Working OFF THE BOOKS.

[Vi Mazzella 4]

Hey Guys!!

I have a really good job right now but I got offered another job off the books, I'm pretty excited about that but my husband thinks that that could affect the process that we will start next year (Rem. Cond), you think something could happen???????????????????????

TY

Vi

[YuAndDan 153]

Working off the books or not paying income taxes is considered to be an illegal activity and your husband is correct, If you get caught it can cause you some big problems when it comes time for AOS. The big problem is called deportation.

Edited August 29, 2006 by YuAndDan

[iceyspots 0]

dont do it!

[zyggy 9]

I don't think it would come into play when one does remove conditions. But it would definitely come into play if they subsequently wanted to naturalize. Working under the table is tax evasion if your income from the work is not reported to the IRS. Committing a crime is a reason for deportation and denial of US Citizenship.

You can work for the guy, and get paid by the guy, but it's your responsibility to pay self-employment taxes on the income. Depending on how much the guy is paying you, it may not be worth it...

[allynella 0]

[diadromous mermaid 36]

Hey Guys!!

I have a really good job right now but I got offered another job off the books, I'm pretty excited about that but my husband thinks that that could affect the process that we will start next year (Rem. Cond), you think something could happen???????????????????????

TY

Vi

Two matters come to mind. One is SSA determination and releasing your sponsor of his obligation under the terms of the Affidavit of Support. Remember you must acquire 40 quarters of credits, or naturalise, or leave the country permanently, or worse yet, die, before that obligation is deemed satisfied.

It's dubious that failure to pay taxes could render you deportable, in fact, see the excerpt below, but inherent in naturalisation is the requirement to demonstrate Good Moral Character.

From: http://www.newworldman.us/archives/2005/10...were_a_leg.html

"Lee v. Ashcroft involved a Korean family who lived legally in the United States for some 20 years. In 1997 Ki See Lee and his wife Hyang Mahn Yang, who owned a Philadelphia dry cleaning business, pled guilty to filing false income tax returns for 1989, 1990 and 1991. Later that year, the Immigration and Naturalization Service sought their removal from the U.S. for conviction of an "aggravated felony." In relevant part, an "aggravated felony" was defined as:

An offense that -

(i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or

(ii) is described in §7201[4] of the Internal Revenue Code of 1986 (related to tax evasion) in which the revenue loss to the Government exceeds $10,000; . . .

The immigration judge held them removable under either of the above subsections. On appeal to the Third Circuit, the government conceded that "tax evasion" did not apply, but sought the removal of Lee and Yang pursuant to the "fraud and deceit" subpart. "This question cannot be answered solely by looking at 'the language itself,'" the majority said; "we must also be cognizant of 'the specific context in which that language is used, and the broader context of the statute as a whole.'"

Noting that tax evasion is specifically mentioned in the statute but other tax crimes are not, the majority held the provision to be sufficiently ambiguous so that resort would be made to divining the intent of Congress in drafting and passing the law. "[A]fter considering various tools of statutory construction, we believe that Congress’ intent is clear: in enacting subsection (M)(ii), it intended to specify tax evasion as the only deportable tax offense; it follows that it did not intend

subsection (M)(i) to cover tax offenses."

Judge Alito dissented. He said the subsection at issue set out two requirements:

First, the offense must “involve fraud or deceit.” This means that the offense must include “fraud or deceit as a necessary component or element.” Second, “the loss to the victim or victims” must exceed $10,000.

The offense of filing a false tax return and causing a tax loss of more than $10,000 satisfies these elements. “Fraud” or “deceit” is a necessary element of 26 U.S.C. § 7206(1), which makes it a crime to make or subscribe “any return, statement, or other document” that the defendant “does not believe to be true and correct as to every material matter.” In addition, causing a tax loss of more than $10,000 results in a qualifying “loss to the victim,” i.e., the United States Treasury.

(Citations omitted.) He went on to note that neither "fraud" nor "deceit" are elements of a federal crime of tax evasion under the Internal Revenue Code, so the bolting on of the tax evasion example, far from meaning it was the only tax crime Congress thought should lead to deportation, more likely meant that the "fraud and deceit" of the first part of the subsection did not include tax evasion, and Congress wanted to be sure all tax crimes that fit the bill were included."

[Lou Lou 1]

I wouldn't do it either And nor would I discuss it in a public forum

You say you already have a good job. Why risk doing something illegal?

[sparkofcreation 0]

Is it actually illegal for the OP if *she* pays taxes but her employer doesn't? I don't know, I'm just wondering. I'm a translator and I do a bazillion small jobs for different people and I'm sure they don't report to the IRS, but I always keep track and pay taxes. But then again I'm not working full-time for any of those people, at the most they might give me three or four jobs at $40-$100 a pop over the course of a year.

[saturn5man 0]

I wouldn't do it either And nor would I discuss it in a public forum

You say you already have a good job. Why risk doing something illegal?

With your name and photograph here too? Not worth the risk. Stay legal.

[Vi Mazzella 4]

Thank you for your fast responses....

I mention that I have a good job, the only problem are the hours, I have to be at my job at 6.00am so I have to leave my house at 5.10am, I'm working at this place for 8 months and I like the people and everything but I would like to get a 9 to 5 job and that's what I'm being offered (and a much better pay). I'm not desperate for that new job so don't worry, relax, I will never do anything illegal, for what????? I don't want to cause any problem or face deportation.

Thanks again guys......

[diadromous mermaid 36]

Is it actually illegal for the OP if *she* pays taxes but her employer doesn't? I don't know, I'm just wondering. I'm a translator and I do a bazillion small jobs for different people and I'm sure they don't report to the IRS, but I always keep track and pay taxes. But then again I'm not working full-time for any of those people, at the most they might give me three or four jobs at $40-$100 a pop over the course of a year.

Hypothetically, I doubt there's a way that the OP could pay her income taxes without being her own employer. If she considers the work as self-employment income, she'd be acting as the employer and paying both the employee tax and the requisite employer's share. If, on the other hand, she would want only to pay the trust tax portion of an employee's obligation and not the employer's share, then a 941 would need to be filed with IRS, but she couldn't file that on behalf of the employer. So, I am guessing that would not be possible.

[hcj 0]

You can take the job -- but only if you pay taxes on it. And those taxes will be higher than if you took a regular job on someone's payroll. Also you won't have benefits like health insurance, employer-sponsored 401k plans, etc. If it's still a better job after you factor in all those things, by all means take the job and start filing quarterly estimated taxes.

Regarding the extra taxes: you would have to pay the normal income tax PLUS self-employment tax (I think most or all of it goes towards social security). I am estimating that I will make something like $16,000 net this year on a contractor job and the estimated self-employment tax on that amount is around $2,500. On top of that I still have to pay regular income tax also.

On the plus side of the tax stuff, you will be a contractor or "self-employed" and filing Schedule C -- which means you can write off all your business related expenses to reduce your net income.

[clloyd 0]

Is it actually illegal for the OP if *she* pays taxes but her employer doesn't? I don't know, I'm just wondering. I'm a translator and I do a bazillion small jobs for different people and I'm sure they don't report to the IRS, but I always keep track and pay taxes. But then again I'm not working full-time for any of those people, at the most they might give me three or four jobs at $40-$100 a pop over the course of a year.

A 1099 is only required to be issued if more than $600 is paid to that individual.

[akdiver 3]

I have a really good job right now but I got offered another job off the books, I'm pretty excited about that but my husband thinks that that could affect the process that we will start next year (Rem. Cond), you think something could happen???????????????????????

I hope you get caught, get fined, thrown in jail for some period of time, and then deported with a permanent ban on re-entry.

Good luck!

AKDiver

[KarenCee 3]

I have a really good job right now but I got offered another job off the books, I'm pretty excited about that but my husband thinks that that could affect the process that we will start next year (Rem. Cond), you think something could happen??????????????????????

I hope you get caught, get fined, thrown in jail for some period of time, and then deported with a permanent ban on re-entry.

Good luck!

AKDiver

My my my somebody messed with your Cheerios didn't they! There is NO reason for being so snotty. I think she has already gotten the answers she needs.