• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Heyer Inc | Accounting and Tax Blog

Heyer Inc | Accounting and Tax Blog

  • Home
  • About
  • Contact Us

Refunds of Withheld Taxes For Non Resident Aliens

March 12, 2018 by heyer-blog

If you’re a non-resident alien living in the states today – or NRA – you will likely face significant issues when trying to obtain refunds of withheld IRS taxes that are rightfully yours. A recent IRS freeze on credits that were claimed on Form 104NR(or the Non- Resident Alien Income Tax Return), which did not match the data filed on forms 1042 by tax withholding agents, is responsible for creating many of these issues, and the Taxpayer Advocate have been challenging this move.

Who are ‘The Taxpayer Advocate’?

The TAS is an independent organisation that has been formed within the IRS, and their role is to help make sure that tax payers receive fair and just treatment, and that they are fully aware of, and understand, their rights as tax payers. They can help you to resolve any issues that you might have with your taxes and recommend changes that the IRS can implement to prevent future issues from occurring.

General information about non-resident aliens and their taxes:

NRA’s are taxed in a different way to other citizens and tax residents of the U.S., and those persons of foreign origin of whom the IRS considers to being earning an income that is “effectively connected” with a U.S. business or trade – often referred to as ECI, or effectively connected income – are subjected to taxes at a graduated rate on a net basis, unlike U.S. tax payers.

NRA’s are also often taxed on U.S source ‘FDAP’, or fixed, determinable, annual or periodic) income, which can encompass such things as rent, interest, royalties and dividends. Any income derived from this is taxed on a gross basis at a rate of 30% by way of withholding at source by the U.S. payer, who takes sole responsibility as the withholding agent to collect, deposit and report the tax to the IRS. Hefty penalties can easily be incurred when this process is not strictly adhered to and will apply to both the U.S. and foreign person.

How to claim credit for over withholding as an NRA:

It is often possible to reduce the 30% withholding tax rate mentioned previously on FDAP income, such as if the NRA resides in a country that has a current tax treaty with the U.S. Portfolio income on some U.S. registered bonds and bank accounts may also be considered as an exception from withholding.

For NRA’s to be able to benefit from a lower withholding tax rate, they must give the withholding agent sufficient documentation to provide justification for the lower rate, such as that which is given on a Form W-8BEN. If this is not given or received in time by the withholding agent, then they will have no choice but to withhold at the standard 30% rate. However, NRA’s do have the possibility of claiming a credit for the over withheld tax when they file the Form 104NR, which is the Non-Resident Alien Income Tax Return, for the year that the FDAP income was earned and received. In some circumstances, this can lead to a refund for the NRA, provided the form was filed correctly and in a timely manner.

If you’re a non-resident alien and are confused about the entire tax withholding process, or just need general advice about paying your taxes, don’t try to second guess things, always seek professional help to ensure that you get the most accurate and up to date information and guidance. This will also help you to avoid costly penalties should you not follow the correct process.

Filed Under: Uncategorized

Primary Sidebar

Recent Posts

  • How Small Businesses Can Get Ahead With Proactive Tax Planning
  • Is It Time You Handed Your Bookkeeping & Accounting Over To The Professionals?
  • Mastering Business Budget Forecasting: A Key to Smarter Financial Planning
  • 6 Simple But Powerful Strategies For A Thriving Small Business
  • Knowing When To Hire An Accountant For Your Small Business: A Checklist

Recent Comments

No comments to show.

Archives

  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • October 2015
  • August 2015
  • July 2015
  • June 2015

Categories

  • Best Business Practices
  • Business Tax
  • Estate and Trusts
  • Individual Tax
  • Investment
  • Quickbooks
  • Real Estate
  • Retirement
  • TaxBiz
  • Uncategorized

© 2025 Heyer Inc | Accounting and Tax Blog

Accounting and Marketing Websites by Build Your Firm