Forum Replies Created

  • bountyhunter

    Member
    January 13, 2008 at 7:34 pm in reply to: Non-Resident Alien Issue
    Quote:
    BountyHunter,

    You may want to consider attaching the following form to the W-4, which redefines the word “W-4” to “W-8”, so that it doesn't matter what form you give them: you are STILL a nonresident alien:

    Payroll Withholding Form Attachment, Form 04.017

    http://sedm.org/Form…thForm-Long.pdf

    You may also want to attach the following form as well to the W-4:

    Affidavit of Citizenship, Domicile, and Tax Status, Form #02.001

    http://sedm.org/Form…ffCitDomTax.pdf

    We would also suggest SOMEONE ELSE giving it to them, and not you, and make sure they don't work for the company. Get an affidavit of service from that person, so you can prove they were notified of the legal requirements for withholding if a dispute arises in court later. See Form #01.002:

    http://sedm.org/Forms/FormIndex.htm

    If that doesn't work and they either terminate you or refuse to hire you, you have evidence to sue them in court from a neutral third party. DO NOT hand deliver ANYTHING to them. Everything should be mailed with a certificate of service or hand delivered by a neutral third party.

    This is all covered in the following:

    Federal and State Withholding Options for Private Employers

    http://famguardian.org/Publications/FedStateWHOptions/FedStateWHOptions.pdf

    Thank you, I will try these. I was also told that if I submitted a changed W-4 that the IRS, requires them to withhold at a single higher rate. I'm married and don't understand how they can do that. Any suggestions? Again, thank you

  • bountyhunter

    Member
    January 11, 2008 at 9:30 pm in reply to: Non-Resident Alien Issue

    😡 I haven't yet. But my employer is refusing to accept my W-8BEN form so now I have to fill out a W-4. They won't give me a letter stating they won't accept it, they say it's not a legal form.

    Philip wrote on Oct 13 2004, 09:04 AM:
    Has anyone in this group gone to court or know anyone who has gone to court on the main issue of being a Non-Resident Alien and won their case. Please let me know. This to me should be the most basic and simplest issue to win on. I may be wrong and if I am please let me know why, so I don't make the same mistakes as others might have. If their is any other information out their on this issue that can help me in my efforts to legiate this issue I would appreciate all of the help I can get. Thanks in advance for your help.

    Sincerly, Philip

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