Which states have non-resident withholding tax?

Asked by: Mrs. Frida Kshlerin  |  Last update: July 11, 2026
Score: 4.1/5 (30 votes)

Most U.S. states with personal income tax require withholding for non-resident employees, with strict filing requirements in states like Arkansas, Delaware, Kansas, Michigan, and Nebraska. Many, including AZ, HI, IL, and WV, impose withholding after a specific number of days worked in the state, while others like CA and NY use "convenience rules".

What is the non-resident withholding tax in the US?

U.S. State Nonresident Withholding Tax is a mandatory prepayment of tax of individuals or entities that are not resident in the state. A common example of this is the taxation of oil and natural gas royalty interest revenue.

What is the withholding tax for non-residents?

For withholding tax purposes, an income distribution from a mutual fund trust paid to you as a non-resident is treated as trust income for withholding tax purposes, regardless of the type of income earned by the mutual fund trust, such that the 25% withholding tax applies.

Who pays non-resident withholding tax?

California law requires withholding of tax completed by the person or entity having the control, receipt, custody, disposal, or payment of items of California sourced income or California distribution from nonresidents of California. Payers who withhold tax on nonresidents are called withholding agents.

Which states have mandatory state tax withholding?

U.S. states that require state tax withholding forms

  • Alabama.
  • Arizona.
  • Arkansas.
  • California.
  • Connecticut.
  • District of Columbia.
  • Georgia.
  • Hawaii.

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23 related questions found

What states don't have withholding taxes?

Employers in all states (except states those that do not have an income tax - Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming) are required to withhold state income taxes from their employees' pay.

Is California nonresident withholding required?

Is withholding required when tax-exempt entities make payments to nonresident payees? Yes. Regardless of your tax or organizational status, when a payment is made to a nonresident for a service performed in California, withholding may be required.

What is the 90% rule for non-residents?

The "90-day rule" for non-residents typically refers to two different concepts: in U.S. immigration, it's a guideline for determining if a non-immigrant misrepresented their intent by engaging in certain activities (like unauthorized work or immediate marriage) within 90 days of arrival, leading to visa fraud or inadmissibility. In Canadian tax law, the 90% rule allows non-residents to claim full federal tax credits if 90% or more of their world income is from Canadian sources, otherwise, credits are prorated.

What are the tax rules for non-resident?

Non-resident Indians (NRIs) are taxed on income earned or collected in India. This could be from sources like property rent, share dividends, and investment and savings capital gains, if over a specified limit. Income earned outside India is not taxable in India.

How to avoid 30% withholding tax?

Option 1: Use Your National Identification Number. The easiest way to avoid the 30% tax-withholding is to use your National Identification Number (NIN).

What does non-resident withholding tax mean?

We're required by law to deduct non-resident Withholding Tax (NRWT) when an account holder is a non-resident or has an overseas home address. The money we withhold is paid to the Australian Taxation Office (ATO).

What is the 5 year non-resident rule?

Who is considered a temporary non-resident? Individuals that leave the UK for fewer than 5 years (periods of 12 months, not tax years), and prior to leaving have lived in the UK for at least 4 out of 7 of the most recent years, can be treated as being a 'temporary non-resident' upon returning to the UK.

How to avoid 15% withholding tax?

Hold U.S. dividend-paying securities in RRSPs: Consider holding U.S.-listed dividend-paying securities in your RRSP account. U.S. dividends received in an RRSP are generally subject to zero withholding taxes. However, the same dividends received in TFSAs or non-registered accounts are subject to 15% withholding tax.

How much is non-resident withholding tax?

Non-residents have to pay a 25% tax on amounts that are taxable under Part XIII. However, this rate can be reduced to a lower rate or an exemption can be given under the provisions of the Income Tax Act or a bilateral tax treaty between Canada and another country.

Who is exempt from withholding tax?

You're exempt from federal income tax withholding if you had no federal income tax liability last year AND expect to have none this year, meaning you got a full refund and expect one again, and you claim this status by writing "Exempt" on IRS Form W-4 and giving it to your employer; however, Social Security and Medicare taxes still apply. Certain employees like some foreign government workers or household employees might also be exempt from specific types of withholding. 

Who is considered a non-resident for tax purposes?

If you are not a U.S. citizen, you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 – December 31).

Are non residents subject to US withholding tax?

Most types of U.S. source income received by a foreign person are subject to U.S. tax of 30%. A reduced rate, including exemption, may apply if an Internal Revenue Code Section provides for a lower rate, or there is a tax treaty between the foreign person's country of residence and the United States.

What are non-resident state taxes?

Nonresident state taxes – Applies if you're an employee who works in one state but lives in another. You might benefit from a reciprocity agreement between the two states. Additionally, your place of employment will withhold state and local taxes for the work state. However, you will still owe taxes in your home state.

Am I exempt from resident withholding tax?

You can find out if you're exempt from resident withholding tax (RWT) on the Inland Revenue (IRD) website. If you qualify for an exemption, you'll need to provide us with a copy of a current Certificate of exemption, which you can drop off at any one of our branches, or post us a copy.

What tax do non-residents pay?

Non-residents have to pay tax on income, but usually only pay Capital Gains Tax either: on UK property or land. if they return to the UK.

Do non-residents have to pay taxes?

As a foreign resident, you must lodge a tax return in Australia. You must pay tax on all Australian-sourced income, except for income that has already been correctly taxed (such as interest, unfranked dividends and royalties).

Do I have to pay Canadian taxes if I work in the US?

As discussed earlier, a Canadian tax resident must report their worldwide income on their annual Canadian tax return regardless of where they physically work. If you are a U.S. citizen, you must also file an annual U.S. tax return to report the same income to the IRS.

Do I have to pay California income tax if I live out of state?

Yes, you likely have to pay California income tax if you live out of state but earn income from a California source, like working remotely for a CA employer or having property there, as California taxes income earned within the state regardless of your residency, requiring you to file a nonresident return (Form 540NR) if you meet filing requirements.