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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38128
Experience:  Retired (mostly)
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Is there any reason someone would use the incorrect birth date

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Is there any reason someone would use the incorrect birth date on an I9 form?
If I were trying to match my birthdate to a false Social Security Number, or driver's license, then that could be a reason. That's about the only sinister reason that comes to mind.

Hope this helps.

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Customer: replied 4 years ago.

Doesn't help that much.


 


What about if you were trying to match your birthdate to a passport number and the passport stated you were a resident alien. Therefore, different tax status?


 


Sorry, but this is a REAL scenario.


I just don't know why it's illegal. It's not like it's inexpensive to be a resident alien.

Resident alien doesn't have a different tax status, from the employer perspective. All of the same withholding applies. Alien would have to be nonresident to incur a 30% withholding tax.

I understand that this is a real scenario, but I don't know what you're looking for, so asking me to try to think of a reason why someone would falsify a birth date without knowing why it matters, is like asking me to take a needle and identify the haystack that it came from. I have no means of narrowing the scope of investigation.

You'll have to give me some context, in order for me to comment intelligently about this scenario.

Thanks in advance.

Customer: replied 4 years ago.

Im in the middle of a large asset division. Some of the assets being divided are compensation. The other party claims he does not receive compensation from an entity which he submitted an I9 form to, and for which he is the CEO of. I have the I9 form he submitted to the entity; on it, his birthdate is incorrect. His assistant filled out the form.


 


Assuming that this was not just a simple mistake (it was not), I could assume:


(1) he has a US passport which states this is his birthdate and the employee simply copied the birthdate from the passport. Why would he do that? Could it be that the different birthdate would cause a mismatch in the IRS system and prevent me from locating his assets as a resident alien?


(2) he used that birthdate intentionally, even though it was not on the passport.


 


We are making two assumptions: (a) he wants to hide assets, and (b) he has the ability to be a resident alien, should he so desire.


 


I know this is a complicated question and I am happy to pay more for it. Thanks so much.

Assuming that this was not just a simple mistake (it was not), I could assume:

(1) he has a US passport which states this is his birthdate and the employee simply copied the birthdate from the passport. Why would he do that? Could it be that the different birthdate would cause a mismatch in the IRS system and prevent me from locating his assets as a resident alien?

(2) he used that birthdate intentionally, even though it was not on the passport.


We are making two assumptions: (a) he wants to hide assets, and (b) he has the ability to be a resident alien, should he so desire.

A: In my opinion, the only reason to make a misrepresentation on an I-9 is because the applicant is not really eligible for employment in the USA (i.e., an illegal alien). So, the subterfuge is not intended to defeat your search, but rather the search of Department of Homeland Security -- Immigrations and Customs Enforcement (DHS-ICE).

An alien does not have to seek resident alien status. An alien does have to be eligible for employment under either a nonimmigrant or immigrant visa, if the alien is physically present within the territorial boundaries of the USA. An alien can be the CEO of a corporation without a visa, as long as the alien is not physically present in the USA. And, an alien CEO can receive compensation/wages as a nonresident, once again, as long as he/she is not physically present in the USA without a visa.

 

Regardless of all of the above, if the CEO is a party to the case, you can notice the CEO of the corporation to a deposition to appear and testify and to produce all of the corporation's financial records. That's how I would handle the issue.

 

I think you may be trying to uncover a fraud by an unnecessary methodology.

 

Hope this helps.

 

 

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