Foreign Student Tax Withholding

    Foreign students who are receiving certain types of payments subject to taxation under federal law may also be subject to tax withholding on those scholarships.  

    Tax withholding is not required for qualified scholarships from U.S. sources paid to a candidate for a degree.  A qualified scholarship means any amount paid to an individual as a scholarship or fellowship grant to the extent that, in accordance with the conditions of the grant, the amount is to be used for the following expenses:
    1)  Tuition and fees required for enrollment or attendance at an educational organization.

2)  Fees, books, supplies, and equipment required for courses of instruction at the      educational organization.

Tax withholding is required on the portion of a scholarship or fellowship paid to a nonresident alien which does not constitute a qualified scholarship.  For example, those portions of a scholarship devoted to room and board are subject to withholding.  The withholding rate is 14% on taxable scholarship and fellowship grants paid to nonresident aliens temporarily present in the United States in "F," "J," "M," or "Q" nonimmigrant status.  Payments made to nonresident alien individuals in any other immigration status are subject to 30% withholding.

Tax Treaties may provide exemption from taxation and withholding.  To claim exemption from withholding on scholarships and fellowships, the alien student, trainee, or researcher must submit Form W-8BEN or Form 8233, and provide their Taxpayer Identification Number (TIN), before the treaty can be recognized. Form 8233 may also be used to document exemption from withholding on wages.

(PDF files--requires Adobe Acrobat Reader to view or print) 

Withholding of Tax on Nonresident Aliens and Foreign Entities Publication 515
U. S. Tax Guide for Aliens
Publication 519
U. S. Tax Treaties
Publication 901
Certificate of Foreign Status
of Beneficial Owner
for United States Tax Withholding
Exemption From Withholding on Compensation
for Independent (and Certain Dependent) Personal Services
 of a Nonresident Alien Individual
Application for a Taxpayer Identification Number (TIN)
Form W-7
U. S. Internal Revenue Service Forms and Publications Website
IRS Forms

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Last updated on January 13, 2006, 12:19 p.m.