medabots

hi, i have a question regarding a w9. my situation is that i'm a uk citizen who came to the u.s. on a k1 visa, married my us citizen wife, and am now filing for aos (green card) and employmeny authorizatipn and advanced parole.

to earn a little cash, i complete surveys online..it's good for a couple hundred dollars a month..now one of my sites is asking for me to complete a w9 in order for them to continue issuing payment for me. obviously i am not yet a u.s. citizen, can i complete a w9? or am i screwed and should i just stop using this particular site?
thanks

kimilseung

If you are in the process of getting employment authorization then would I be right in assuming that you do not have permission to work in the US? I think this activity would be considered work and liable to tax.

medabots

i understand that it is liable to tax..can i therefore fill in a w9? i'm fine with doing so, i understand i have to pay taxes if i have to pay taxes. can i complete this form with my current status? i'm not a citizen or permanent resident yet.

Noorah101

If you do not have your EAD in hand yet, you are not supposed to be working.

Do you have your SSN yet?

Rene

kimilseung

I would think that completing a W9 would be self incriminating. (I have no idea if working without authorization is actually considered criminal)

Noorah101

Looking at the W-9, which of the boxes would you check under "Check appropriate box for federal tax classification"?

Rene

Noorah101

It's not criminal, and probably has no impact on his AOS, but the employer could get in trouble for hiring someone without proper work authorization. Usually unauthorized work is forgiven by USCIS when the AOS is done by marriage to a USC.

Rene

Noorah101

A W-9 is usually what an employer requires in order to issue a 1099 earnings statement at the end of the tax year. The only box I can see for the OP to check would be "sole proprietor", but he can't be a sole proprietor (i.e. self employed) until he has his EAD in hand.

Rene

medabots

i would tick the 'individual' box, and yes i have my social security..have had it for three months now. no ead probably til august

kimilseung

good to know.

Noorah101

You can't tick the "individual" box, because that would mean you're self-employed. You currently don't have the authorization to be self-employed.

I guess you CAN fill it out and return it, as long as you know you're doing it while unauthorized to work.

Rene

medabots

this company wouldn't be the ones to forward it to the irs, right? it'd be my responsibility when tax season comes around next april? as long as i'm paying my taxes, that's all they care about, isn't it?

Noorah101

This company will report their expense (the money they pay you) to the IRS, as a deduction on their tax return. They will be claiming they hired an individual (sole proprietor) to do some work. At the end of the year, you will receive a 1099 statement from this company, showing how much you earned from them, and you will use the 1099 to report these earnings on your tax return.

At least they're not asking you to do an I-9.

Rene

medabots

and i could then show that 1099 when i do my tax return next april? but are the irs notified before it's tax season next year?

Steve_

Yes, you can.