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K1, employment and tax

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Old May 20th 2007, 8:00 pm
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Default K1, employment and tax

Hello all, I hope one of you knowledgeable folk can help me. I’m a UKC and as well as my ‘normal’ job here in the UK I also work from home on a self-employed basis. The work is internet based and can be done from anywhere in the world. I will soon be moving to the US on a K1 visa and I hope that someone can help with my queries.

1. Am I right in assuming that the K1 visa authorises me to work from day 1 without an EAD? I will be self-employed so no problem with proving anything to anyone else.

I’m afraid the next part is more tax related than immigration related but I’m hoping someone will know the answer.

2. If I do work on a self-employed basis once I get to the US I will be paid by UK clients into a UK bank account. Does anyone know if I pay tax to the US or UK? Or, heaven forbid, both of them!

Thank you all in advance.

Gillian
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Old May 21st 2007, 12:13 am
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Default Re: K1, employment and tax

Originally Posted by English Muffin
1. Am I right in assuming that the K1 visa authorises me to work from day 1 without an EAD?
Correct. You will need to apply for a SS# but wait about 10 business days before applying once you're in the US to ensure that your name is in the system. That said, your K-1 only authorizes you for 90 days... so, once you're married, you will need to apply for an EAD so that you can continue to work. Now, after those 90 days but before your EAD arrives, you are technically not allowed to work... but any unauthorized work is usually forgiven for the spouse of a USC so I wouldn't worry too much about it.


2. If I do work on a self-employed basis once I get to the US I will be paid by UK clients into a UK bank account. Does anyone know if I pay tax to the US or UK? Or, heaven forbid, both of them!
I'm pretty sure there's a US/UK tax treaty... so, generally, you would declare your worldwide income on your tax return, and then subtract out that portion on which you've already paid tax. You will not be taxed twice... but you'll probably be paying the tax in the US since that's where the money was actually earned regardless of where your clients are.

Ian
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Old May 21st 2007, 2:47 am
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Default Re: K1, employment and tax

I agree with Ian on all counts.

Rene
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Old May 21st 2007, 6:47 am
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Default Re: K1, employment and tax

Thank you both.
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