W-9 tax form while on EAD?

[Rhaenerys 16]

Hi all.

I'm in the US on a K-1 visa, I got married and applied for AOS. I have my combo EAD/AP card, and I recently got a part time job with a small local business.

At my job, I'm classified as an "independent contractor" and I will be invoicing the company directly for my hours.

Here's my question: they sent me a W-9 tax form to fill out,but I'm not sure if it's the right form. Here are the details:

The W-9 form instructions state" Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it" and it also defines a US person as:

For federal tax purposes, you are considered a U.S. person if you are:

● An individual who is a U.S. citizen or U.S. resident alien,

● A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States,

● An estate (other than a foreign estate), or

● A domestic trust (as defined in Regulations section301.7701-7).

And the instructions also say:
"Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities)."

I'm not trying to avoid taxes or anything, I just want to fill out the correct form! Can anyone advise on what I should do?

[waitingstill21 44]

Thats the correct form a W-9 is the form used for contractors who will receive a 1099 at the end of the year to use to file taxes.

[VOL 425]

Just be aware if you fill a w9 then at the end of the year you will probably pay more year end taxes, unless you have legit deductions.

Can you find a job where you are considered an employee and fill out a W4, that way the company pays most of your taxes and you will get money back.

W9 you will owe the taxes that are not taken out each pay period.

Google employee versus independent contractor and study up on it....

[Rhaenerys 16]

Just be aware if you fill a w9 then at the end of the year you will probably pay more year end taxes, unless you have legit deductions.

Can you find a job where you are considered an employee and fill out a W4, that way the company pays most of your taxes and you will get money back.

W9 you will owe the taxes that are not taken out each pay period.

Google employee versus independent contractor and study up on it....

It's only 6 hours a week for 6 months, so I'm not too concerned about that. I'm looking for a real employee type job as well.

I am just curious if W-9 is the right form since I'm not technically a "US person" by the definition on the form.

[waitingstill21 44]

It's only 6 hours a week for 6 months, so I'm not too concerned about that. I'm looking for a real employee type job as well.

I am just curious if W-9 is the right form since I'm not technically a "US person" by the definition on the form.

You have an EAD and SSN which makes you eligible to work....you currently do not have a title but for purposes of the form you are a "US person". I am an employer and have 1099 contractors and one is also in the process of AOS and this form is required. In order to work you must pay taxes so all employees are required to either fill out a w-4(taxes withheld) or w-9(no taxes withheld independent contractor).

[Rhaenerys 16]

Perfect, thanks very much!