Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I wouldn't risk it. Even if she DID have a SS#, I don't hire people from other countries. They are forever having to "go home" because some aunt or grandmother is sick or has died, which somehow always requires them staying for 1-3 months. I want a nanny who is HERE.

OP here- This is so mean!She is HERE.
And she has two kids.So no plans to move,i guess.

She's here now, but wait until a relative from her country of origin dies or gets sick.

People from here don`t get sick or died right?

Well I don't know about you but I'm just so super committed to my job that when my dad was on his death bed I said "oh no, I can't head two states over to see you! I've got a job to do!". Mom still hasn't really forgiven me for that but my employers are really glad that I have no outside life to take me away from my job.

I love this. If you are ever looking for a new job please contact me, reliability is my #1 priority. You sound wonderful.

No. If she can't fill out an I-9 form with valid legal documents she should not be hired.

The Internal Revenue Code maintains that the immigration status of your nanny or other employee has no bearing on your obligation for employment taxes. Immigration enforcement in the Obama Administration is focused on penalizing the EMPLOYERS - particularly prosecution for employment tax fraud. Employing an undocumented worker is a violation of immigration law. Failure to pay employment taxes for ANY worker, legal or undocumented, is felony tax evasion.
The IRS requires that workers ineligible for Social Security Numbers file form W-7 to request an Individual Taxpayer Identification Number (ITIN) when the worker files his/her first tax return. (Unfortunately this means the employer will not be able to include tax identification on the first Form W-2 that is issued.) This number will be used on all tax reports and returns going forward, including Form W-2. The IRS is currently prohibited from sharing this information with Immigration and Customs Enforcement [ICE] (formerly Immigration and Naturalization Service [INS]) by law - see THE PRIVACY ACT OF 1974 5 U.S.C. § 552a).
What the ITIN Does

Enables employers to report wages paid to the domestic employee without fear that the tax returns will be rejected due to missing or inaccurate SSNs.
Enables employers to issue Form W-2 to workers ineligible for a SSN.
Enables employers to claim the Child Care Credit or the Child and Dependent Care Account.
Enables individuals ineligible for a SSN to file US Income Tax returns.
Enables individuals ineligible for a SSN to receive a cash refund of income taxes.
MAY assist individuals in applying for legal immigration status if immigration reform proposals are enacted.
Enables individuals ineligible for a SSN to open bank accounts and credit accounts with certain banks.
Enables individuals ineligible for a SSN to apply for mortgage loans.


What the ITIN Does NOT Do

Confer eligibility for employment.
Confer legal immigrant status.
Make the worker eligible for Social Security or Medicare benefits.
Confer eligibility for the Earned Income Tax Credit.



The valid range of ITIN's is 900-70-0000 through 999-88-9999, all numeric values. These numbers are issued to the taxpayer on a letter from the IRS - there is not an "ITIN card."
Non-payment of taxes is a leading reason for denial of an alien's immigration petition. Immigration and Customs Enforcement (ICE) can consider the failure to file an income tax return, if a person earned enough to be required to file, as proof that the noncitizen doesn't have the "good moral character" required of applicants for US citizenship. Failure to file income tax returns or an improperly prepared tax return can cause problems when the permanent resident files for US citizenship or when a US citizen or permanent resident tries to help family members immigrate.
Nannies filing and paying their income taxes using an ITIN are ineligible for many refundable tax credits.

she uses a TIN because she is trying to get her citizenship or green card.

There are people who are here illegally that work and pay taxes on their wages so that they can speed up staying here.

Well, why does not she have SSN yet? Is it because she does not have a right to work and does not have one or because she is in some sort of transitional status and they have not issued one for her yet? In the first case, you would be an employer employing someone who has no legal right to work in the USA. In the second case I am guessing it is OK. If you are concerned about paying on the books to someone here illegally it might be a good idea to check with a lawyer or an account may be. Personally, I would not go for it because I am not ready to face the consequences. Did you ask her to see any documents verifying her right to work, such as US passport or a green card?

Arg that got screwed up since the other poster messed up the quoting.

Well I don't know about you but I'm just so super committed to my job that when my dad was on his death bed I said "oh no, I can't head two states over to see you! I've got a job to do!". Mom still hasn't really forgiven me for that but my employers are really glad that I have no outside life to take me away from my job.