Alien Info

[Diane]

I do some part time work at a local tennis club. We have a South African resident here on a Travel Visa. He is a Tennis Pro and would like to do some teaching at our local club. He would be paid approximately $1,000/month for at least 6 months. I am not familiar with any of the requirements for this type of individual. Does he need a work VISA? Does he need an ITIN? Would he even have to file a tax return? His total income would only be $6,000.

Diane

[jainen]

>>He is a Tennis Pro<<

Sports, umm. Well, what would be your plan if an off-the-books guy should claim he was hurt on the job? Of course he needs permission to work, and you have to set up withholding and workers comp and the whole shebang.

[Diane]

Does he need a Work Visa? Does he get a Social Security Number? or an ITIN? The other tennis pros get paid on a per student basis. They are issued 1099's; mainly because they teach at other clubs, etc., and file their taxes as self employed. They are in the business of teaching tennis. They set their own schedules. Can this particular tennis pro be paid the same way?

Diane

[OldJack]

>>here on a Travel Visa<<

That is not a work visa. As I understand it he would have to get a green card and an ITIN in order to work.

[Diane]

Thanks,I'm assuming he would know where to go for the green card. I've looked at an IRS Pub titled 'Understanding Your IRS Individual Taxpayer ID Number' and, frankly, all I got was confused. I'll reread and see if it gets any better. Would he be eligible for a Social Security Number?

Diane

[jainen]

>>Would he be eligible for a Social Security Number?<<

No, and most likely not a green card either. Immigration is a whole different thing. As an employer you might be able to sponsor him for a work visa if his field is in demand. I don't know whether nationality is a part of it, but he would probably at least have to go back to South Africa and re-enter with the work visa.

If he works with club members or clients on club facilities, you should look VERY carefully before paying someone as an independent contractor. And in any case I would certainly not permit anyone to provide business services on club property without general liability and a workers comp policy in your file. You also need a tax ID number for any independent contractor because you have to issue a 1099-Misc.

Yeah, I know what everyone there says. "We've always done it this way and never had any problem." Well, welcome to the 21st century.

[Diane]

Thank you very much for the information. It clears up some of my confusion.

Diane

[Pacun]

I usually give advice after people have worked and come with papers to have their taxes prepared. If this sportman came to me with a 1099Misc form showing $6,000 nonemployee compensation, I would request an ITIN and file his taxes (at the same time) using schedule C and deducting his business expenses.