Need recommendation for a tax attorney in NYC
 

Hi everyone. I'm in NYC on an E3, and need some advice regarding my tax liabilities in the US and UK. To be honest I'm not sure if I'll be best served by an accountant or lawyer, as my situation is a little unusual to say the least. I've been told I probably need to see a tax attorney who is familiar with this particular visa. If anyone thinks they can help I'll be happy to disclose more in a PM. Basically the situation involves tax liabilities in the US and an awkward situation with my employer. Thanks.

Re: Need recommendation for a tax attorney in NYC
 

Since you're anon. could you expand on the employer situation?
It may be of interest..adding to the body of knowledge.

Re: Need recommendation for a tax attorney in NYC
 

Sure - basically my employer hasn't given me W2s, despite requests, so I haven't been able to file.

Re: Need recommendation for a tax attorney in NYC
 

They have until the end of January.

If they don't, use this yourself.

http://www.irs.gov/pub/irs-pdf/f4852.pdf

(If there's some sort of dispute record all communication.)

Re: Need recommendation for a tax attorney in NYC
 

Thanks!

Re: Need recommendation for a tax attorney in NYC
 

Why, in particular, do you think a tax attorney should be needed? There are no visa specific complications that come to mind easily. With an E-3, you normally become a U.S. resident alien when you meet the substantial presence test. Resident alien = taxed on worldwide income, Non-resident alien = taxed on U.S. source income.

In a later post you say you did not receive a W-2. If that's for 2014, it's not due yet. Or is it for 2013 or earlier years? I expect the answer is, if you do not receive a W-2, is that the income still needs to be declared on a U.S. tax return.

E-3 is for Australian citizens, but you ask about U.K. tax liabilities - were you, or are you, also tax resident in the United Kingdom and do you have ongoing U.K. source income?

And do you have any income from Australia, bank interest, dividends, etc.? As soon as you become a U.S. resident alien, you need to include this income, as well as any other foreign income, on your U.S. tax return. You may take credit for Australian/foreign tax deducted.

Re: Need recommendation for a tax attorney in NYC
 

A general comment. I do not respond to case specific private messages. There are a number of reasons for this, including a. this is a forum for general discussion only, b. comments on open forum are always subject to clarification/supplements or even correction from others and c. comments on forum add to the general knowledge base for all users.

A further general remark. If income has been received, tax must be declared and paid even if the employer has not issued a W-2 (or 1099, for contractors).

We still have not been told whether this issue is restricted to 2014, or if there are returns for 2013 or prior years that have not been filed. In any case, the IRS will still accept late tax returns, although it would be recommended to discuss first with a tax attorney since there are likely to be penalties and interest. Also don't forget that New York State requires income tax returns, as well as the IRS.

Re: Need recommendation for a tax attorney in NYC
 

As noted previously, you still have to file, even if you do not receive a W-2.
There is also an IRS process for dealing with situations where an employer has not issued a W-2, despite being supposed to do so.
Form 4852, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.