Employment /Tax status question

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  • qwertee123

    Choose Freedom
    MDS Supporter
    Apr 18, 2009
    4,384
    Stuck in MoCo ...
    Does anyone know an HR professional and/or CPA who can answer a question about US employment and tax obligations of resident aliens?

    Basically, I am trying to find out if someone with an I-551 visa is authorized to work in the US and whether or not they are tax-exempt?
     

    qwertee123

    Choose Freedom
    MDS Supporter
    Apr 18, 2009
    4,384
    Stuck in MoCo ...
    They pay taxes like anyone else if they make money.

    Now, if they dont want to pay taxes, that is something else.

    See #3 for work authorization:

    If you work in the US then you pay taxes.

    That’s what I thought too, but I need someone to explain it clearly citing the relevant laws and any exceptions that might apply.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    50,119
    SoMD / West PA
    With the above said.

    The permanent resident alien needs to get a social security number. Its easy enough to get, once a green card is in hand.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,688
    variable
    Does anyone know an HR professional and/or CPA who can answer a question about US employment and tax obligations of resident aliens?

    Basically, I am trying to find out if someone with an I-551 visa is authorized to work in the US and whether or not they are tax-exempt?

    Authorized to work. Not tax exempt.

    I551 is the stamp in the passport that indicates permanent resident status prior to the actual plastic green card being printed.

    There is one little exemption. If you are on certain non-immigrant visas that allow you to work (J1, some F1) the worker is exempt from payroll taxes for one year. I don't remember the rationale but it applies to some 'work study' type deals that last less than a year.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,688
    variable
    Thanks everyone for the comments.

    I got clarity on the matter today.

    Definitely needs tax ID number and employment authorization document.

    If he has a 551 stamp or a physical green card, he does not need the EAD. The EAD is prior to obtaining permanent resident status. E.g. someone is on a work visa and his company applies for a green card for him. During the waiting period, they receive an EAD and a travel permit which is valid until the green card is issued.

    He also needs a social security number, not a tax id. With the green card in hand he can get the social at the social security office. A social issues with a green card / I551 looks like a normal one. One issued based on a work or student visa says 'Not authorized to work without USCIS authorization '.
     

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