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The central withholding agreement (CWA) is a mechanism whereby the Internal Revenue
Service agrees to accept a withholding amount based upon the foreign artist's net
income rather than upon gross receipts. If the Internal Revenue Service and the
nonresident alien individual reach a central withholding agreement,
compensation for personal services within the U.S. of a nonresident
alien individual may be wholly or partially exempt from the NRA
Withholding requirement. Thus, the foreign artist may avoid
over-withholding.
The central withholding agreement is particularly useful when artists on a U.S tour
with multiple venues seek exemption from foreign withholding, or when an artist
plans to work in the U.S. for an extended period of time. Note: The process for
obtaining a central withholding agreement may be too lengthy to make the CWA a
practical option for many foreign guest artists working in the U.S. for a short
period of time or on an occasional basis, unless the engagements are planned far
in advance. Artists seeking to enter into a CWA should plan to complete the agreement
90 days before the paid performance to ensure the agreement is processed in time.
The CWA provides the Internal Revenue Service sufficient accounting and procedural
assurances that the actual tax liability will be collected and paid. Among other
assurances, the nonresident alien individual must agree to timely file an income
tax return for the current taxable year. If a foreign artist is interested in
requesting a CWA, Revenue
Procedure 89-47, provides detailed information regarding such a request. The
application process for a CWA is a very detailed process and should be pursued with
the assistance of a tax professional.
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Copyright © 2003 American Symphony Orchestra League/Association of Performing Arts Presenters
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