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  1. #1
    Join Date
    Jan 2017
    Posts
    4

    Unhappy 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!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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."

  4. #4
    Join Date
    Jan 2017
    Posts
    4

    Default Re: Paycheck Tax Which I Am Not Informed

    Yes I do. And I meant K-1 visa and I-130 form.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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".

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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?

  7. #7
    Join Date
    Jan 2017
    Posts
    4

    Default 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

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default 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.

  9. #9
    Join Date
    Oct 2014
    Posts
    8,238

    Default 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?

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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?

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