EAD- do we fill out W-4 or 8233 form!?

[Flowerslove21 0]

HI all.

My husband recently just got a job and we are trying to fill out the forms required...

The first question that is asked while we are doing this is "are you a nonresident alien?" I would think yes- since oshane is still waiting on his green card (AOS)

But when I say yes.. it directs me to Form 8233... which is just very confusing.. and doesnt ask anything about his EAD just his K-1 Visa, information... is He suppose to

fill out a W-4 now that he has his EAD? or do I try and figure out how to fill out the 8233... any information would be sooo appreciated ..

thank you!

D

[grrrrreat 109]

HI all.

My husband recently just got a job and we are trying to fill out the forms required...

The first question that is asked while we are doing this is "are you a nonresident alien?" I would think yes- since oshane is still waiting on his green card (AOS)

But when I say yes.. it directs me to Form 8233... which is just very confusing.. and doesnt ask anything about his EAD just his K-1 Visa, information... is He suppose to

fill out a W-4 now that he has his EAD? or do I try and figure out how to fill out the 8233... any information would be sooo appreciated ..

thank you!

D

So, he is still a nonresident alien because his adjustment is not complete. Form W-4 is still required, though, so I'm not sure what you mean when it says it directs you to Form 8233. Form 8233 is used to obtain certain exemptions from tax withholding, based on the tax treaty between the U.S. and your home country. If you aren't claiming such an exemption, W-4 is the way to go.

He should fill out and submit another W-4 when he gets his LPR card, because then his employer will start deducting social security and medicare taxes on the same basis as U.S. citizens.

Edited to note that there's also a "physical presence test" to see if he is a resident alien, in addition to the rule that LPRs are always resident aliens. If he has been present in the U.S. for awhile, read this guide: http://www.irs.gov/pub/irs-pdf/p519.pdf

Edited May 22, 2012 by grrrrreat

[Flowerslove21 0]

Thank you very much.. its online filing process.. so its options were confusing to me and it directed me straight to FOrm 8233.. but we got around it!

Thank you very much!

[grrrrreat 109]

Thank you very much.. its online filing process.. so its options were confusing to me and it directed me straight to FOrm 8233.. but we got around it!

Thank you very much!

Sounds like a poorly designed program.

I also realized that even if he isn't considered a resident alien now, he probably will be by the time he files 2012 taxes, so W-4 is definitely the way to go. If he tried to claim an exemption with Form 8233 he might have to pay it back in 2013!

And do update that form when you get the LPR card.

Edited May 22, 2012 by grrrrreat