The IRS has stated that "if the following three conditions exist, income
for personal services performed in the United States as a nonresident
alien is not considered to be from U.S. sources and is not subject to
U.S. taxation."
If you do not meet all three conditions, your income from personal
services performed in the United States is U.S. source income and is
taxed.
These three conditions identified by the IRS are as follows:
1)You perform personal services as an employee of or under a contract
with a nonresident alien individual, foreign partnership, or foreign
corporation, not engaged in a trade or business in the United States; or
you work for an office or place of business maintained in a foreign
country or possession of the United States by a U.S. corporation, a U.S.
partnership, or a U.S. citizen or resident.
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