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Forum: USA
Feb 21st 2013, 5:21 pm
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

Ah, well then the W-2 need to be corrected asap.
...
Forum: USA
Feb 21st 2013, 5:09 pm
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

I imagine the 1040NR will show all the W-2 information, but the 1116 show the PAYE tax paid and the OP will get a refund of the US tax withheld.
Forum: USA
Feb 12th 2013, 6:37 pm
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

HR should be the first place to go. They should be anxious to get this stuff right. As an NRA your situation is pretty simple; no US tax and no FICA. The W-8BEN will establish your NRA status and...
Forum: USA
Feb 11th 2013, 3:28 pm
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

The 30% withholding probably came about because the OP hasn't filed a US tax return even though he has a W-2.
Forum: USA
Feb 11th 2013, 3:26 pm
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

Exactly,

You need to remidy this asap. So get the W-8BEN filed with HR and start looking into getting refunds of all US tax withheld. You cann file a 1040NR showing zero tax liability and you...
Forum: USA
Feb 9th 2013, 2:05 pm
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

When you speak to HR mention the W-8BEN and that as a Non-Resident Alien working outside the US you have no liability to US tax, FICA or Medicare.
Forum: USA
Feb 8th 2013, 4:39 pm
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

This might be helpful. I believe that you can replace "contractor" in the text with "employee" id the employee is an NRA and does all the work outside the US.
...
Forum: USA
Feb 8th 2013, 4:05 pm
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

I was going on the fact that he has a house there and returns there regularly. Obviously the residency rules will have to be checked with Spain.


The W-8BEN will stop the 30% withholding he's...
Forum: USA
Feb 8th 2013, 12:45 pm
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

Your payroll department has the responsibility to get your tax withholding correct. If they aren't as worried about this as you then I'd look for another employer.

NRA employees working abroad...
Forum: USA
Feb 8th 2013, 11:50 am
Replies: 76
Views: 5,575
Posted By nun

Re: TAX ADVICE; Kinda complicated

As the OP is a NRA and is preforming all the work outside the USA no US tax or FICA should be withheld. It sounds as if he should be paying Spanish payroll and income taxes. Spain as a SS agreement...
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