, you must withhold an amount sufficient to ensure that at least 30% of the amount subsequently determined to be subject to withholding is withheld. In no case, however, should you withhold more than 30% of the total amount paid. Or, you may make a reasonable estimate of the amount from U.S. sources and put a corresponding part of the amount due in escrow until the amount from U.S. sources can be determined, at which time withholding becomes due.
taxmap/pubs/p515-000.htm#en_us_publink1000224772

When to withhold.(p3)

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Withholding is required at the time you make a payment of an amount subject to withholding. A payment is made to a person if that person realizes income, whether or not there is an actual transfer of cash or other property. A payment is considered made to a person if it is paid for that person's benefit. For example, a payment made to a creditor of a person in satisfaction of that person's debt to the creditor is considered made to the person. A payment also is considered made to a person if it is made to that person's agent.
A U.S. partnership should withhold when any distributions that include amounts subject to withholding are made. However, if a foreign partner's distributive share of income subject to withholding is not actually distributed, the U.S. partnership must withhold on the foreign partner's distributive share of the income on the earlier of the date that a Schedule K-1 (Form 1065) is provided or mailed to the partner or the due date for furnishing that schedule. If the distributable amount consists of effectively connected income, see Partnership Withholding on Effectively Connected Income, later.
A U.S. trust is required to withhold on the amount includible in the gross income of a foreign beneficiary to the extent the trust's distributable net income consists of an amount subject to withholding. To the extent a U.S. trust is required to distribute an amount subject to withholding but does not actually distribute the amount, it must withhold on the foreign beneficiary's allocable share at the time the income is required to be reported on Form 1042-S.
taxmap/pubs/p515-000.htm#en_us_publink1000224773

Withholding and
Reporting Obligations(p3)

rule
You are required to report payments subject to NRA withholding on Form 1042-S and to file a tax return on Form 1042. (See Returns Required, later.) An exception from reporting may apply to individuals who are not required to withhold from a payment and who do not make the payment in the course of their trade or business.
taxmap/pubs/p515-000.htm#en_us_publink1000224774

Form 1099 reporting and backup withholding.(p3)

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You also may be responsible as a payer for reporting on Form 1099 payments made to a U.S. person. You must withhold 28% (backup withholding rate) from a reportable payment made to a U.S. person that is subject to Form 1099 reporting if any of the following apply. In most cases, a TIN must be provided by a U.S. non-exempt recipient on Form W-9, Request for Taxpayer Identification Number and Certification. A payer files a tax return on Form 945, Annual Return of Withheld Federal Income Tax, for backup withholding.
You may be required to file Form 1099 and, if appropriate, backup withhold, even if you do not make the payments directly to that U.S. person. For example, you are required to report income paid to a foreign intermediary or flow-through entity that collects for a U.S. person subject to Form 1099 reporting. See Identifying the Payee, later, for more information. Also see Section S. Special Rules for Reporting Payments Made Through Foreign Intermediaries and Foreign Flow-Through Entities on Form 1099 in the General Instructions for Certain Information Returns.
Deposit
Foreign persons who provide Form W-8BEN, Form W-8ECI, or Form W-8EXP (or applicable documentary evidence) are exempt from backup withholding and Form 1099 reporting.
taxmap/pubs/p515-000.htm#en_us_publink1000224776

Wages paid to employees.(p3)

rule
If you are the employer of a nonresident alien, you generally must withhold taxes at graduated rates. See Pay for Personal Services Performed, later.
taxmap/pubs/p515-000.htm#en_us_publink1000224777

Effectively connected income by partnerships.(p3)

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A withholding agent that is a partnership (whether U.S. or foreign) is also responsible for withholding on its income effectively connected with a U.S. trade or business that is allocable to foreign partners. See Partnership Withholding on Effectively Connected Income, later, for more information.
taxmap/pubs/p515-000.htm#en_us_publink1000224778

U.S. real property interest.(p4)

rule
A withholding agent also may be responsible for withholding if a foreign person transfers a U.S. real property interest to the agent, or if it is a corporation, partnership, trust, or estate that distributes a U.S. real property interest to a shareholder, partner, or beneficiary that is a foreign person. See U.S. Real Property Interest, later.