# w9 form after an internship with a J-1 visa + O1 visa pending application



## hache123

Hello,

I did a internship during one year in the US (2011), who was paid (1'500$ a month). When I arrived in the US, I thought I was on a payroll system with my company but it appeared they were considering me as a freelancer. My exchange company advised me in April that I had to fill a tax return form, but I felt not concerned as someone told me I will have to pay some taxes later on by myself. I ended my internship 2 months ago, and I am back in my country, but i wanna fill my taxes form. Which form do I need to fill, the W9 form? it says it is only for us persons, plus the company I worked for ask me to date this form with the starting date of my internship...january 2011. 

I'm not even sure now they were allowed to employ me as a freelancer, and I'm afraid to contact my exchange company about it as I have a pending application for a O1 visa at the USCIS right now. 

I don't wanna make any mistakes (if it's not already made!). Could someone advise me please on this case? 

Also do someone knows what is the percentage of the income made in 2011 that I will have to pay for the taxes, about 20%?

Thanks you so much.


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## Bevdeforges

The W-9 form is only for "US persons" which probably doesn't include you, as you weren't a citizen, nor a US residents.

Your best bet is to take a look through IRS Publication 519 US Tax Guide for Aliens http://www.irs.gov/pub/irs-pdf/p519.pdf, which includes a section on how to determine whether you should file as a non-resident or resident alien.

I wouldn't worry too much about the O1 application you have pending. Just get straight with your US earnings for 2011.
Cheers,
Bev


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## SteveOdem

hache123 said:


> Hello,
> 
> I did a internship during one year in the US (2011), who was paid (1'500$ a month). When I arrived in the US, I thought I was on a payroll system with my company but it appeared they were considering me as a freelancer. My exchange company advised me in April that I had to fill a tax return form, but I felt not concerned as someone told me I will have to pay some taxes later on by myself. I ended my internship 2 months ago, and I am back in my country, but i wanna fill my taxes form. Which form do I need to fill, the W9 form? it says it is only for us persons, plus the company I worked for ask me to date this form with the starting date of my internship...january 2011.
> 
> I'm not even sure now they were allowed to employ me as a freelancer, and I'm afraid to contact my exchange company about it as I have a pending application for a O1 visa at the USCIS right now.
> 
> I don't wanna make any mistakes (if it's not already made!). Could someone advise me please on this case?
> 
> Also do someone knows what is the percentage of the income made in 2011 that I will have to pay for the taxes, about 20%?
> 
> Thanks you so much.


The W-9 is to provide information - your name, address, and tax ID number (NOT visa or passport number). The payer uses this to report what they paid to you. 

CIS may want a tax clearance from IRS on your internship as part of considering your O1 application. 

Further, if you return to the US and leave, CIS may require you provide them with a sailing permit from IRS, which says, in essence, you have satisfied your tax responsibilities - or not, as the case may be. 

I suggest you complete the W-9, provide it to your (prior) employer, and file and pay relevant taxes.


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## Madonna

SteveOdem said:


> The W-9 is to provide information - your name, address, and tax ID number (NOT visa or passport number). The payer uses this to report what they paid to you.
> 
> CIS may want a tax clearance from IRS on your internship as part of considering your O1 application.
> 
> Further, if you return to the US and leave, CIS may require you provide them with a sailing permit from IRS, which says, in essence, you have satisfied your tax responsibilities - or not, as the case may be.
> 
> I suggest you complete the W-9, provide it to your (prior) employer, and file and pay relevant taxes.


But the W-9 is only for U.S. persons, as Bev stated.


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## hache123

So if I understand well, I need to fill this W-9 form, let my employer sign it (as they ask for a US person signature) and wait for more information then, when I'll be back in the US. As my internship has taken place during the 2011 year, I have until April to fill all the papers right? the USCIS won't freak out if they see I didn't already fill the taxes papers?

Do you have any idea of the tax amount I will have to pay, if you consider I've been paid around 17,000 $ for the entire 2011 year?

Thank you so much for all these informations. 
Best.









SteveOdem said:


> The W-9 is to provide information - your name, address, and tax ID number (NOT visa or passport number). The payer uses this to report what they paid to you.
> 
> CIS may want a tax clearance from IRS on your internship as part of considering your O1 application.
> 
> Further, if you return to the US and leave, CIS may require you provide them with a sailing permit from IRS, which says, in essence, you have satisfied your tax responsibilities - or not, as the case may be.
> 
> I suggest you complete the W-9, provide it to your (prior) employer, and file and pay relevant taxes.


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## SteveOdem

Madonna said:


> But the W-9 is only for U.S. persons, as Bev stated.


No, its for US taxpayers, including partnerships, trusts, and aliens in so far as they have US tax responsibilities, or a requestor asks for it, typically to document payments.

Failure to comply results in withholding of 28-30% mandatory.


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## hache123

Madonna said:


> But the W-9 is only for U.S. persons, as Bev stated.


Please what means "Failure to comply results in withholding of 28-30% mandatory."?


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## SteveOdem

hache123 said:


> Please what means "Failure to comply results in withholding of 28-30% mandatory."?


The payer (employer, if you will) is required to withhold from future payments, and pay it to IRS. 

The recipient (independent contractor or vendor) must then file tax returns and prove to IRS that he should be credited with that withholding.


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## hache123

SteveOdem said:


> The payer (employer, if you will) is required to withhold from future payments, and pay it to IRS.
> 
> The recipient (independent contractor or vendor) must then file tax returns and prove to IRS that he should be credited with that withholding.


It means that filling the W-9 form now is not really the right way to do it, and that my employer should have provide me an other tax form a long time ago? My exchange company (the company how puts me on a J1 visa) told me about a W-2 form, but my employer didn't have this form. As I remember, my employer told me that they don't have a payroll system— so I will have to fill a W-9 form and pay my taxes at the end of my internship.

What should I do so? Fill anyway the W-9 form and see what happens?


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