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Santa Ana California Form 730: What You Should Know

Exemption From Withholding Act 8 (2)  Exemption From Withholding (C) on Personal Services Income. Under special circumstances and with the consent of the IRS, a nonresident alien individual may be exempt from U.S. tax on his or her compensation of services in lieu of a withholding exemption for his or her personal services under the Exemption From Withholding Act of 1955.  “The Act exempts all earnings and profits of a nonresident alien receiving compensation of personal services under a personal services exemption contract from foreign source income tax.” To provide for the payment of benefits under an exemption contract entered into with a UCLA, USC or a COP, that nonresident alien individual may  claim an exemption based on an agreement entered into with the IRS regarding an income tax treaty under the Act, if all the following requirements are satisfied: 1. The payment of benefits under the agreement is made subject to a withholding agreement with the IRS, or to a withholding agreement for the service of withholding agents under section 8 of the Act. 2. The agreement is made by one of the following : (a) An agreement made by a tax law enforcement agency or the IRS, under the control of a tax law enforcement official of the agreement's home country, for the purpose of obtaining certain information on the income of a person who is not lawfully present by, or to (b) A written statement executed under penalty of perjury that the withholding agent agrees to, on behalf of the U.S. government, give, upon demand, to any foreign country (other than a country with which the United States has a tax treaty under the Act), to withhold from U.S. source income tax on payments made, or that are to be made, on behalf of the foreign government to a person that is not lawfully present therein. 3. The withholding agreements between the United States (or a contract agent acting under the authority of and with the consent of the United States) and the foreign government with which the agreement is made are on a tax treaty between the United States and the foreign governmental entity with which the agreement is made. 4.

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