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Www ir gov 10. Www ir gov   Employees of Foreign Governments and International Organizations Table of Contents Exemption Under Tax Treaty Exemption Under U. Www ir gov S. Www ir gov Tax LawCertification. Www ir gov Employees of foreign governments (including foreign municipalities) have two ways to get exemption of their governmental wages from U. Www ir gov S. Www ir gov income tax: By a provision in a tax treaty or consular convention between the United States and their country, or By meeting the requirements of U. Www ir gov S. Www ir gov tax law. Www ir gov Employees of international organizations can exempt their wages either by a provision, if one exists, in the international agreement creating the international organization, or by meeting the requirements of U. Www ir gov S. Www ir gov tax law. Www ir gov The exemption discussed in this chapter applies only to pay received for services performed for a foreign government or international organization. Www ir gov Other U. Www ir gov S. Www ir gov income received by persons who qualify for this exemption may be fully taxable or given favorable treatment under an applicable tax treaty provision. Www ir gov The proper treatment of this kind of income (interest, dividends, etc. Www ir gov ) is discussed earlier in this publication. Www ir gov Exemption Under Tax Treaty If you are from a country that has a tax treaty with the United States, you should first look at the treaty to see if there is a provision that exempts your income. Www ir gov The income of U. Www ir gov S. Www ir gov citizens and resident aliens working for foreign governments usually is not exempt. Www ir gov However, in a few instances, the income of a U. Www ir gov S. Www ir gov citizen with dual citizenship may qualify. Www ir gov Often the exemption is limited to the income of persons who also are nationals of the foreign country involved. Www ir gov Exemption Under U. Www ir gov S. Www ir gov Tax Law Employees of foreign governments who do not qualify under a tax treaty provision and employees of international organizations may qualify for exemption by meeting the following requirements of U. Www ir gov S. Www ir gov tax law. Www ir gov The exemption under U. Www ir gov S. Www ir gov tax law applies only to current employees and not to former employees. Www ir gov Pensions received by former employees living in the United States do not qualify for the exemption discussed here. Www ir gov Employees of foreign governments. Www ir gov   If you are not a U. Www ir gov S. Www ir gov citizen, or if you are a U. Www ir gov S. Www ir gov citizen but also a citizen of the Philippines, and you work for a foreign government in the United States, your foreign government salary is exempt from U. Www ir gov S. Www ir gov tax if you perform services similar to those performed by U. Www ir gov S. Www ir gov government employees in that foreign country and that foreign government grants an equivalent exemption to U. Www ir gov S. Www ir gov government employees. Www ir gov Certification. Www ir gov   To qualify for the exemption under U. Www ir gov S. Www ir gov tax law, either the Department of State must certify that you perform services similar to those performed by employees of the government of the United States in foreign countries and that your foreign government employer grants an equivalent exemption to U. Www ir gov S. Www ir gov government employees performing similar services in its country or you must establish those facts. Www ir gov However, see Aliens who keep immigrant status , later, for a special rule that may affect your qualifying for this exemption. Www ir gov Employees of international organizations. Www ir gov   If you work for an international organization in the United States and you are not a U. Www ir gov S. Www ir gov citizen (or you are a U. Www ir gov S. Www ir gov citizen but are also a citizen of the Philippines), your salary from that organization is exempt from U. Www ir gov S. Www ir gov tax. Www ir gov However, see Aliens who keep immigrant status , later, for a special rule that may affect your qualifying for this exemption. Www ir gov   An international organization is an organization designated by the President of the United States through Executive Order to qualify for the privileges, exemptions, and immunities provided in the International Organizations Immunities Act. Www ir gov   You should find out if you have been made known to, and have been accepted by, the Secretary of State as an officer or an employee of that organization, or if you have been designated by the Secretary of State, before formal notification and acceptance, as a prospective officer or employee. Www ir gov   If you are claiming exemption, you should know the number of the Executive Order covering the international organization and should have some written evidence of your acceptance or designation by the Secretary of State. Www ir gov   The exemption is denied when, because the Secretary of State determines your presence in the United States is no longer desirable, you leave the United States (or after a reasonable time allowed for leaving the United States). Www ir gov The exemption is also denied when a foreign country does not allow similar exemptions to U. Www ir gov S. Www ir gov citizens. Www ir gov Then the Secretary of State can withdraw the privileges, exemptions, and immunities from the nationals of that foreign country. Www ir gov Aliens who keep immigrant status. Www ir gov   If you file the waiver provided by section 247(b) of the Immigration and Nationality Act (USCIS Form I-508) to keep your immigrant status (green card), you no longer qualify for the exemption from U. Www ir gov S. Www ir gov tax under U. Www ir gov S. Www ir gov tax law from the date of filing the waiver with the Attorney General. Www ir gov   However, you do not lose the exemption if you file the waiver, and meet either of the following conditions. Www ir gov You are exempt from U. Www ir gov S. Www ir gov tax under an income tax treaty, consular agreement, or international agreement between the United States and your foreign government employer. Www ir gov You work for an international organization and the international organization agreement creating the international organization provides that alien employees are exempt from U. Www ir gov S. Www ir gov income tax. Www ir gov Two international organizations that have such a provision are the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank). Www ir gov . Www ir gov   For more information about a specific foreign country or international organization, send an email to embassy@irs. Www ir gov gov. Www ir gov Prev  Up  Next   Home   More Online Publications
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Requirements for Tax Return Preparers: Frequently Asked Questions

 

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