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Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1703
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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Hello again I just have a couple of H-1B tax/documentation

Resolved Question:

Hello again

I just have a couple of H-1B tax/documentation questions I was hoping you could clarify (the company that's hiring me has an attorney assisting them pro bono as they're a non profit, but there are a few things that I've found in my research that don't seem to be being flagged up).

The attorney says the H-1B application is ready to file, but I think it needs to include more information about the employer in order to at least attempt to avoid an RFE- I understand that there is no foolproof way of doing so, but want to ensure the employer includes all information.

This is a non profit founded four years ago (it has a national profile) with increasing annual turnover, but no more than half a million dollars in any year- and are only now in the position where they're ready to hire actual employees- me and three others, all of whom were working there in a voluntary capacity at first, two of whom are the founders.

Where they have paid people in the past, they've been independent contractors). Obviously therefore, as there have ben no employees, there are no payroll records/quarterly tax returns etc up to now (though there are tax returns as required by 501c 3 organizations).

It's my understanding that as a small relatively new company, USCIS will look more closely at it. Is it advisable to send the tax return?

Would a letter explaining that there have been no employees up to this point and giving details about the forthcoming employees be wise? Is there anything else you would advise?

What sort of tax and financial information should be submitted?

The attorney does not seem to think any of this is necessary, but from my research and reading, I am convinced it is. The founder/director has already updated their profile on VIBE (again, from my reading, the attorney advised that this was not necessary at this stage).

Any advice is gratefully received. I realise this may be a bit outside your area, but really wanted any advice you can give, particularly as pertains to tax etc documentation

Thank you!
Submitted: 2 years ago.
Category: Tax
Expert:  Anne replied 2 years ago.
Hi

Thank you for using justanswer and thank you for requesting me. I am going to lead you to a website that shows what you need to do and what your employer needs to do. I know you said you had already done some research, so this may be "old" news to you, but we need a starting point.

http://www.ehow.com/how_5378464_hb-visa-nonprofit-organization.html

If this is not old news, then it does give you pretty specific things that BOTH you and your employer need to do.

I hope this helps.
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1703
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
Anne and other Tax Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your answer. Did you include the site, because if so, its not showing up on your response
Expert:  Anne replied 2 years ago.
I'm sorry.........I had to add the website .....I didn't notice that it wasn't there on my first proof read....it is there now though. Again, I apologize for not catching that the first time around.
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1703
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
Anne and other Tax Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much! Just thought the site may have omitted it.
Customer: replied 2 years ago.
Thank you very much! Just thought the site may have omitted it. Yes, we are fully aware of all this information in a great deal of depth! The LCA has been approved and the forms completed. All my supporting documentation is there and most of theirs is.

It's basically trying to get a sense of the type of tax and financial information they need to send in support. The attorney does not seem to think any is necessary but I understand differently, even from USCIS own site...
Expert:  Anne replied 2 years ago.
I'm going to tell you to do exactly what I would do.....especially since the attorney feels everything is in order and you still have some doubts. (I've come up against this before, and I found that it was just so much easier to get the information from the source)

Call the IRS(NNN) NNN-NNNNand ask for the foreign/non profit section (you may wind up talking to both sections) You don't need to give out any identifying information....you are only asking a question about tax law.......be sure to get the name & ID # XXXXX the people you speak to, and when you do get a definitive answer.......ask to have it faxed or mailed to you so that you have in writing, from the IRS, what is needed.

Although you may wind up holding on the phone a while, in the end, you will have the proof straight from the IRS which will let you know if the company/atty really is in compliance or not.

Honestly, when there are such strong opposing schools of thought, you're really much better off to let the IRS decide....and getting their decision in writing is what will save you should the IRS change its tune later. (In the 25 years I've done taxes, I've called for many questions and gotten their opinion in writing, and only ONCE did I run into an auditor who disagreed with my tax approach, and when I sent the copy I got from the IRS, that was the end of it.)

I hope this helps.
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1703
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
Anne and other Tax Specialists are ready to help you
Customer: replied 2 years ago.
Thank you. I didn't want to second guess a qualified attorney, but USCIS itself states that tax returns etc should be submitted in support of an application and as they essentially have the decision-making power here, it seems to me it's wise to comply with their requirements!
Expert:  Anne replied 2 years ago.
There is a typo in the phone number....it should be(NNN) NNN-NNNN new computer, I'm still learning the feel of it...sorry.
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1703
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
Anne and other Tax Specialists are ready to help you

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