[vquestions]

Hi there,

Thanks for taking time to look for my question..

The situation is like this .....i work for company A since Mar 2002 on H1B visa.

The comapny have Projects in India as well as US.

The Office also is located in ny.
Since year 2002-2007 company have variations in work load, because of SEP-11.

in year 2002, 2005, 2006 because of economic ups and downs company does not had enough work to support US Employee on h1b but still had plenty of projects in India office. since the reason, comapny enable to support me to give me work in those years.

But since the project is coming from other division, company clam to pay me salary in INDIAN CURRENCY, and as well paying taxes on bahalf of me in the same part of the world...because of that there was no visible income for me in US. and i being not given W2 form as well..

Since i am on H1B Visa, and i am also working for the same company, and was paid , in other part of world...

a) Do i still have to pay taxes in US ?
b) Does IRS considered paying taxes in other part of world since the projects belongs to the other office and paid over there ????
c) How can my company provide me W2 form ??? since its already too late ???
f) What options do i have to show my income and pay what will be the relevent tax for that since i was US RESIDENCE at the time.
g) What precaution i should take for future to discuss with my compnay if i am paid not in US ????


Thanks

Regards,

Vquestion

[MukatA]

1. From 2002 to till today, when were you present in the U.S. (From... to... ). Also did you ever file tax return in the U.S. (If yes, explain).

2. Were you ever paid by the U.S. employer? (If the employer has a company in India and they were paying you in India and deducting TDS from your salary, then NO).

3. Did you ever receive W2, 1099 or any other from from any one in the U.S.

Also since you have posted this question, you must have some reason to think that you must file in the U.S. Explain?

[vquestions]

Hi there,

Thanks for taking time to look for my question..

The situation is like this .....i work for company A since Mar 2002 on H1B visa.

The comapny have Projects in India as well as US.

The Office also is located in ny.
Since year 2002-2007 company have variations in work load, because of SEP-11.

in year 2002, 2005, 2006 because of economic ups and downs company does not had enough work to support US Employee on h1b but still had plenty of projects in India office. since the reason, comapny enable to support me to give me work in those years.

But since the project is coming from other division, company clam to pay me salary in INDIAN CURRENCY, and as well paying taxes on bahalf of me in the same part of the world...because of that there was no visible income for me in US. and i being not given W2 form as well..

Since i am on H1B Visa, and i am also working for the same company, and was paid , in other part of world...

a) Do i still have to pay taxes in US ?
b) Does IRS considered paying taxes in other part of world since the projects belongs to the other office and paid over there ????
c) How can my company provide me W2 form ??? since its already too late ???
f) What options do i have to show my income and pay what will be the relevent tax for that since i was US RESIDENCE at the time.
g) What precaution i should take for future to discuss with my compnay if i am paid not in US ????


Thanks

Regards,

Vquestion

Hi Thanks,

0) I am present in US Since 2001, but I started to work for company A only since sep 2002.

The company have Multiple projects in diff offices, so while I am working for the indian office task they pay me in india. At the same time if I have projects for US Office they give me w2 for the hours I have attend for that projects here.

Considering the contract wages as mentioned in my contract with company they have paid me in the wages at diff currencies, only thing I am missing here is W2 form for the three consecutive years... of 2002,2005,2006. Since I have attended the project for the Indian Office.

1) Yes I have paid taxes in U.S for the partial projcets on 2003,2004,2007 with W2 since it was work from US Office. And also I am currently working for US Based project since last sept 2006 on W2 as well for the same company.

2) The reason behind is company filed labour for me , and preparing for my I-140, I have read on web-sites that, to process green card I have to have tax for all the year,

So even I work for the company A , and get paid in different continental, I have to show some income... as US Resident. Other wise it might impact my Green card Process!!

3) What is the next step for me to show the income,made for the company A during the project work done outside the US. What taxes I have to pay ? And does it matter to have no W2 Form even the paychecks are available??


Thanks a lot

vquestions

[MukatA]

You are in the U.S. since 2001 on H1-B. Is this correct?

If you are in U.S. since 2001, then starting with 2002 you must file resident tax return. You must report your worldwide income even it was paid in a foreign country and you never received W2. If you paid taxes in the foreign country you will claim foreign tax credit by filing Form 1116 with your tax return.

On your U.S. return, you must report your worldwide income. You will get credit for taxes paid in the foreign country. Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

[IntlTax]

a) Do I still have to pay taxes in US ?
YES.

b) Does IRS considered paying taxes in other part of world since the projects belongs to the other office and paid over there??
YES. You can claim a credit for Indian taxes paid against your U.S. tax. However, it is unclear if you should have paid Indian taxes in the first place since the services took place in the U.S. If you were not required to pay the Indian taxes, then they cannot be claimed as credits against your U.S. tax.

c) How can my company provide me W2 form?? Since its already too late??
You will not get a W-2. You simply report the wages as wages on your U.S. tax return.

f) What options do I have to show my income and pay what will be the relevant tax for that since I was US RESIDENCE at the time.
You should file U.S. tax returns (or file amended tax returns) showing the Indian source income.

g) What precaution I should take for future to discuss with my compnay if I am paid not in US??
You need to find out if you should be paying Indian taxes. If you are not located there, it is unlikely that Indian taxes would be due.