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First of all I am so grateful that I found this chat. I am…

Customer Question
Hello Pearl, First of...

Hello Pearl, First of all I am so grateful that I found this chat. I am in such deep trouble and hope you can help me sort everything out My name is ***** ***** I have been working for an Australian company as a contractor from November 2017-January 2018. In February 2018 they showed me their US tax ID and all documents and also said that they are now officially allowed to hire employees in the US. I filled out the tax form W2 for ADP and received a bi-weekly payment (net) they also withheld the taxes with a law office in San Diego. However, I never received any paystubs, so I asked them and now found out that they can't open a US bank account, which is required for payroll as a foreign company. I was now asked to jump back into contractor role - but I have not paid my quarterly taxes as I assumed in good faith that I was employed due to the contract I signed and the paperwork I filled out. Can you please tell me how I can now pay my taxes that I owe as they are unable to pay? And should I stop working for this company as it doesn't seem to be legal without any payroll, right? I truly don't have any desire to go back and reverse as a contractor as I also fear a penalty fee for not paying taxes in advance. ANY advise would be so appreciated!! Thank you!

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

The company is only a team of 5 - the CEO is "HR". There is no such thing....they now emailed me and said I have to commit TODAY to reverse back to a contractor so this can be fixed asap

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Unfortunately not. No union. I am the Executive Assistant to the CEO, working from home and located in CA - the company is an online marketing company in Sydney.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think I've said it all. Thank you so very very much for your help!

Submitted: 2 months ago.Category: Australia Law
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Customer reply replied 2 months ago
This is the email that came from accounting today 'forcing' me to change my status to contractor:Arthur Duffield
4:56 PM (18 minutes ago)
to me, Chantelle
Dear *****I understand that you are not in a good spot with all these employment taxes issues but I have personally spoken with Jason Feng from Allen Barron, a large legal accounting firm in San Diego and I have taken the recommendation that you pay all outstanding taxes by June 15 or earlier.Jason has assured Chantelle and I that you are not in a unique position and this non-payment of taxes in April is quite common especially as many employees change jobs and there are periods of additional expenditure especially in January/February.Jason has further confirmed that this will have no effect on your husband's status of his green card.Being a contractor is very similar to being an employee. You need to show income whether its salary source or contract income to any lender, landlord, car yard or any third party. You can show bankings of over $4,500 per month for each month from November to date. This does not including your husband's income which will furthetr enhance your revenue from a family viewpoint.The outstanding tax from employment is $4,076 representing taxes from Mid March to July 20.I have spoken with Chantelle who is prepared to pay $4,500 as a gesture of good faithSandra, you have received personal advice from a qualified accountant who is a Manager in Allen Barron.Sandra, please accept the advice of professionals and not misunderstandings that you may thinkYou are valued and I personally need you to accept the advice and allow us to rectify your taxes today.Please advise your thoughts
Customer reply replied 2 months ago
This email was sent to me when I asked for a statement/ payment stubs. That's when they started to look into the option of opening a bank account in the US and found out that a SSN is required -and since they also don't have a US entity nor the SSN they will never be able to open a bank account here...
Hi Arthur,Just update with you, we are trying to contact some other bankers to find out is that possible to set up an account without California registration. Besides BOA, probably some local small banks can offer a better option.I will update with you later when I hear back from them.Thank you.JasonAB, Inc. Logo 116745 West Bernardo Drive, Suite 260
San Diego, CA 92127(###) ###-####ext. 203(###) ###-####fax
***@******.***
www.allenbarron.comFacebook AB INC badgeü Please consider the environment before printing this email.CONFIDENTIALITY NOTICE. This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender Allen Barron, Inc., (8***-***-****) immediately by telephone or discard this message, along with any attachments. Thank you.IRS CIRCULAR 230 DISCLOSURE. Treasury Regulations require us to inform you that any Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and can not be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.From: Jason Feng
Sent: Friday, May 18, 2018 5:17 PM
To: 'Arthur Duffield' <*****@******.***>
Cc: Chantelle Bruinsma Duffield <*****@******.***>
Subject: RE: Talk with Each OtherArthur,Yes, in order to process for US employee, the company has to open a local bank account. Please see following conversation that I had with our ADP agent:Yes you got it. They need a US bank account for that US entity.You’re welcome!Best Wishes,signatureFrom: Jason Feng [mailto***@******.***]
Sent: Monday, April 30, 2018 11:28 AM
To: ***** ***** (ES) <*****@******.***>
Subject: RE: Australian Company Hires US EmployeeI see, thank you for clarifying.They had already have EIN and EDD account but no US bank account. I will ask my client today about it.So we can process the payroll if they can open a US bank, which means they meet all three criteria?JasonAB, Inc. Logo 116745 West Bernardo Drive, Suite 260
San Diego, CA 92127(###) ###-####ext. 203(###) ###-####fax
***@******.***
www.allenbarron.comFacebook AB INC badgeü Please consider the environment before printing this email.CONFIDENTIALITY NOTICE. This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender Allen Barron, Inc., (8***-***-****) immediately by telephone or discard this message, along with any attachments. Thank you.IRS CIRCULAR 230 DISCLOSURE. Treasury Regulations require us to inform you that any Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and can not be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.From: Clusserath, Sarah (ES) [mailto***@******.***]
Sent: Monday, April 30, 2018 11:25 AM
To: ***** ***** <*****@******.***>
Subject: RE: Australian Company Hires US EmployeeYes in that case if the business has EIN/EDD/Bank Account all in US then it would be no problem to get set up.We can’t do out of the US bank accounts set up though, if that answers the original question!Best Wishes,signatureAB, Inc. Logo 116745 West Bernardo Drive, Suite 260
San Diego, CA 92127(###) ###-####ext. 203(###) ###-####fax
***@******.***
www.allenbarron.com
Customer reply replied 2 months ago
Hello, would it help to discuss this over the phone due to the time pressing issue? I need to respond to my 'employer' today... thank you so much!!
Answered in 1 hour by:
6/1/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,545
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 2 months ago

I have sent you a special offer to talk on the phone, please look, it will help you

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Customer reply replied 2 months ago
Sounds good, nice meeting you John. Are you familiar with the US law?
Solicitor: John Melis, Lawyer replied 2 months ago

I am in Australia, but if you need USA law I can transfer to another expert in that area

Ask Your Own Australia Law Question
Customer reply replied 2 months ago
I do. Thank you for forwarding
Solicitor: John Melis, Lawyer replied 2 months ago

welcome

Ask Your Own Australia Law Question
Customer reply replied 2 months ago
May I ask to flag this as urgent as my CEO is expecting my answer today and about to jump on a plane. Thank you!
Solicitor: John Melis, Lawyer replied 2 months ago

yes

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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