UTMDACC INSTITUTIONAL POLICY # ADM0137 FEDERAL AND STATE PAYROLL TAXATION POLICY PURPOSE The purpose of this policy is to ensure that The University of Texas MD Anderson Cancer Center (MD Anderson) is in compliance with federal, state and institutional policies, laws, and regulations by applying current federal payroll taxation rates including federal income tax withholding, social security, and Medicare taxes. POLICY STATEMENT It is the policy of MD Anderson to deduct correct federal payroll taxes from employee paychecks to be in compliance with Internal Revenue Service. Note: Payroll Services cannot give tax advice to any employee. If employees need tax assistance, they should contact the IRS or seek their own tax or legal counsel. SCOPE This policy covers all federal and state payroll taxation as applicable to MD Anderson employees. Compliance with this policy is the responsibility of all faculty, trainees/students, and other members of MD Anderson’s workforce. TARGET AUDIENCE The target audience for this policy includes, but is not limited to, all MD Anderson employees. DEFINITIONS None. PROCEDURE 1.0 Federal Tax Withholding 1.1 Federal income tax withholding is based on employee’s wages and the elections indicated on Form W-4 “Employee Withholding Allowance Certificate.” Page 1 of 6 UTMDACC INSTITUTIONAL POLICY # ADM0137 2.0 1.2 All new employees should fill out a Form W-4 when hired. If a new employee does not submit a completed form W-4, MD Anderson is required by law to withhold taxes as if the employee were single with no withholding allowances. 1.3 An employee who wants to change the number of allowances claimed or show a change in marital status should file a new Form W-4 by accessing myHR on the MD Anderson intranet site. Social Security Taxes There are two components of Social Security Taxes: 2.1 FICA: The Federal Insurance Contributions Act provides a federal system of old age, survivors, disability, and hospital pensions and payments. The system is financed through a tax known as the Social Security Tax or FICA. As an employer, MD Anderson is responsible for deducting the tax from employees’ wages. MD Anderson matches the amount deducted and then submits the total for contribution to employees’ credit. For more information on the limits, view the Social Security Administrations website. Note: FICA wage base is on a calendar year basis beginning with the January 1st or 5th paycheck and ends with the December 1st or 20th paycheck. 2.2 Medicare: The Medicare (medical health insurance for aged and disabled) tax rate is 1.45%. There is no wage base limit for Medicare tax. Similar to FICA tax, MD Anderson matches the amount deducted and then submits the total for contribution to employees’ credit. 2.3 Additional Medicare Tax: A new Additional Medicare Tax goes into effect starting in 2013. The 0.9 percent Additional Medicare Tax applies to an individual’s wages, Railroad Retirement Tax Act compensation, and self-employment income that exceeds a threshold amount based on the individual’s filing status. The threshold amounts are $250,000 for married taxpayers who file jointly, $125,000 for married taxpayers who file separately, and $200,000 for all other taxpayers. An employer is responsible for withholding the Additional Medicare Tax from wages or compensation it pays to an employee in excess of $200,000 in a calendar year. For additional information on the Additional Medicare Tax, see our question and answers. 3.0 Supplemental Tax When MD Anderson pays employee compensation in addition to the employee’s regular wages, the Supplemental Tax rate is applied. Examples are Team Anderson and the Supplemental Annuity Program (SAP) payments. Current supplemental tax rate can be found in Publication 15 at www.IRS.gov. 4.0 Payroll Taxation for Foreign Citizens 4.1 The Internal Revenue Service (IRS) separates Foreign Nationals into two taxation categories: A. Resident Aliens, and B. Nonresident Aliens. Page 2 of 6 UTMDACC INSTITUTIONAL POLICY # ADM0137 4.2 5.0 Tax regulations differ for each of these categories. Resident Aliens 5.1 The IRS defines Resident Aliens as individuals who possess a "Green" card (Alien Registration Receipt Card, permanent resident card, or Form I-151 or I-551), or who have been present in the U.S. a minimum number of days based on the Substantial Presence Test. Resident aliens are taxed on their worldwide income. Note: The term "Resident Alien," as defined here, denotes a type of tax status and is not necessarily consistent with the Immigration and Naturalization Service definition. 6.0 5.2 Resident Alien status will grant individuals tax treatment identical to that of U.S. citizens. Compensation is subject to federal taxes and FICA at U.S. citizen tax rates. Compensation and taxes will be reported on Form W-2. 5.3 To claim Resident Alien status, because of documentation from the Immigration and Naturalization Service attesting to this status (i.e., green card, I-151, I-551), forward a copy of this documentation to Human Resources. Resident Aliens Payroll Taxation Resident aliens are taxed like U.S. citizens. Thus, resident aliens may complete their W-4 form by following the instructions provided. They are entitled to the same number of personal exemptions as U.S. citizens, and the standard deduction. Resident aliens are taxed at graduated withholding rates, and they must pay FICA. 7.0 8.0 Nonresident Aliens 7.1 The IRS defines Nonresident Aliens as individuals who are temporarily in the U.S. who have a closer connection to another country than to the U.S. Nonresident aliens are taxed on their U.S. source income only. Nonresident aliens may be entitled to receive tax treaty benefits, if they are from one of the countries mentioned below. 7.2 Residents of countries with whom the United States has treaties may apply for treaty benefits. Treaty benefits may reduce their liability or totally exempt them from paying taxes, depending on the treaty and provision. 7.3 Residents of Tax Treaty Countries listed in IRS Publication 901 may be entitled to claim treaty benefits. Publication 901 can be found at the www.IRS.gov under Form and Publications. This publication is updated annually. Nonresident Aliens Payroll 8.1 Nonresident aliens will be taxed only on their U.S. source income at graduated withholding rates. All nonresident aliens must pay FICA, except for F-1 and J-1 visa holders during their exemption period. 8.2 Unlike U.S. citizens and residents, nonresident aliens are not entitled to receive the standard deduction when they file their tax returns. To compensate for this, the W-4 instructions have been modified for nonresident aliens. Therefore, nonresident aliens must disregard all instructions provided on the W-4. Following those instructions will result in under withholding and a tax liability at the end of the year. Page 3 of 6 UTMDACC INSTITUTIONAL POLICY # ADM0137 8.3 Nonresident aliens may be entitled to receive tax treaty benefits. 8.4 Nonresident aliens can obtain a copy of Publication 901, U.S. Tax Treaties, or Publication 515, Withholding Tax on Nonresident Aliens and Foreign Corporations, from the IRS by calling 1-800-TAX-FORM, or from the IRS web address: http://www.irs.gov/Businesses/Taxationof-Nonresident-Aliens-1 8.5 Payroll Services must, nevertheless, obtain completed a W-4 form from nonresident aliens during the Employee Orientation or in the departments at the time of hire. Page 4 of 6 UTMDACC INSTITUTIONAL POLICY # ADM0137 ATTACHMENTS / LINKS IRS.gov. RELATED POLICIES None. JOINT COMMISSION STANDARDS / NATIONAL PATIENT SAFETY GOALS None. OTHER RELATED ACCREDITATION / REGULATORY STANDARDS Publication 15. Publication 515. Publication 901. SSA.gov. Taxation of Non-Resident Aliens. http://www.irs.gov/Businesses/Taxation-of-Nonresident-Aliens-1 REFERENCES None. Page 5 of 6 UTMDACC INSTITUTIONAL POLICY # ADM0137 ___________________________________________________________________________________ POLICY APPROVAL Approved With Revisions Date: 07/01/2013 Approved Without Revisions Date: Implementation Date: 07/01/2013 Version: 10.0 ___________________________________________________________________________________ RESPONSIBLE DEPARTMENT(S) Payroll Services Page 6 of 6
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