[Code of Federal Regulations]
[Title 26, Volume 18, Parts 500 to 599]
[Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR520.113]
[Page 131-132]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 520--SWEDEN--Table of Contents
Subpart--General Income Tax
Sec. 520.113 Compensation for labor or personal services.
(a) Article XI of the convention adopts the principle that
compensation for labor or personal services, including compensation
realized in the practice of the liberal professions, is subject to tax
only in the contracting State in which such services are rendered.
Hence, in general such compensation derived by nonresident alien
individuals residing in Sweden for services rendered in the United
States is subject to Federal income tax. Such general rule is, however,
subject to the following exceptions under the provisions of Article XI:
(1) Such nonresident alien individual is not subject to Federal
income tax upon compensation for labor or personal services performed
within the United States if the following conditions prescribed by
subparagraph (2) (i) and (ii) of this paragraph are met.
(2) He is temporarily present in the United States for a period or
periods:
(i) Not exceeding 180 days during the taxable year and his
compensation is received for labor or personal services
[[Page 132]]
performed as an employee of, or under contract with, a resident of
Sweden or a Swedish corporation or other entity; or
(ii) Not exceeding 90 days during the taxable year and the
compensation received for such services does not exceed $3,000 in the
aggregate for such taxable year even though such compensation is paid by
a United States resident or by a domestic corporation or other domestic
entity.
(b) If, therefore, such nonresident alien individual (1) is
temporarily present in the United States for a period or periods in
excess of 90 days during the taxable year, or (2) receives more than
$3,000 in the aggregate during the taxable year for labor or personal
services performed within the United States he is not exempt under
paragraph (a)(2)(ii) of this section, and his right to exemption under
the convention will depend on his meeting both tests prescribed under
paragraph (a)(2)(i) of this section.
(c) These exceptions, however, do not extend to the professional
earnings of actors, artists, musicians, professional athletes and those
engaged in like activities. The professional earnings of such
individuals resident in Sweden for services rendered within the United
States are subject to the provisions of the Internal Revenue Code
applicable generally to the taxation of nonresident alien individuals.