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Can Your Employer Require That You Provide Your Social Security Number

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  • 01-28-2017, 11:30 AM
    beatthegame
    Can Your Employer Require That You Provide Your Social Security Number
    I worked for this small company for six months. Before I got hired, I was told by my boss that the company was willing to sponsor me, but I need to pay for the legal and processing fee since there is no way for the company to have the ability to pay for that. At that time I wasn’t thinking to much and just wanted to get a job to start with it. After I started the job for a month, I realized that my boss paid everyone under the table, which not through payroll but by paycheck, so I wasn’t sure if my boss had deducted tax in the paycheck, because the amount I was told I would get in the beginning showed up exactly the same on the paycheck. And paycheck was never paid on time, everybody needs to go up and ask my boss for the paycheck.

    My boss never gave me any form of document like contract to indicate a employee-employer relationship. Even though I asked, my boss tended to delay it. So a month ago my boss found another person to in place of my position, but the company can still help me process my H1B as my boss wanted to be “nice” and wanted me to be able to stay in the country. this is highly illegal, so I didn’t want to process H1B anymore. Moreover, I am on the process of submitting I-130 form to get K-1 visa now.

    The issue is now she is asking my SSN and all sort of information to file 1099 tax form. I asked her to clarify the status of my job, she is telling me that I was hired upon as contractor, which is not true, since I didn’t even know I was hired as contractor in the beginning, nor there is any contract involved. She is so urgent to obtain my information now that she said if she didn’t upload the tax form I will be in trouble from IRS for tax issue.

    Till now, she still hasn’t paid me my last month paycheck. When I asked, she said she need to talk to me to clear it up.

    So the question I have now is that I don’t trust her and I do not want to provide her any information. I don’t want her to get any sort of benefits like tax deductions for the company through me either. If I insist on not giving her all the info, will I get into trouble from IRS that I am not paying any tax?

    Thanks in advance!
  • 01-28-2017, 11:36 AM
    cbg
    Re: Paycheck Tax Which I Am Not Informed
    It doesn't matter whether you are an employee or an IC, either way you need to give your employer your SSN.
  • 01-28-2017, 11:54 AM
    flyingron
    Re: Paycheck Tax Which I Am Not Informed
    You have way more issues than just the way you are getting paid. If I read this right you are working here ILLEGALLY and your employer is employing you ILLEGALLY. There's no such thing as an I-135 visa. You'll have to explain just what you are trying to accomplish there.

    Do you actually have a SSN?

    Anyhow, regardless of whether they take tax out (considering you an independent contractor, validly or not), you are responsible for paying taxes and yes the payer will need your SSN, as CBG says.

    You should talk to an attorney before you continue to break the law and cause yourself further issues with the tax and immigration "man."
  • 01-28-2017, 12:13 PM
    beatthegame
    Re: Paycheck Tax Which I Am Not Informed
    Yes I do. And I meant K-1 visa and I-130 form.
  • 01-28-2017, 12:28 PM
    cbg
    Re: Paycheck Tax Which I Am Not Informed
    I cannot imagine a set of circumstances under which you would not have to give your SSN to your employer, regardless of what your status is and regardless of what visa you have. And yes, if you are not paying any tax you will most definitely be "in trouble with the tax man".
  • 01-28-2017, 12:35 PM
    flyingron
    Re: Paycheck Tax Which I Am Not Informed
    Quote:

    Quoting beatthegame
    View Post
    Yes I do. And I meant K-1 visa and I-130 form.

    How did you enter the US now?
  • 01-28-2017, 12:36 PM
    beatthegame
    Re: Paycheck Tax Which I Am Not Informed
    Okay, either way I need to provide my employer SSN, but could the employer withhold my last paycheck for tax purpose?

    I am on my OPT
  • 01-28-2017, 01:40 PM
    llworking
    Re: Paycheck Tax Which I Am Not Informed
    Quote:

    Quoting beatthegame
    View Post
    Okay, either way I need to provide my employer SSN, but could the employer withhold my last paycheck for tax purpose?

    I am on my OPT

    Yes, they could withhold your last paycheck until you provide the necessary information.
  • 01-28-2017, 02:48 PM
    Taxing Matters
    Re: Paycheck Tax Which I Am Not Informed
    Quote:

    Quoting llworking
    View Post
    Yes, they could withhold your last paycheck until you provide the necessary information.

    I’m not sure that’s correct. Upon what law or regulation are you relying for that position?
  • 01-28-2017, 02:53 PM
    flyingron
    Re: Paycheck Tax Which I Am Not Informed
    Quote:

    Quoting beatthegame
    View Post
    Okay, either way I need to provide my employer SSN, but could the employer withhold my last paycheck for tax purpose?

    I am on my OPT

    Ah, now the salient details. You are on an F-1 visa with OPT. Give them your SSN. There's no reason not too.

    Anyhow, the next question that now needs to be asked. Are you working for an outside company or some part of your school?
  • 01-28-2017, 04:58 PM
    beatthegame
    Re: Paycheck Tax Which I Am Not Informed
    It's an outside company.

    i researched online that actually if employed as independent contractor, employees can withhold their own tax, which means that employees can pay their own tax by themselves. Since my boss "clarified" I am employed as an independent contractor (which in fact she never told me or has any legal documentation indicating that), and I never told her straight up that I want her to withhold my paycheck for tax. I think that is illegal for employer just directly withholds your entire paycheck for tax.
  • 01-29-2017, 07:01 AM
    flyingron
    Re: Paycheck Tax Which I Am Not Informed
    In most cases you can't just elect to be an independent contractor or not. There's no such thing as an independent contractor EMPLOYEE. You are either an employee or a contractor. I would suspect that the nature of your work mandates that you are an employee NOT an independent contractor. This decision is NOT made based on whether the employer withheld taxes or not, it's the other way around, they are required to withhold taxes from employees and they are not for contractors. If you are an employee it is not your responsibility to tell them that taxes need to be withheld. They are REQUIRED to do so. In fact, it is on you to tell them NOT to withhold if you are in one of the very few situations where you are exempt from paying tax.

    You should get "her" to give you an explanation of the money paid and withheld. They are required at the end of the year to provide you a W-2 if you were an employee or a 1099 if you are a contractor (and made more than a small threshhold from them). If they erroneously failed to withhold taxes from you earlier, they indeed can take it out of a later check. Again, I would demand an explanation.

    If they are indeed classifying you as a contractor, you can indeed challenge that. I suspect at this point you are exempt from FICA so it probably won't make too much difference. Once you get resident work authroization, you may wish to watch such distinctions more carefully.
  • 01-30-2017, 07:30 PM
    jdbofky
    Re: Paycheck Tax Which I Am Not Informed
    Quote:

    Quoting llworking
    View Post
    Yes, they could withhold your last paycheck until you provide the necessary information.

    No, they cannot.
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