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-   -   L1 Visa, UK Payroll - SSN? (https://britishexpats.com/forum/usa-57/l1-visa-uk-payroll-ssn-885589/)

graemef Oct 26th 2016 9:51 am

L1 Visa, UK Payroll - SSN?
 
Hi,

I'm being relocated to the US (Scottsdale, AZ) on 2-year project. I'll be on an L1 visa, but retaining the UK contract and will be paid through the UK payroll rather than the US payroll.

Do I need to get an SSN? Can't see anything online to confirm this one way or another. I've heard I don't but have read that anyone one anL1 visa needs an SSN.

Thanks in advance for your help

Jerseygirl Oct 26th 2016 10:22 am

Re: L1 Visa, UK Payroll - SSN?
 

Originally Posted by graemef (Post 12086707)
Hi,

I'm being relocated to the US (Scottsdale, AZ) on 2-year project. I'll be on an L1 visa, but retaining the UK contract and will be paid through the UK payroll rather than the US payroll.

Do I need to get an SSN? Can't see anything online to confirm this one way or another. I've heard I don't but have read that anyone one anL1 visa needs an SSN.

Thanks in advance for your help

Welcome to BE.

Yes...you certainly do need a SS #.

Rete Oct 26th 2016 12:56 pm

Re: L1 Visa, UK Payroll - SSN?
 
One reason you will need a social security number is driver's license. You need it because the department of motor vehicle requires it and since the L-1 allows you to have one, you must have one to get our license. You cannot drive on your UK license for more than a limited time lawfully.

Credit ratings are based on ss#'s.

Owen778 Oct 26th 2016 1:29 pm

Re: L1 Visa, UK Payroll - SSN?
 

Originally Posted by graemef (Post 12086707)
Hi,

I'm being relocated to the US (Scottsdale, AZ) on 2-year project. I'll be on an L1 visa, but retaining the UK contract and will be paid through the UK payroll rather than the US payroll.

Do I need to get an SSN? Can't see anything online to confirm this one way or another. I've heard I don't but have read that anyone one anL1 visa needs an SSN.

Thanks in advance for your help

Anyone who is a US (tax) resident is required to have an SSN to put in their US tax return.

This situation has tax complications. I don't know the exact details, but:
1. Either your employer will need to withhold US federal (and possibly state) taxes from your payroll, or you will need to make quarterly estimated tax payments.
2. Your employer will need to pay US employer payroll taxes instead of UK national insurance etc. I seem to remember there is a way to have employees on temporary placement in the US stay on UK NI instead, but don't know the details, and it's something they'd need to work out with a tax advisor.

markcst Oct 26th 2016 6:39 pm

Re: L1 Visa, UK Payroll - SSN?
 
I was on UK payroll for three months when I transferred over on my L1. I had to pay BOTH taxes and claim back the UK element (just recently).


It actually makes no real sense, in my book, to be on UK payroll from a tax perspective.


I had a VERY good tax advisor sort mine out (paid for by my company).


BTW you can get a Driver License without an SSN. My wife did.

MidAtlantic Oct 26th 2016 7:04 pm

Re: L1 Visa, UK Payroll - SSN?
 

Originally Posted by markcst (Post 12087286)
BTW you can get a Driver License without an SSN. My wife did.

Looks like AZ requires the SSN for a Driver License.

Cook_County Oct 26th 2016 7:08 pm

Re: L1 Visa, UK Payroll - SSN?
 
Of course you need an SSN. How else could your employer pay over your Federal and State withholding to the IRS every pay period?

Rete Oct 26th 2016 7:57 pm

Re: L1 Visa, UK Payroll - SSN?
 

Originally Posted by markcst (Post 12087286)
I

BTW you can get a Driver License without an SSN. My wife did.

According to the AZDOT, yes, you do need a SSN in order to get a driver's license.

http://azdot.gov/docs/default-source....pdf?sfvrsn=16

The only way that you can get a license without a SSN is by having the SSO issue you a letter stating you do not qualify for one. As a L-2 visa holder, you wife was eligible for a social security number.

Jerseygirl Oct 26th 2016 8:02 pm

Re: L1 Visa, UK Payroll - SSN?
 

Originally Posted by markcst (Post 12087286)
BTW you can get a Driver License without an SSN. My wife did.

That depends on the state you live in. For a NJ DL you have to provide several documents...including proof of address and a SS#. Most states really tightened up on this after 9/11...maybe Texas wasn't one of them. :blink:

markcst Oct 26th 2016 8:04 pm

Re: L1 Visa, UK Payroll - SSN?
 
OK Az is different to Texas. I stand corrected. :)


My wife was able to sign an Affidavit:


"Individuals who do not have a SSN, have never been issued a SSN, or are not eligible for a SSN can visit any driver license office and complete an affidavit attesting to such. Providing a false statement in connection with this affidavit will result in the cancellation of the driver license and may result in criminal charges. An affidavit is not acceptable for the issuance of a CDL."

Rete Oct 26th 2016 8:28 pm

Re: L1 Visa, UK Payroll - SSN?
 

Originally Posted by markcst (Post 12087365)
OK Az is different to Texas. I stand corrected. :)


My wife was able to sign an Affidavit:


"Individuals who do not have a SSN, have never been issued a SSN, or are not eligible for a SSN can visit any driver license office and complete an affidavit attesting to such. Providing a false statement in connection with this affidavit will result in the cancellation of the driver license and may result in criminal charges. An affidavit is not acceptable for the issuance of a CDL."

So instead of it coming from the SSO, she was able to proclaim her ineligibility to get a SSN herself.

Wonder why that was though since as an L-2, she was most certain eligible for a social security number and to apply for an EAD.

Owen778 Oct 26th 2016 8:51 pm

Re: L1 Visa, UK Payroll - SSN?
 

Originally Posted by Rete (Post 12087397)
So instead of it coming from the SSO, she was able to proclaim her ineligibility to get a SSN herself.

Wonder why that was though since as an L-2, she was most certain eligible for a social security number and to apply for an EAD.

The DPS website says "or" in the list of options, which suggests that you can sign the affidavit if you just haven't got round to applying for your SSN yet.
https://www.txdps.state.tx.us/DriverLicense/ssn.htm

I do wonder if that's also what the relevant Texas law actually says, but the website implies what she did was legal.

markcst Oct 26th 2016 9:32 pm

Re: L1 Visa, UK Payroll - SSN?
 

Originally Posted by Owen778 (Post 12087415)
The DPS website says "or" in the list of options, which suggests that you can sign the affidavit if you just haven't got round to applying for your SSN yet.
https://www.txdps.state.tx.us/DriverLicense/ssn.htm

I do wonder if that's also what the relevant Texas law actually says, but the website implies what she did was legal.


"or" is correct... We took advice from the reputable relocation company who are used by a number of British Dallas Based companies. The licensing office also processed on the basis of "or".


Also to get an SSN she must first apply for the right to work, which is a process which can take some time. She has only just got this (a month ago) and now I can take her to get her SSN, with that document in place.


Oh and of course she couldn't apply for right to work until she was in the country continuously for 90 days...

Noorah101 Oct 26th 2016 10:04 pm

Re: L1 Visa, UK Payroll - SSN?
 

Originally Posted by markcst (Post 12087450)
Oh and of course she couldn't apply for right to work until she was in the country continuously for 90 days...

What do you mean by this? An L2 visa holder can apply for an EAD immediately after entering the USA. No need to wait any certain number of days.

Rene


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