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Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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I have a student with a work permit and he also attends school

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I have a student with a work permit and he also attends school , Our business is in the State of Md.. Do I need to withold Fed. and State axes on the student?
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.

Hi and welcome to Just Answer!

Yes - you need to withhold federal and state income taxes for that person according to W4 form even if he/she is a nonresident alien on the student visa.

For withholding rules - see IRS publication 15 page 18 -

Nonresident alien employee's Form W-4. When completing Forms W-4, nonresident aliens are required to:

  • Not claim exemption from income tax withholding,

  • Request withholding as if they are single, regardless of their actual marital status,

  • Claim only one allowance (if the nonresident alien is a resident of Canada, Mexico, or Korea, he or she may claim more than one allowance), and

  • Write "Nonresident Alien" or "NRA" above the dotted line on line 6 of Form W-4.

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