I'm classified as a non-resident alien because I don't pass the Green Card Test or the Substantial Presence Test. My income is, according to this, not U.S. based, even though I get money from an U.S. employer, because the services are performed in another country.

What tax withholding exemption form should my employer have?

1 Answer 1


You're not subject to the US tax laws, and since the income is not US-sourced, it is not subject to withholding. Your employer doesn't need any form, but if they insist - you can provide them a W8-BEN to certify your non-resident status.

Keep in mind that if you do come to the US, the money you earn while in the US is US-sourced and subject to the US taxes and withholding, even if you're non-resident.

  • Alright, thanks for all the help (here and previously). If I can trouble you (hopefully) one last time, is there anything that prevents me from using my American debit card abroad with the funds of my employment? Jul 14, 2015 at 21:47
  • (Of course I'll pay local income taxes) Jul 14, 2015 at 22:09
  • Nothing in the US law. Check with your local law, some countries don't allow these things because it's an easy way to evade taxes.
    – littleadv
    Jul 14, 2015 at 22:25

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