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#1863910 - 10/22/13 08:28 PM SSN for work purposes
bowlngirl Offline
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I'm kind of confused on this. When customer presents a social security card with the statement "Valid for work only with DHS authorization" would they be a non-resident alien? Would there be any instances when a resident alien would have one with this statement?

Thanks,

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#1863913 - 10/22/13 08:32 PM Re: SSN for work purposes bowlngirl
Elwood P. Dowd Offline
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A resident alien has a right to be in the U.S. and does not need DHS authorization to work here. How is this impacting your bank?
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#1863923 - 10/22/13 08:42 PM Re: SSN for work purposes bowlngirl
edAudit Offline
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You are here
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#1864556 - 10/24/13 03:05 PM Re: SSN for work purposes bowlngirl
lisa Offline
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We have one in our lobby right now applying for a loan - and are researching as we speak.

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#1864557 - 10/24/13 03:07 PM Re: SSN for work purposes bowlngirl
rlcarey Online
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That still does not tell us what the issue might be. A SS card is not a form of ID.
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#1865760 - 10/28/13 08:32 PM Re: SSN for work purposes bowlngirl
CantBeShocked Offline
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The issue / question is whether or not a NON-resident alien or a resident alien classification would be appropriate here.
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#1865768 - 10/28/13 08:49 PM Re: SSN for work purposes bowlngirl
John Burnett Offline
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Non-resident alien if the SS card says "Valid for work with DHS authorization" (or words to that effect).
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#1865789 - 10/28/13 09:54 PM Re: SSN for work purposes bowlngirl
bowlngirl Offline
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Yes the issue was whether they would be classified as a resident or non-resident alien. Our concern is whether a W-8BEN or W-9 is required.

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#1865796 - 10/28/13 10:14 PM Re: SSN for work purposes bowlngirl
rlcarey Online
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IMHO - You cannot determine residency by examining a SS card that the person presents nor should you. And regardless, even if they are a non-resident alien, if they pass the substantial presence test, they complete a W-9.
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#1866005 - 10/29/13 04:19 PM Re: SSN for work purposes bowlngirl
CantBeShocked Offline
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If they pass the substantial presence test they are not a non-resident alien, they are a resident alien who may or may not have obtained their "Green" card. (and yes, they complete a Form W-9).
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#1866013 - 10/29/13 04:22 PM Re: SSN for work purposes bowlngirl
rlcarey Online
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If they pass the substantial presence test they are not a non-resident alien.

Well, that's the problem with this line of thinking. IRS status and immigration status are two totally separate issues. If all it took was staying here to be a resident alien, then we would not be having this national debate over immigration.
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#1866074 - 10/29/13 05:39 PM Re: SSN for work purposes bowlngirl
CantBeShocked Offline
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The question above is not in relation to immigration status - it is in relation to IRS resident / non-resident status. I was in IRS Information reporting for years. If they pass the substantial presence test, they are a RESIDENT alien for tax purposes and for reporting purposes.

See:

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test
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#1866085 - 10/29/13 06:04 PM Re: SSN for work purposes bowlngirl
rlcarey Online
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I was never questioning your statements, but thanks for the lecture.

My only point was that people continually confuse the two issues. This original thread after all started (after much clarification) with trying to figure out whether a W-9 or W-8BEN needed to be completed based on the type of SSN card that was presented.

My point was that you could not determine either (IRS or immigration status) based on that document alone. This post is in the BSA/AML forum. It's general theme does not normally include IRS reporting and the use of the term non-resident alien has a very specific meaning under BSA/AML compliance considerations. Since I visit many banks and talk to many bankers in the course of a year, you would be surprised at the confusion over these issues that continue to exist. I was only attempting to point out the differences within the context of this forum
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