Urgent ! Help needed with tax forms for self employed petitioner !!!

[Tisa 9]

It was a suggestion nothing to get offended over.

It's his job, he deals with his boss, he probably would be able to explain more things than you can.

Don't jump down people's throats for just trying to help.

I don't see where I jumped on people's throats. I'm always friendly and thankful for any help. Your post was not helpful at all and i didn't see the sense in it. That's my opinion and not me jumping on anyone's throat.

[usmsbow 801]

http://www.irs.gov/taxtopics/tc154.html This tells you exactly what to do so he will receive his W-2 or 1099 as appropriate. No need to guess or speculate as to whether he is an employee or independent contractor. If the employer paid him the employer is required to provide him with documentation of what he was paid and what taxes were withheld.

No, that doesn't tell her exactly what to do. That link is info about W-2s and 1099-R, which is about Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts. He would receive a 1099-MISC if a contractor or W-2 if employee.

Thank you

Maybe because everyone says something different and I'm very confused. Like I said I don't mean to come off stupid i am just trying to do the right thing

The one thing that EVERYONE has agreed on is he needs to file his taxes. What people are arguing about is what he needs to have for filing.

Edited: the good news is you haven't received your NOA2 yet, so at least you have time and your fiance has a month more to file his taxes. As others have advised, he should get more info to find out what he needs to do in order to get his tax return done.

Edited March 13, 2015 by usmsbow

[Cathi 5,748]

Don't take this the wrong way, but if you are trying to bring another human being to the United States and you do not know how to file taxes you are in for a world of pain. What your boss doing is illegal by the way. I suggest finding a new job fast. You need to get your act together. By the way, as an independent contracter you need to be paying taxes every quarter. If you don't, it'll catch up to you.

read, she is the BENEFICIARY. Her boyfriend is the US citizen working at the gym

[Ortolan 381]

1. Did your fiancé keep any records, like copies of the checks he received? Does he have a good idea about how much he made last year, and did he file income tax papers in the last year? He'll need a copy of those papers.

2. If he's supporting himself, and going to be supporting you for a bit, he's going to need proof of income and maybe a co-sponsor. So get him to look back through his banking records for checks from the gym.

3. I also am self-employed; I get a 1099-MISC from my various clients. I also have to pay self-employed income tax quarterly...and he should be doing this as well, if he's truly self-employed.

4. He can always go down to the local IRS office and ask them for help; it's no big deal just to go and ask them questions, and it's free. I know a lot of people are scared of talking to the IRS but the local offices usually have helpful people there. He can also use TaxAct.com to file his income taxes for free. Some kind of professional help would be better for him than for us all to be pondering the question here. Go get real help from the IRS, sooner rather than later, because the April 15 tax filing deadline is approaching.

[Tisa 9]

1. Did your fiancé keep any records, like copies of the checks he received? Does he have a good idea about how much he made last year, and did he file income tax papers in the last year? He'll need a copy of those papers.

2. If he's supporting himself, and going to be supporting you for a bit, he's going to need proof of income and maybe a co-sponsor. So get him to look back through his banking records for checks from the gym.

3. I also am self-employed; I get a 1099-MISC from my various clients. I also have to pay self-employed income tax quarterly...and he should be doing this as well, if he's truly self-employed.

4. He can always go down to the local IRS office and ask them for help; it's no big deal just to go and ask them questions, and it's free. I know a lot of people are scared of talking to the IRS but the local offices usually have helpful people there. He can also use TaxAct.com to file his income taxes for free. Some kind of professional help would be better for him than for us all to be pondering the question here. Go get real help from the IRS, sooner rather than later, because the April 15 tax filing deadline is approaching.

He worked at a store before he started this job as a coach and he did file taxes for his job at the store. All he has been keeping for the past couple weeks was his receipt he got from the bank when he cashed his checks. I will also tell him to make a copy from now on. Reading peoplea Replies here Im not sure if he is truly self employed the gym owner pays him. Thank you very much for your suggestion concerning talking to IRS. I will definitely tell him to do that. Thank you for your help

1. Did your fiancé keep any records, like copies of the checks he received? Does he have a good idea about how much he made last year, and did he file income tax papers in the last year? He'll need a copy of those papers.

2. If he's supporting himself, and going to be supporting you for a bit, he's going to need proof of income and maybe a co-sponsor. So get him to look back through his banking records for checks from the gym.

3. I also am self-employed; I get a 1099-MISC from my various clients. I also have to pay self-employed income tax quarterly...and he should be doing this as well, if he's truly self-employed.

4. He can always go down to the local IRS office and ask them for help; it's no big deal just to go and ask them questions, and it's free. I know a lot of people are scared of talking to the IRS but the local offices usually have helpful people there. He can also use TaxAct.com to file his income taxes for free. Some kind of professional help would be better for him than for us all to be pondering the question here. Go get real help from the IRS, sooner rather than later, because the April 15 tax filing deadline is approaching.

What If we just told uscis that he didnt file his taxes yet ? Noa2 is right around the corner for us. I'm just looking for a glimmer of hope for this petition to be approved

[VOL 425]

Taxes for year ending 2014 are not due until April 15th....

[Ortolan 381]

Taxes for year ending 2014 are not due until April 15th....

What I mean is, since April 15 is approaching they're going to get really busy; they'll be able to answer his questions if he goes sooner.

[san diego 407]

OP, Please, do not listen to

ascertainLovE. He is wrong. Waiters have to file cash tips as income but never receive 1099. Just go to CPA and stop listening to this nonsense.

[ascertainLovE 165]

OP, Please, do not listen to

ascertainLovE. He is wrong. Waiters have to file cash tips as income but never receive 1099. Just go to CPA and stop listening to this nonsense.

Is he a waiter? a waiter should receive a W2.

You should just be quiet.

Edited March 13, 2015 by ascertainLovE

[ascertainLovE 165]

He worked at a store before he started this job as a coach and he did file taxes for his job at the store. All he has been keeping for the past couple weeks was his receipt he got from the bank when he cashed his checks. I will also tell him to make a copy from now on. Reading peoplea Replies here Im not sure if he is truly self employed the gym owner pays him. Thank you very much for your suggestion concerning talking to IRS. I will definitely tell him to do that. Thank you for your help

What If we just told uscis that he didnt file his taxes yet ? Noa2 is right around the corner for us. I'm just looking for a glimmer of hope for this petition to be approved

do you have a fixed schedule and do you report to your boss? Are you paid per session or hourly?

[Tisa 9]

do you have a fixed schedule and do you report to your boss? Are you paid per session or hourly?

Hourly. And his schedule changes cause the practice hours for the teams change. And yes he reports to his boss of I understood that question correctly.

[Avery Cates 1,141]

Guys I'm freaking out!

My fiancé woks at gym on a self employed basis. He told me all along that his boss is gonna give him a tax form so he can file for his taxes in order to prove his income on the affidavit of support. Now he finds out that his boss doesn't want to give it to him because it would mean he has to file for his own taxes as well which he doesn't want to because the gym isn't making enough money.

Can anyone help with this ??? How can me and my fiancé prove his income ?? Can he file for his taxes on his own without anything from his boss ?

It's something I am not familiar with at all.

I am very worried and need help please

The gym *should,* if he's an Independent Contractor be providing him with a 1099-MISC, but he doesn't need that to file his taxes. He does need to know how much he's earned however and report ALL of it.

However, it really sounds more like the gym owner is intentionally mis-classifying his workers as Independent Contractors to avoid being liable for employer taxes.

It sounds like your fiance was perfectly happy not reporting his taxes until it caused an issue with this immigration, which I have a hard time feeling bad for.

I would seek the help of an accountant or even better a Certified Professional Accountant. (CPA)

Edited March 13, 2015 by Avery Cates

[KayDeeCee 4,893]

Hourly. And his schedule changes cause the practice hours for the teams change. And yes he reports to his boss of I understood that question correctly.

Did he fill out a W-4 when he was hired there? Was it ever discussed that he would be paid 'under the table'? It does not seem he is actually a self-employed independent contractor, but was hired as an employee of the gym. The person that owns and runs the gym is the one wanting to evade taxes, so is paying him 'under the table'.

He still needs to file taxes on his own income, with or without the gym owner going the legal route. He also needs to find a new job with a better employer as soon as possible.

Having a co-sponsor will help him meet the sponsorship requirement for getting you the K-1 visa, but someone that is legally obligated to file taxes must do so before providing an affidavit of support. Even if he got away without filing the 2014 taxes for the I-134 and K-1 visa, he will not be that lucky once you are in the US, married and filing for AOS. AOS will require the I-864 and you either submit the most recent tax return or you provide a statement as to why you were not legally required to file. He is legally required to file, so he must.

See a CPA or at least a cheaper tax preparer about his options for filing.

[ascertainLovE 165]

However, it really sounds more like the gym owner is intentionally mis-classifying his workers as Independent Contractors to avoid being liable for employer taxes.

EXACTLY. People here are trying to say I don't know what I am talking about. It is very obvious the situation he is in. The theories about "waiters not needing x or uncle bob that has 7 clients that pay cash...blah blah blah"

as I mentioned earlier, at worst he should be getting a 1099, but the more likely scenario is that he W2 employee. Obviously, based on the OP's statements, her fiance's employer is a TAX EVADER and is paying cash under the table.

I'm done with the $%#! here speculating. You don't need a CPA to state the obvious.

[CowBoE 429]

There are several compounding issues here.

First, if you can find another qualifying sponsor, your visa processing will be fine,

so for now don't worry about this aspect...(though I will come back to this later)

Second, regardless of his work category, if he's paid for his work, he must file a tax.

You are only at the first step of a long visa & immigration processing, and his

tax filing status will come into play again and again, and there are legal and

financial complications for not paying the owed tax.

BTW, if he files as self-employed, he can get tax deductions on

many things like (car expenses, driving miles, job related purchases & expenses, etc.)

Third, there is a fine line between an employee vs. independent contractor

when dealing with small business. Small business owners want to call them

independent contractor and the worker want to be called employee.

This is because small business do not want to pay additional money

for his social security, unemployment insurance, and other benefits.

There are clear rules written on this distinction, but many small companies

do this illegally and in most situations, and when IRS gets involved,

they end up categorizing the worker as employee more often than not.

I know a close friend who went through this battle with IRS and lost.

Fourth, when your fiance files tax, it could back track to the small company

owner and get them in trouble also, but this is not your fiance's problem,

as IRS will determine if the owner cheated the tax.

Fifth, without the company's support, it'll be hard for your fiance to self

declare that he's an employee. So the easiest thing to do is to file a tax

and he can do that without the company issuing him the 1099. I have a

full time job in IT field, and I occasionally do side jobs, and though they

write me a company check, it's a nightmare to get them to issue a 1099,

so I just report them as income without 1099 and I've not had any problem for years.

Sixth, he should seek to get another job at a reputable place that handles

such tax related paperwork properly ASAP, so that he can start to maintain

clean records for future filing.

Seventh, based on other postings I've read, when someone earns sufficient

pay to sponsor, but it's in situations like this, where it's hard to get letter of

employment, show clear tax filing history, show clear pay stubs, etc.

they ask for more evidence. Therefore, even if he files tax, I think you may

still have risk of having to prove his income in more detail...which could become

challenging given the employee vs. independent contractor confusion.

In summary, I would do this...

1) Find a qualifying co-sponsor ASAP.

2) Seek tax accountant to file the tax (for simple single job situation, it should

only cost $200~$300).

3) See if can get a job as a full time employee, so that income/tax situation is clear

which will help with future filing as well, and so that he (and you later) can have

health insurance.

4) Lastly, it's good that you raised the question here, but don't just rely on this

short answers...while everyone is trying to answer your question, you can see

the confusion it's creating...and that's because how one interprets the situations

and the independent contractor & employee is a fine line...and often controversial.

Therefore, do 1), 2), 3) I mentioned above ASAP.