This browser does not support basic Web standards, preventing the display of our site's intended design. May we suggest that you upgrade your browser?
Federal and State laws require the University of Wisconsin System to report many taxable payments to the IRS, the Wisconsin Department of Revenue, and the individual receiving the payment. In some cases, the University is also required to withhold federal or state income taxes from payments. Payment is made via the "Payment to Individual Report" form. The following provides a step-by-step process to be used when securing personal services.
When contracting for personal services of other individuals or a group of individuals for more than $500, a determination must first be made as to whether or not an employee-employer relationship exists. If an employee/employer relationship does exist, the individual(s) are to be paid on payroll. Travel expenses will be reimbursed on a travel expense report and in compliance with State travel regulations.
If no employee-employer relationship exists they are considered independent contractors. A purchase requisition to contract for personal services and a Payment to Individual Report Form are to be prepared and forwarded to Accounts Payable to initiate payment. Forms may be obtained from Accounts Payable. Purchase orders can be issued for services that are NOT unique, noncompetitive activity supporting instruction, research, or public service. In these instances, payment will be made upon receipt of an invoice. An independent contractor is not eligible for fringe benefits and is not subject to State liability protection or eligible for Workers and Unemployment Compensation.
When the service IS determined to be a unique, noncompetitive activity supporting instruction, research or public service, an Academic Support Services Agreement will be executed by Accounts Payable/Purchasing and mailed to the individual(s) for fees in excess of $5000. Payments will be made upon receipt of an invoice from the individual(s) or by a Payment to Individual Report prepared by the department.
NOTE: Currently enrolled students must be paid on student payroll for their services. Students not attending summer school but continuing on in the fall must also be paid via student payrolls.
The PIR form is not to be used for payment to individuals for salaries, employee reimbursements of ny kind, applicant interview expenses, student recruitment expenses, or payments to subcontractors or architects. The form is not needed when an invoice is received against a purchase order or an academic support services agreement as long as a social security number or tax identification number and a home address is provided. Exception: A PIR must be prepared when payment is made to a nonresident alien.
The rules regarding federal tax withholding on nonresident aliens are varied and complex. In some cases, payment may be exempt or subject to a reduced withholding rate if they have filed for an exemption on IRS Form 1001, 4224, or 8233. These forms are in limited supply in Accounts Payable. It is the responsibility of the individual to determine his/her own personal tax situation and file whichever form is necessary to receive an exemption from withholding where applicable. These forms must be presented with the PIR or federal tax will be withheld.
PLEASE contact Accounts Payable several days in advance of a desired payment to a nonresident alien for two very important reasons:
For the services of entertainers and public speakers, formal contracts must be prepared and signed by representatives of each party. Entertainment contracts for under $2500 are to be signed by the Director of University Centers or designee regardless of where on campus the entertainer performs. Contracts for $2500 and over are to be signed by the Assistant Chancellor Business Affairs. Payments are made using the signed contracts when a social security number or a federal identification number of the performer and the permanent home address of the performer are included in the contract.
The State of Wisconsin requires 6% tax withholding on all payments to entertainers and public speakers who are not Wisconsin residents and who earn $3200 or more from a UW campus during a calendar year. Withholding is not required if the entertainer files a surety bond or a deposit with the Wisconsin Department of Revenue for at least the amount of the contract price and provides the University an original Form WT-10.
Reference UW-System Financial Policy and Procedure Paper #31 for additional information from the Internal Revenue Service regarding an employee-employer or independent contractor relationship.