
Payroll Tax Withholding
REVISED MARCH, 2003
EMPLOYEE WITHHOLDING ALLOWANCE CERTIFICATE W-4
The University of Nebraska is required to withhold federal and state taxes from certain employee wages, using pre-defined IRS and Nebraska State Income Tax withholding tables.
Each employee must complete a W-4 form when beginning work at UNL. If an employee does not complete the W-4 form, federal and state taxes will be withheld using the single status and zero withholding allowances. UNL will not refund any taxes that were withheld due to an employee's neglect to complete the W-4 form. To make changes to your W-4 allowances contact your department Payroll Clerk or the UNL City Campus Payroll Office.
To determine the correct number of allowances you should claim on your W-4, complete the Personal Allowances Worksheet provided by the IRS.
IRS Personal Allowances Worksheet
UNL must submit a copy of an employee's W-4 form to the Internal Revenue Service if the employee claims more than ten (10) withholding allowances or claims to be exempt from withholding.
A W-4 remains in effect until an employee submits a new one except in the case where an employee claimed to be exempt. An exempt employee must complete a new W-4 each calendar year. See further details regarding exempt status below.
If an employee is to receive an award payment or additional pay i.e. overload pay, summer research, summer teaching it is the responsibility of the department to notify the employee that he/she may want to change his/her W-4 withholding status in order to prevent over taxation due to the additional income. An employee may request the Payroll Office to provide him/her with a tax projection analysis worksheet based on the various exemptions.
EXEMPTION FROM INCOME TAX WITHHOLDING
The W-4 for an employee who has indicated that he/she is exempt from withholding expires on February 15th of each calendar year. The UNL Payroll Office will send a letter of notification in late January of each calendar year to employees who have completed their W-4's indicating that they are exempt from withholding. If the employee qualifies and wishes to continue being exempt from federal income tax withholding, the employee must complete a new W-4 and submit it the Payroll Office by the deadline indicated in the letter. To determine if you are eligible to claim exempt on your W-4, see the Exemption from Withholding section of IRS Publication 515.
NEBRASKA STATE INCOME TAX
Nebraska follows federal rules for determining the number of allowances to claim for NE state tax withholding purposes.
Nebraska Dept of Revenue State Income Tax
NONRESIDENT ALIENS
In general, if you pay wages to nonresident aliens, you must withhold income tax (unless exempted by regulations), social security and Medicare taxes as you would for a U. S. citizen. However, income tax withholding from the wages of nonresident aliens is subject to special rules.
When completing Form W-4 nonresident aliens are required to:
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Not claim exemption from income tax withholding
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Request withholding as if they are single, regardless of their actual marital status
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Claim only one allowance (if the nonresident alien is a resident of Canada, Mexico, Japan or Korea, he/she may claim more than one allowance)
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Request an additional income tax withholding amount, depending on the pay cycle in which they are paid:
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Biweekly
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$15.30 per pay period
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Monthly
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$33.10 per month
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Note nonresident alien students from India are not subject to the additional income tax withholding requirement.
CLAIMING TAX TREATY BENEFITS
ELIGIBILITY:
In order for foreign nonresident alien students and scholars to be exempt from federal and state income tax withholding the non-resident alien must meet certain criteria. First, there must be a treaty provision that exists between the United States and the nonresident alien’s country of residence. Second, the individual must meet the treaty eligibility requirements for the particular treaty article being claimed. Third, the nonresident alien must have either a social security number or and Individual Taxpayer Identification Number (ITIN) to be able to receive treaty benefits. Fourth, the correct tax treaty exemption forms must be completed supported by all required documentation.
FORMS:
The type of form used to claim treaty benefits depends upon the type of income being paid under the treaty provision, and whether the foreign individual is a nonresident alien for resident alien for tax purposes.
NONRESIDENT & RESIDENT ALIEN SOCIAL SECURITY NUMBER/ TAXPAYER IDENTIFICATION NUMBER (TIN) REQUIREMENT
Effective for payments made on or after January 1, 2001, any tax treaty claim made on forms 8233 or W-8BEN which do not contain a social security number or a permanent U. S. Taxpayer Identification number cannot be accepted.
A permanent TIN is:
Slugo – Tax Treaty Table and Tax Treaty Statements
Slugo – 8233 Form
Slugo – W-9Link to Slugo – W-8BEN
IRS Publication 901
IRS Tax Treaty Information
W-2 TAX FORMS
By January 31st of each calendar year, UNL is required to report to the Internal Revenue Service (IRS) and the State of Nebraska Department of Revenue on a W-2 form for each employee the taxable wages and related compensation, income taxes withheld and certain payroll deduction for the previous calendar year. Wages are always reported for the year in which they are paid.
All University of Nebraska – City Campus W-2's will be mailed to the employee’s permanent home address in the University SAP payroll system prior to January 31st of each calendar year.
It is the employee’s responsibility to notify his/her payroll clerk of any address change. If an employee has already separated from the University, it is his/her responsibility to notify the Payroll Office of his/her permanent mailing address.
If an employee does not receive his/her W-2 for wages earned in the previous calendar year by February 10 of each calendar year, he/she should contact the UNL City Campus Payroll Office to determine if the W-2 had been returned to the Payroll Office by the U. S. Postal Service. If an employee did not receive his/her W-2 and it was not returned by the U.S. Postal Service, he/she may request a duplicate by completing a request for duplicate and providing proof of identification via a picture ID.
SOCIAL SECURITY
All employees of the University of Nebraska are subject to social security tax withholding, based on the earnings levels and tax rates established by the IRS. Two categories of employees may be exempt from social security tax withholding, depending on the specific facts and circumstances relating to their employment as follows:
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Nonresident aliens who hold F-1, J-1, M-1 or Q-1 visas and who are performing employment that is consistent with the provisions of their visa status; and do not meet the substantial presence test (SPT) which is 5 years for students and 2 years for teacher/researcher.
In accordance with federal tax laws, the University of Nebraska shall grant an exemption from social security (FICA) tax withholding on wages paid to a student during an academic semester or summer session in which the student is enrolled and regularly attending classes. A student will be deemed to be enrolled and regularly attending classes if he/she is enrolled at least half-time, i.e. 50% of the minimum number of hours required for full-time enrollment certification purposes. Minimum exemption thresholds are:
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Undergraduate Students:
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Fall, Spring Semesters
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six (6) credit hours per semester
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All Summer Sessions Combined
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six (6) credit hours
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Fall, Spring Semesters
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three (3) credit hours per semester can be certified full time
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All Summer Sessions Combined
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three (3) credit hours per session can be certified full time
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Active Dissertation Status
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one (1) credit hour per semester must be certified as full-time
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Between Semesters:
Students who are enrolled and regularly attending classes in a given academic semester/session will be entitled to the exemption from FICA tax withholding for any brief period of time between the end of one semester/session and the start of the succeeding semester/session if they qualified for the exemption in the immediately preceding semester/session. For example, a student who is enrolled during the second summer session would retain the exemption during the period between the end of the second summer session and the start of the fall semester and also during Christmas break.
In all circumstances, it is the responsibility of the student worker to register, maintain his/her student status and complete any required forms to be eligible for FICA exempt status. If a student fails to maintain exempt status during the fall and spring semester or summer sessions by dropping credit hours or terminating his/her student status, all of the wages paid to him/her during that period shall be FICA taxable. The FICA tax will be due immediately. The student or former student will have fifteen working days to remit the payment due to the UNL Payroll Office.
Full-Time Employees:
All non-student and/or full-time employees will not be eligible for the student FICA exemption.
IRS Student FICA guidelines -Social Security Administration
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