Individual contracting on EAD - Tax payment

[sathyaraj]

Hi,

I need some help. My wife started working as an individual contracter on EAD. Her contract employer is asking for completing W9 form. But in W9 form it clearly says that only US person can sign. We have just filed I-485 so obviously she cannot sign.

I have the following questions:
a. What is W9 form? I understand that this is for Tax payer identification, but it is not for AOS.
b. How does she need to pay taxed to IRS. Is it thru contracting employer or directly.

I am so confused. Pl. help.

I apologize for posting this several times, as I did not get a clear ans yet.

[gcsngh]

Sathyaraj,

This is not complicated, recommend call IRS..without giving names.

Originally Posted by sathyaraj

Hi,

I need some help. My wife started working as an individual contracter on EAD. Her contract employer is asking for completing W9 form. But in W9 form it clearly says that only US person can sign. We have just filed I-485 so obviously she cannot sign.

I have the following questions:
a. What is W9 form? I understand that this is for Tax payer identification, but it is not for AOS.
b. How does she need to pay taxed to IRS. Is it thru contracting employer or directly.

I am so confused. Pl. help.

I apologize for posting this several times, as I did not get a clear ans yet.

[p_kumar]

Form W-9 is the IRS form used by a company to request your taxpayer identification number. You may get a blank Form W-9 to fill out if you or your company are hired to provide services to another company. Most often, Form W-9 is sent to independent contractors, consultants, and other self-employed workers.

Filling out a W-9 is pretty straightforward. Just provide your name and Social Security Number, or the name and Employer Identification Number of your business.


By submitting a W-9, you are certifying that the tax id number you are providing is correct and accurate and that you are not subject to backup withholding.


You can obtain a blank Form W-9 (PDF) to give to independent contractors you hire or to type and print out if you need to give one to your employer.

[sathyaraj]

Kumar: I agree with whatever you ve mentioned. But in the form, it clearly says that only U.S person can sign..What does it mean?

Originally Posted by p_kumar

Form W-9 is the IRS form used by a company to request your taxpayer identification number. You may get a blank Form W-9 to fill out if you or your company are hired to provide services to another company. Most often, Form W-9 is sent to independent contractors, consultants, and other self-employed workers.

Filling out a W-9 is pretty straightforward. Just provide your name and Social Security Number, or the name and Employer Identification Number of your business.


By submitting a W-9, you are certifying that the tax id number you are providing is correct and accurate and that you are not subject to backup withholding.


You can obtain a blank Form W-9 (PDF) to give to independent contractors you hire or to type and print out if you need to give one to your employer.

[ritu_raj]

US Person includes a resident alien and that should be your case.

[kaisersose]

Originally Posted by sathyaraj

Kumar: I agree with whatever you ve mentioned. But in the form, it clearly says that only U.S person can sign..What does it mean?

A US person does not mean US citizen. Your wife qualifies as she is living here and working here.

[leonimish]

Defination of US Resident for Tax purposes, includes people who have been resident in US for more than 180 days. There are a couple of more conditions to determine if a person in US Resident but primarily the days present is US test is used. So I think your wife qualifies to be a US person.

[ilovestirfries]

Originally Posted by leonimish

Defination of US Resident for Tax purposes, includes people who have been resident in US for more than 180 days. There are a couple of more conditions to determine if a person in US Resident but primarily the days present is US test is used. So I think your wife qualifies to be a US person.

I really do..I was given the exact same definition as above by a IRS official at the IRS office. By IRS laws, a US resident is one who takes up residence/lives in USA for more than 180 days in a calendar year. By that definition, your wife qualifies as US Resident to sign on IRS related forms.

Hope this helps.

[logiclife]

Originally Posted by ilovestirfries

I really do..I was given the exact same definition as above by a IRS official at the IRS office. By IRS laws, a US resident is one who takes up residence/lives in USA for more than 180 days in a calendar year. By that definition, your wife qualifies as US Resident to sign on IRS related forms.

Hope this helps.

Guys,

Whoever has EAD and plans to learn a few things about taxes, go to IRS website and read Publication 17, the individual taxpayers guide.

Those who have filed taxes themselves (with paper and pencil, old school style, no software or H&R block or outside help) would know what I am talking about. I did that once just to learn how and why the system of individual taxes work. Its pretty interesting.

Most people think that IRS tax code is too long and complicated and just pluck down few hundred dollars and get it done by tax attorney/expert or Turbotax or HR block software. I do that too, but one year, I think in 2003, I did it myself just to learn. Besides, when you have just one W2, no dependents or deductibles, its really simple and can be done with Pub. 17 alone and 1040 EZ form.

IRS publication 17 has definition of what US resident means. There are many tests/conditions. If you have GC, you are resident. If you dont have GC but have been present for X number of days in last 36 months...or something, then too, you are considered to be resident for tax purposes (even though your immigration status is H1, L1) etc.

[ilovestirfries]

I agree...Its always better to refer to the Source for clear definition...I was just giving my experience/opinion...

[sathyaraj]

I am really thankful for all ur replies.

Thanks much