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Under what conditions an individual becomes a US resident, what forms must be submitted
and what taxes must be paid.
Answer: Temporary workers and those in non-immigrant visa status who are authorized to work
in the United States by the Department of Homeland Security (DHS) can get a Social Security number
(SSN). Only non-citizens authorized to work in the U.S. are eligible for a Social Security number.
1. If you are age 18 or older, you can apply for a social security number in your home country
when you apply for an immigrant visa with the U.S. Department of State. The U.S. government will use
the same information that you give to apply for an immigrant visa to apply for an SSN.3
Your social security card will arrive at your mailing address about three weeks after you arrive in
the U.S. If you apply for the Social Security number outside of the U.S., you do not have to visit an
American Social Security office after entry into the United States.
The Social Security Administration recommends that you wait ten days after arriving in the
country to "make it easier for us to verify your Department of Homeland Security documents online,
which will speed processing of your Social Security number application." Applying for a Social Security
number is free.
Form
ss-5 (1).pdf
ss-5 (1)
.pdf
139.13 kB
2. Which form of company ownership is best for US residents?
Answer: This depends on what your goals are and what the business is. If you want to have
payroll then 1120S is ok. The LLC has less benefits, this should be discussed.
Submit Form W-8 BEN when requested by the withholding agent or payer whether or not you
are claiming a reduced rate of, or exemption from, withholding.
The company needs to register in each state it has employees, pay federal SS, Medicare and
Unemployment, States vary, all have unemployment, some do not have state wage withholding.
4.1. What payroll reporting is for c-corps? What taxes need to be paid? Is it mandatory to pay
dividends and salaries for C-corps? (c-corp Wyoming) Same answer for taxes but there is no specific
requirement that the corporation has to have payroll. However, if they do accept payment for their
services, the IRS has issued some guidelines that the team should follow. Look at the Form SS8
determination of the status of a worker for purposes of federal employment taxes and income tax
withholding.
4.2. A corporation that is registered in Delaware received a letter from the Delaware
Department of Labor stating that no quarterly returns were being filed. The director of the company is a
non-resident. On what basis could this letter have been received? What steps can we take to clarify
what the letter is? Answer Was there sales tax?
4.3. Does it make sense to employ in SMLLC? An SMLLC is exactly the same as a limited liability
company (LLC) except that it is designated as only having one member.