Hello Linda; I see we're all pondering with the non U.S. citizen payment
issues.  There have been some excellent workshops on this issue; I usually
pass the information along to Ned Gellner (for payroll issues) or Chris
Rafalik for vendor payment issues.  If I come along a workshop I'll pass
this info to you.  Also I'm on the Aliens, Higher Ed Tax Issues and Payroll
listservs that often have pertinent conferences and information.

 I understand the problem you might have with faculty not responding but
of course that's an internal issue.  However at some point, whether it's
service oriented or not, the campus must take a firm stand either by
restricting a faculty from future certain types of support to appealing to
Dean or Vice Provosts about the lack of this information.  It's not too
long before the SUNY campuses will be hit with IRS and INS agents and
particularly you and Stony Brook are probably very vulnerable so compliance
cant be negotiated (I know this is something you already know).

 Well just some rambling thoughts.  Take it easy.  PP

>     The above subject is causing so many questions here at our campus
>(SUNY/Buffalo) that I can't believe we're going through this alone!  I'm
>hopeful that someone out there may be able to offer some advice and/or other
>help in this area:
>
>     Initially, the problem is three-fold:
>
>1.   Classification issues - Is the person appropriately classified as an
>"independent contractor" as opposed to an "employee"?  (I think we've got
>this part covered.)
>
>2.   Taxation issues - i.e., specific regulations from country of origin,
>existence/ non-existence of tax treaty between US and relevant country,
>completion of such forms  as 8233, W-8, W-9, holding payment for 10 days,
>withholding 30% taxes.
>
>3.   Immigration issues - Does the individual's visa status allow receipt of
>any form of compensation?  What about "walk-overs" from Canada who come here
>with no paperwork yet expect to be paid for services (this is common in a
>border town like Buffalo).
>
>     These problems are compounded by the fact that these activities are
>extremely time-consuming yet constitute only a small portion of our
>post-award workload, our staff is called upon  to make decisions which would
>be more appropriately directed to an IRS and/or INS expert, and  we have
>actually been accused by some faculty of trying to sabotage their foreign
>programs.
>
>     Then there are the specific questions -- for example, when the IRS
>returns an 8233 for lack of information, what do you do if faculty won't
>cooperate in getting a new form completed or the alien won't respond to your
>requests?  (This is even more of a problem when the 8233 is returned after
>the 10-day return period and the check has already been released.)
>
>     So...how do you do it?  Have you identified any training which has been
>especially helpful for staff?  Is there an office/person dedicated to such
>issues?  Is there anything special you have done to reach out to the faculty
> -- we just began placing an article each month in our departmental
>newsletter and plan to offer training and info sessions later this spring.
>
>     I'd appreciate any help, comments, or suggestions you may offer.
>
>****************************************************************************
>***
>Linda Mitchell, Director, Grants and Contracts
>SUNY - University at Buffalo
>e-mail:  xxxxxx@research.buffalo.edu
>phone:  (716) 645-2634, ext. 100
>fax:         (716) 645-2760

Paul C. Parker, Director
Sponsored Funds Administration
State University of New York
Binghamton NY  13902-6000
ph (607-777-6752)  fax (607-777-4354)
internet:  xxxxxx@binghamton.edu