Tax return question
Mar 17th 2007, 2:36 pm
#16
Guest
Posts: n/a
Re: Tax return question
On Mar 17, 3:38 pm, coopa_troopa <[email protected]>
wrote:
> Me and hubby are GC holders, I'm employed full-time and been given a W2,
> hubby works part-time and gets paid by cheque but his employer doesn't
> deduct any taxes. Should we file jointly? Problem is, hubby has no proof
> of what he's earned other than having paid his cheques into our joint
> bank account. Any advice please?
>
> --
> Posted viahttp://britishexpats.com
as joe said. your husband should (if he's either employed or
contracted) receive a w2 or 1099 respectively. otherwise - w/o putting
myself in a noose - i'd be careful.
wrote:
> Me and hubby are GC holders, I'm employed full-time and been given a W2,
> hubby works part-time and gets paid by cheque but his employer doesn't
> deduct any taxes. Should we file jointly? Problem is, hubby has no proof
> of what he's earned other than having paid his cheques into our joint
> bank account. Any advice please?
>
> --
> Posted viahttp://britishexpats.com
as joe said. your husband should (if he's either employed or
contracted) receive a w2 or 1099 respectively. otherwise - w/o putting
myself in a noose - i'd be careful.
Mar 17th 2007, 3:23 pm
#17
Concierge
Joined: Apr 2001
Posts: 46,474
Re: Tax return question
What will make a difference is social security earnings and deductions. Since none are withheld and given to social security, the employee cannot be accumulating quarters for social security benefits. In order to receive benefits, one has to pay into it. As self-employed he can do this on his own, of course, but a tax accountant is the one best able to tell him how to proceed.
If it were me, I would be looking for another source of employment. One in which I was working for someone else who is withholding taxes, paying disability insurance and deducting from my salary and contributing the employer portion to social security.
If it were me, I would be looking for another source of employment. One in which I was working for someone else who is withholding taxes, paying disability insurance and deducting from my salary and contributing the employer portion to social security.
coopa troopa -- just my humble opinion, but...
Whether your husband is an "employee" or a contractor/self-employed won't make any difference to the IRS. That is to say, he's not going to get in trouble with regard to his taxes (or with regard to any government agency) as long as he declares all of the income he earned and pays tax on it.
If he should be considered an employee according to the sources that Farmers wife pointed you to, that just means your husband may be losing out on certain benefits that he ought to be entitled to. He's losing out on benefits, he's losing out on workers comp coverage, employer should be contributing towards his social security, etc etc. In this situation, I guess he can try to negotiate with the employer, he can try to sue the employer into compliance, and/or he can find a new job. But I wanted to reassure you that you're not going to screw up your taxes and get in trouble with the IRS because you file as self employed instead of making the employer treat you as an employee. IRS just cares that you pay what you owe.
Whether your husband is an "employee" or a contractor/self-employed won't make any difference to the IRS. That is to say, he's not going to get in trouble with regard to his taxes (or with regard to any government agency) as long as he declares all of the income he earned and pays tax on it.
If he should be considered an employee according to the sources that Farmers wife pointed you to, that just means your husband may be losing out on certain benefits that he ought to be entitled to. He's losing out on benefits, he's losing out on workers comp coverage, employer should be contributing towards his social security, etc etc. In this situation, I guess he can try to negotiate with the employer, he can try to sue the employer into compliance, and/or he can find a new job. But I wanted to reassure you that you're not going to screw up your taxes and get in trouble with the IRS because you file as self employed instead of making the employer treat you as an employee. IRS just cares that you pay what you owe.
Mar 17th 2007, 3:38 pm
#18
Guest
Posts: n/a
Re: Tax return question
coopa_troopa wrote on 03/17/07 18:01:
>> Actually, my alien husband is self-employed as well. He's an
>> independent contractor, and he gets his work from shops who hire him
>> on an as-needed basis. Sometimes he receives 1099's, sometimes not.
>> We just report all the income he makes, regardless of what the
>> 1099's show.
>>
>> If you do indeed list his income as a self-employed person, and if you
>> itemize deductions on your taxes, there are a bunch of deductions that
>> a self-employed person can take. Definitely something to look into,
>> and would be beneficial to you. Either that or have him ask the HR
>> department at his company why he's not receiving a W-2.
>>
>> Rene
>
> Rene, he has been asking for a W2 since January, but nothing has been
> forthcoming. The employer is a one-man company, my husband is the
> only employee.
>
An employer is required to give the employees a W-2. If he doesn't, the
employees can get the help of the IRS to get the W-2. See the IRS website.
Size of the company does not matter.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
>> Actually, my alien husband is self-employed as well. He's an
>> independent contractor, and he gets his work from shops who hire him
>> on an as-needed basis. Sometimes he receives 1099's, sometimes not.
>> We just report all the income he makes, regardless of what the
>> 1099's show.
>>
>> If you do indeed list his income as a self-employed person, and if you
>> itemize deductions on your taxes, there are a bunch of deductions that
>> a self-employed person can take. Definitely something to look into,
>> and would be beneficial to you. Either that or have him ask the HR
>> department at his company why he's not receiving a W-2.
>>
>> Rene
>
> Rene, he has been asking for a W2 since January, but nothing has been
> forthcoming. The employer is a one-man company, my husband is the
> only employee.
>
An employer is required to give the employees a W-2. If he doesn't, the
employees can get the help of the IRS to get the W-2. See the IRS website.
Size of the company does not matter.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
Mar 18th 2007, 7:39 am
#19
BE Enthusiast
Joined: Nov 2006
Location: Oregon
Posts: 612
Re: Tax return question
Check out this web site to find your State Dept of Labor and contact them.
http://www.dol.gov/esa/contacts/state_of.htm
The State Depts are used to dealing with the employer/employee relationship and disputes of this nature and will advise you of what to do next.
IMO it would not be wise for your husband to retrogressively consider himself
self employed if he believed he was not, especially for any job involving hazardous chemicals. He would not have had the required business licenses, permits, liabilty insurance, record keeping etc.
http://www.dol.gov/esa/contacts/state_of.htm
The State Depts are used to dealing with the employer/employee relationship and disputes of this nature and will advise you of what to do next.
IMO it would not be wise for your husband to retrogressively consider himself
self employed if he believed he was not, especially for any job involving hazardous chemicals. He would not have had the required business licenses, permits, liabilty insurance, record keeping etc.
Mar 18th 2007, 2:39 pm
#20
Account Closed
Joined: Mar 2004
Posts: 2
Re: Tax return question
A friend was in a similar position, no WC and got badly injured on the job.
He did consulat a lawyer, but the company had no real assets so no pint taking an action, he did get some tokenistic payments from the Employer, but not the same as WC
He did consulat a lawyer, but the company had no real assets so no pint taking an action, he did get some tokenistic payments from the Employer, but not the same as WC
