University of Washington Policy Directory

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*Formerly part of the University Handbook
Administrative Policy Statement
32.4.3



Guide for Payments to Nonresident Aliens

(Approved by the Executive Vice President by authority of Executive Order No. 5)



3.  Procedures for Processing Requests for Payments to Nonresident Aliens Who are Visiting for the Purpose of Training or Information Exchange and Perform No Personal Services

  a. Reimbursement of Travel Expenses

    1) Nonresident Alien Eligibility—The department determines that an individual is a nonresident alien for tax purposes, is eligible for this type of compensation by comparing the individual's nonimmigrant visa classification with the table in Section 1.a, and is not performing personal services which should be compensated under the independent contractor provisions in Section 2.

    2) Authorizing Reimbursement of Travel Expenses—The department submits a purchase requisition to initiate authorization to reimburse travel expenses to a visiting nonresident alien (Object Code 04–51). Include a note in the "Comments" field of the purchase requisition stating that the reimbursement is being made to a nonresident alien who will not be paid compensation for the performance of personal services. Reimbursement of travel expenses is under an accountable plan and will not be considered income to the recipient.

    3) Reimbursing Travel Expenses—The department prepares a TEV upon completion of the travel for which the nonresident alien is being reimbursed and submits it to the Travel Office, Box 351117. Reimbursement will be made for actual expenses incurred.

    4) Releasing the Payment—Upon the nonresident alien's arrival at the University, the sponsoring department assists the individual in completing the Nonresident Alien Payment Data Sheet form. The completed form, together with the required attachments, must be submitted to the Travel Office with the TEV, or to the Accounts Payable Office, Attn: NRA Desk, Box 351130, before payment will be released.

  b. Living Allowances for the Individual

    1) Nonresident Alien Eligibility—The department determines that an individual is a nonresident alien for tax purposes, is eligible for this type of compensation by comparing the individual's nonimmigrant visa classification with the table in Section 1.a, and is not performing personal services which should be compensated under the independent contractor provisions in Section 2.

    2) Initiating Payment of Living Allowances—The department submits a purchase requisition to initiate payment of living allowances to a nonresident alien visitor. The item description should indicate payment of living allowances for a specific time period (Object Code 02–90). Include a note in the "Comments" field of the purchase requisition stating that the living allowances are being paid to a nonresident alien who will not be paid compensation for the performance of personal services. If the individual is also to be reimbursed for travel expenses, additional items should be entered (Object Code 04–51) as necessary to cover the various expenses to be reimbursed (e.g., airfare, taxis, rental car, etc.).

    3) Submitting the Invoices—The department prepares an Invoice Voucher/Receiving Report form at the beginning of the performance period to cover living allowances for the first 30 days, and submits the completed form to the Travel Office, Box 351117. If required by the rental agreement, the first monthly payment may include the rent amount for the first and last month, plus a damage deposit. Another Invoice Voucher/Receiving Report form to pay living allowances must be submitted to the Travel Office at the beginning of each subsequent 30-day period. The total allowance paid may not exceed the maximum per diem entitlement (lodging plus meals) had the individual stayed in and obtained meals from commercial facilities for the same period of time.

      a) With a Substantiating Document—A statement or invoice from the landlord or lessor delineating the amount of rent due (including damage deposit, if applicable) is required to be submitted as a substantiating document to the Invoice Voucher/Receiving Report form. When supported by a statement or invoice from the landlord or lessor, payment of living allowances will be considered pursuant to an accountable plan and will not be considered income to the recipient.

      b) Without a Substantiating Document—If a statement or invoice is not submitted as a substantiating document, the amount of living allowance will not qualify for exemption under an accountable plan for travel or living expenses and will be subject to tax withholding at the 30% rate.

Note: If the nonresident alien is claiming exemption from taxes under provision of a tax treaty, the Exemption from Withholding on Compensation for Independent Personal Services of a Nonresident Alien Individual, IRS form 8233, is not effective (by law) until ten days after submission of the form to the IRS. Therefore, the first payment that may be exempted from withholding must be made a minimum of 15 days after the date this IRS form is received by the Travel Office. If this form is not submitted to the Travel Office, or cannot be filed within the required time frame with the IRS, withholding from the payment will be imposed at the 30% withholding rate.

    4) Reimbursing Travel Expenses Other Than Living Allowances—The department prepares a TEV upon completion of the travel for which the nonresident alien is being reimbursed and submits it to the Travel Office, Box 351117. Reimbursement will be made for actual expenses incurred, excluding any amounts claimed for lodging or meals while in the Seattle area. Reimbursement of travel expenses is under an accountable plan and will not be considered income to the recipient.

Note: It is the responsibility of the department to ensure that the individual is not claiming reimbursement for personal expenses, or lodging or meal expenses on the TEV.

    5) Releasing the Initial Payment—Upon the nonresident alien's arrival at the University, the sponsoring department assists the individual in completing the Nonresident Alien Payment Data Sheet form. The completed form, together with the required attachments, must be submitted to the Travel Office, Box 351117, with the Invoice Voucher/Receiving Report form, before initial payment of living allowances will be released.

  c. Contracting for Lodging on Behalf of the Individual

    1) Nonresident Alien Eligibility—The department determines that an individual is a nonresident alien for tax purposes, will be visiting for a period of 30 days or more, is eligible for this type of compensation by comparing the individual's nonimmigrant visa classification with the table in Section 1.a, and is not performing personal services which should be compensated under the independent contractor provisions in Section 2.

    2) Visits of 30–90 Days—

      a) Initiating a Lease for Lodging—The department submits a purchase requisition to initiate a lease of lodging on behalf of the nonresident alien (Object Code 03–80) as soon as an invitation to visit has been accepted by the nonresident alien. Include a note in the "Comments" field of the purchase requisition stating that the lodging facilities are being leased on behalf of a nonresident alien (identified by name) who will not be paid compensation for the performance of personal services. If the individual is also to be reimbursed for other travel expenses, the department must submit a separate purchase requisition as outlined in Section 3.a.

      b) Releasing the Initial Payment—Upon the nonresident alien's arrival at the University, the sponsoring department assists the individual in completing the Nonresident Alien Payment Data Sheet form. The completed form, together with the required attachments, must be submitted to the Accounts Payable Office, Attn: NRA Desk, Box 351130, before the initial rent payment will be released to a third party.

      c) Payment of Rent and Deposits—The landlord or lessor submits an invoice, citing the appropriately numbered Purchase Order form for rent and deposits included in the lodging lease agreement to the Accounts Payable Office, Attn: NRA Desk, Box 351130. Payment of rent to a third party on behalf of the nonresident alien will be considered reimbursement of travel expenses pursuant to an accountable plan and will not be considered as income to the nonresident alien.

      d) Reimbursing Travel Expenses Other Than Amounts Paid to a Third Party—The department prepares a TEV upon completion of the travel for which the nonresident alien is being reimbursed and submits it to the Travel Office, Box 351117. Reimbursement will be made for actual expenses incurred, excluding any amounts claimed for lodging while in the Seattle area. Reimbursement of travel expenses is under an accountable plan and will not be considered income to the recipient.

Note: It is the responsibility of the department to ensure that the individual is not claiming reimbursement for personal expenses or lodging expenses on the TEV.

    3) Visits in Excess of 90 Days—

      a) Initiating a Lease for Lodging Through the Real Estate Office—The department submits a written request (approved by the appropriate dean or vice president), for leasing lodging on behalf of the nonresident alien to the University's Real Estate Office as soon as an invitation to visit has been accepted by the nonresident alien. The request should specify the specific property desired (if known), the period the lease is to cover, necessary information to identify the individual for whom the lease is requested, and a statement that the nonresident alien will not be paid compensation for the performance of personal services.

      b) Reimbursing Travel Expenses—If the individual is also to be reimbursed for other travel expenses, the department must submit a purchase requisition as outlined in Section 3.a.

      c) Releasing the Initial Payment—Upon the nonresident alien's arrival at the University, the sponsoring department assists the individual in completing the Nonresident Alien Payment Data Sheet form. The completed form, together with the required attachments, must be submitted to the Accounts Payable Office, Attn: NRA Desk, Box 351130, before the initial rent payment will be released to a third party.

      d) Payment of Rent and Deposits—The Real Estate Office submits a Check Request form for rent (and damage deposit, if applicable) included in the lodging lease agreement to the Accounting Operations Office, Box 351120. Payment of rent to a third party on behalf of a nonresident alien will be considered reimbursement of travel expenses pursuant to an accountable plan and will not be considered as income to the nonresident alien.

      e) Reimbursing Travel Expenses Other Than Amounts Paid to a Third Party—The department prepares a TEV upon completion of the travel for which the nonresident alien is being reimbursed and submits it to the Travel Office, Box 351117. Reimbursement will be made for actual expenses incurred, excluding any amounts claimed for lodging while in the Seattle area. Reimbursement of travel expenses is under an accountable plan and will not be considered income to the recipient.

Note:
It is the responsibility of the department to ensure that the individual is not claiming reimbursement for personal expenses or lodging expenses on the TEV.