What you need to know!

Spring 2010

New Independent Contractor Checklist

Foreign National Payments Unrelated Business Income Tax

(UBIT) Sales Tax New Prize/Award Policy

Use this form if:Payment to an individual/sole

proprietorIndividual to work for 5 or more

days over a 12 month period.

Examples of when checklist will not be required (non-employee):Performing artists (actors, dancers,

musicians)Speakers or Guest LecturersAthletic officialsStudent teacher supervisorsMusical instrument tunersCompetition winners

Remember!!! If an individual is a current

employee, or has been an employee of Ball State within the last 12 months, they should be paid through Payroll.

This includes student employees. Contact the Accounting Office if

questions on Independent Contractor vs Employee status.

PLAN AHEAD!!

If long-term assignment contact Rinker Center for International Programs before invitation is extended

If short-term assignment contact Accounting Office for procedures

1. Foreign national must complete BSU Foreign National Questionnaire.

2. Foreign National must provide copies of Visa and Passport.

3. Accounting Office will review to determine next step.

4. Accounting Office will provide guidance on next step.

Foreign National possesses Visa type that does not allow income earnings in U.S.

BSU is unable to pay foreign national income.

Foreign National meets Substantial Presence Test.

Must be paid as a Resident Alien (RA)

Must have a US ITIN Must complete and sign W-9 No taxes withheld

Foreign National is resident of country with no treaty exemption

Must complete and sign W-8BEN US federal taxes withheld at

30% US ITIN not required, unless

foreign national filing US tax return

Foreign National is resident of country with a treaty exemption

Foreign National does not meet substantial presence test

US ITIN required to claim treaty exemption

Must complete and sign Form 8233 BSU submits 8233 to IRS; wait 10 days

for negative confirmation, then ok to pay

No taxes withheld

Department submits Payment Request Voucher or Foreign Cable Request to Accounting Office (see Formfinder)Attach contract, agreement, and/or

any additional documentationAttach tax forms signed by payee (W-

9, W-8BEN, or 8233)

NRAs – 1042-S – sent by March 15

RAs – 1099-Misc – sent by January 31

Foreign National can be paid more timely . . . But,

Must be here on appropriate VisaWe must withhold federal income tax at

30%Foreign national can apply for US ITINForeign national can claim treaty

exemption on 1040-NR Foreign national completes and attaches IRS

Form 8233

Specifically for Colleges and Universities

• Nature of exemptions• Sales • Purchases• Student Organizations

Teaching and Instruction Research Public Service Other University Activities

undertaken in the conduct of governmental functions

Examples: Sale of food by University to enrolled

student“student” : (definition)individual enrolled in for-credit

classes and seeking an Undergrad or Grad degree.

Elementary or High School students registered for a summer conference

Examples: Sale of educational materials (excluding

books, stationery, or supplies) are exempt if sold to students as these sales are intended to further the educational purpose of the school.

Sales of interstate commerce Sales to a purchaser who is entitled to an

exemption of its own (government entity, etc) Purchaser must supply the University with a valid

exemption certificate

Examples: Sale of books, stationary, supplies Sale of computers, software, peripherals Sale of food and drink at athletic,

theatrical, artistic, cultural or informational events.

Receipts from the rental of accommodations for periods of less than 30 days (innkeepers tax may also apply) except if a student is in a residence hall while participating in a for-credit course.

State colleges and universities are recognized as governmental agencies that qualify for exemption under IC 6-2.5-5-16.

Must meet all three requirements:1.The purchase must be invoiced directly

to BSU.2.The purchase must be paid for via

government funds; and3.The purchase must be for a

governmental function

State educational institutions would be required to collect Indiana sales tax when they furnish or sell an intrastate telecommunication service to students, staff, or faculty. (i.e. long distance, cell phone, etc.)

0-94XXX accounts are used by BSU to designate “recognized” student organizations. They may use the University’s exemption certificate for purchases and the University’s Retail Merchant Certificate for sales IF:1. Must be “recognized” by BSU, and2. Connected with BSU and under BSU supervision, and3. Student Organization’s records must be maintained by the University as an “agency” account.

Unrelated Business Income (UBI)And

Unrelated Business Income Tax (UBIT)

Tax imposed on exempt organizations to level the playing field when they are competing with for-profit organizations that are performing the same activities.

Trade or Business (and Profit Motive)

Regularly Carried On

Not Substantially Related

Instruction

Research

Public Service

Activities of volunteers Items sold for the convenience of

students or faculty Qualified sponsorship activities Student participation Sale of donated goods or low-cost

items Special circumstances

Rental of real property

Research

Gain and losses from the disposition of property

Deductible expenses per IRS that apply to for-profit businesses

Directly connected to trade or businessExpenses attributable solely to

unrelated businessExpenses attributable to dual use of

facilities or personnel

IRS auditors operate under the theory that the burden of proof rests with the institution when claiming expenses are “primary and proximate”

Institution needs to provide documentation as to the reasonableness of all expenses

Each activity must be considered on a case by case basis. If you have any activities that you have questions about, contact the Controller’s Office.

New Policy / Procedures / Forms

Effective July 1, 2010

HOORAY!!!

GIFT CARDS / GIFT CERTIFICATES ARE STRICTLY PROHIBITED – Under extremely rare occasions they may be permitted AFTER approval from the Controller’s Office

Two Classifications of APGI:1. Cash (ALWAYS TAXABLE)

2. Non-Cash (items are taxable unless one of the following apply)

A. A ‘de-minimis’ fringe benefitB. A prize or award given directly

to FoundationC. Employee Achievement Award

A. Non-taxable ‘de minimis’: Prize or award…

1. is NOT CASH OR CASH EQUIVALENT, 2. IS of nominal value ($40) 3. IS provided infrequently

Examples: BSU logo merchandise with useful life less than 1 year; Artist series tickets (Emens); Cardinal Lanes bowling; and meal tickets (on campus dining only)

C. Employee Achievement Awards (cont’d)1). Length of Service Awards –

(includes: Retirement)a) More than 5 years serviceb) Cannot receive more than one

every 5 years (unless retirement gift)

c) Retirement gifts are distributed through Human Resources ONLY

d) No gifts will be reimbursed by the Foundation2). Safety Achievement Awards

If paying by CHECK or ACH Direct Deposit: Under $40 –(may qualify ‘de minimis’)

1. Payment Request Voucher

2. APGI Form (one per person) OR

2. Recipient List (for multiple recipients)

Awarding department completes forms and routes to the Accounting Office.

If paying by CHECK or ACH Direct Deposit: Over $40 up to $100

1. Payment Request Voucher

2. IRS Form W-9 for non-BSU persons

3. APGI Form w/BSU ID# (one per person) OR

3. Recipient List w/BSU ID# (for multiple recipients)

Awarding department completes forms and routes to the Accounting Office

If paying by CHECK or ACH Direct Deposit: Over $101 – (see next slide for non- student BSU employees)

1. Payment Request Voucher2. IRS Form W-9 for non-BSU persons3. APGI Form w/BSU ID# (one

per person) OR 3. Recipient List w/BSU ID# (for

multiple recipients)Awarding department completes forms and

routes to the Accounting Office

If paying by CHECK or ACH Direct Deposit: Over $101 – For non-student BSU employees

1. APGI Form w/BSU ID# (one per person)

2. Must be set-up and paid through HR/PEB as a miscellaneous payment.

Awarding department completes forms and routes to the Payroll Office

If paying by CASH: (research incentives usually) To Request Cash: (set up receivable)

1. Miscellaneous Cash Advance Form

To Clear Receivable:1. Payment Request Voucher2. APGI Form (one per person)

OR 2. Recipient List (for multiple

recipients)

Awarding department completes forms and routes to the Accounting Office.

If paying by TANGIBLE PROPERTY: (same $$ thresholds apply as Check or ACH Direct Dep) 1. Purchase items using DPO(s) or PO(s) or

the Computer showcase/Bookstore) 2. APGI Form (one per person) reference

DPO/PO number etc. OR

2. Recipient List (for multiple recipients) reference DPO/PO number etc.

Awarding department completes forms and routes to the Accounting Office.

If paying by TANGIBLE PROPERTY: cont’d

Items under $40 are considered ‘de minimis’

Items valued over $40 requires BSU ID# of BSU-related recipients

Items valued over $40 requires IRS Form W-9 for non-BSU persons

Employees – Added to W-2 and subject to all taxes and withholdings

Student Employees – Added to W-2 Other students, donors, unaffiliated

individuals – Form 1099MISC if over $600

Non-Resident Aliens – Added to Form 1042S