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DAP Forums > Other Topics > Other Topics

Am I considered a US person for tax purposes?

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#1
03-12-2009, 12:04 AM
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Hi, I recently did a translation job and now the company wants me to give them my ITIN number so they can pay me. However on the form I'm about to fill it says that I am stating that I am a U.S. Citizen or a U.S. person and according to the same form a U.S. person is:

"An individual who is a U.S. citizen or U.S. resident alien,"

My status in in the US is well... you all can infer that since I'm a member of this forum, but I've been living here for the last 11 years of my life and I pay taxes. Would I have any problems if I fill out the form and send in my ITIN so I can get freaking PAID? I did the job and its been like 6 or 7 months since I gave them the translations!

What should I do?
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#2
03-12-2009, 12:15 AM
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bn1
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They asked you for your ITIN? they know about your status? Which form they want you to fill? are you working as a sub contractor?
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#3
03-12-2009, 12:25 AM
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They don't know about my status, at least thats what I think, they want me to fill out form W-9 and I don't know what a sub-contractor is. Its an organization (I don't what to say about what) but lets say it is a non profit org and they just asked me if I could do the translations. I think they want to tell the irs that they paid me to do the translations. But I don't know how that benefits them.
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#4
03-12-2009, 12:31 AM
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Be very careful with this.. I had an experience with a restaurant I worked for in NYC in which I had to get paid over $600 and since I didn't have the documents needed to fill out a W-9 form they never paid me.. I explained my situation but they didnt care at all.. All they said was "go apply for residency and come back for your check, we'll only hold it for 6 months though"

So be careful and if all theyre asking you for is the ITIN then you're lucky because most employers ask for documents showing you're legally alllowed to work.

Also, I've noticed you're very closed about some stuff even though you'd like to explain but I'm just letting you know that we're all in this together and you should be comfortable. It's all up to you though.
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#5
03-12-2009, 12:47 AM
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dreamactmass
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Hello!
For all I know...it doesn't matter if you are a legal resident or not...they have to pay you...if they don't, just take them to court...the judge actually doesn't care if you are legal or not...you worked so you have to be paid....
There are also some organizations who will help you with that...
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#6
03-12-2009, 12:47 AM
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bn1
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Quote:
Originally Posted by dream3320 View Post
Be very careful with this.. I had an experience with a restaurant I worked for in NYC in which I had to get paid over $600 and since I didn't have the documents needed to fill out a W-9 form they never paid me.. I explained my situation but they didnt care at all.. All they said was "go apply for residency and come back for your check, we'll only hold it for 6 months though"

So be careful and if all theyre asking you for is the ITIN then you're lucky because most employers ask for documents showing you're legally alllowed to work.

Also, I've noticed you're very closed about some stuff even though you'd like to explain but I'm just letting you know that we're all in this together and you should be comfortable. It's all up to you though.
Oh man, those people are assholes. A restaurant that pays in checks? that's bullshit, 90% of the time restaurants pay cash, even for US citizens... its a way for them to avoid taxes.
Someone else would lie in that W-9, take the check and disappear. Do you work right now?


To the translator guy:
That's form W-9 http://www.irs.gov/pub/irs-pdf/fw9.pdf
Read page 3, under "Part 1: Taxpayers Identification Number (TIN)", it says that if you don't have a SSN you can put your ITIN there. Legal? You are not allowed to work, so it's illegal and you are breaking immigration law, but it's not illegal for the IRS because they get their taxes.
I think its ok but wait for other people to reply.
Last edited by bn1; 03-12-2009 at 12:49 AM..
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#7
03-12-2009, 11:40 PM
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Quote:
Originally Posted by bn1 View Post
Oh man, those people are assholes. A restaurant that pays in checks? that's bullshit, 90% of the time restaurants pay cash, even for US citizens... its a way for them to avoid taxes.
Someone else would lie in that W-9, take the check and disappear. Do you work right now?
Yeah they were assholes.. The most frustrating part was them saying "just go apply and i'm sure it will only take a couple of months to get your residency and then you come get your check". I was just like wow these people are so ignorant.
The reason they didn't pay cash is because it was a part of a huge corporation of restaurants. I forget the name of the corporation but the restaurant was the Rock Center Cafe, it's the one right next to the ice skating rink on Rockefeller Park in NYC.
The only thing I got from that restaurant were my tips from those 2 weeks but they kept my $600.
I couldn't lie on the W-9 either because I did lie but 2 days after I handed it in the manager came to me and said she needed proof that I was eligible to work since they do it to every single employee (I'm white skinned with green eyes and look american so it wasnt any racial issues or anything) and thats when I got screwed because the check couldnt be handed to me unless they had all my documents in the system.
Yes I'm currently working for my girlfriend's dad, it's an easy job, i'm doing way better than I did in any other job and getting paid cash.
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#8
03-13-2009, 12:04 AM
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bn1
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Quote:
Originally Posted by dream3320 View Post
Yeah they were assholes.. The most frustrating part was them saying "just go apply and i'm sure it will only take a couple of months to get your residency and then you come get your check". I was just like wow these people are so ignorant.
The reason they didn't pay cash is because it was a part of a huge corporation of restaurants. I forget the name of the corporation but the restaurant was the Rock Center Cafe, it's the one right next to the ice skating rink on Rockefeller Park in NYC.
The only thing I got from that restaurant were my tips from those 2 weeks but they kept my $600.
I couldn't lie on the W-9 either because I did lie but 2 days after I handed it in the manager came to me and said she needed proof that I was eligible to work since they do it to every single employee (I'm white skinned with green eyes and look american so it wasnt any racial issues or anything) and thats when I got screwed because the check couldnt be handed to me unless they had all my documents in the system.
Yes I'm currently working for my girlfriend's dad, it's an easy job, i'm doing way better than I did in any other job and getting paid cash.
That's why it's the best to ask the manager in the job interview if they pay in cash or check. If they say that they pay in cash - they avoid paying taxes so they won't ask you to fill a tax form. In the other hand, if they say that they pay in check then you will know that you shouldn't work there.

That's very good that now you're working through someone you know, that's really the best way, just don't break up with her and you are good
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#9
03-14-2009, 12:02 AM
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^ Haha yup.
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