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FAQ - Form 8109-B

What is the purpose of Form 8109-B?
To document any employment relationship for a period exceeding 45 days and not to support an employee with a valid work visa. It is a form that provides the employer with the date, purpose, method and amount of wages. Forms 8109-B and 8109-C are used by employers to fill out and file with the U.S. Department of Labor (DOL). The date, purpose, method and amount of wages must be reported on Form I-9. Each employer must register for the form by completing Form 8109B, U.S. Employer's Registration for the Employment of Aliens Employed Before the Date of this Guide and must then file Form 8109C, Notice of Failure to File Form I-9. What does the “Employment of Aliens Not Required by Law” section on Form 8109-B mean? The “Employment of Aliens Not Required by Law” section on Form 8109-B means that a U.S. employer is not required to pay a H-1B non-immigrant's required wages or fees. Who does need to use Form 8109-B? Only certain employment of aliens requirements (H-1B work visa) and a certain employment of aliens requirements (other employment visa) need to be reported on Form 8109-B. An employer does not need to report any other employment requirements. Filing and Filing Instructions What is the purpose of an employment of aliens declaration? An employment of aliens declaration is used to show that an employer has conducted an examination of an employee's English language skills or that an interview has been conducted to find such an employee to fill an existing temporary, full time, or permanent position. To use Form 8109-B for the employment of aliens declaration, you must provide the following required information: The full name and mailing address of the employer; The full names and postal addresses, occupation, grade, hours worked, or salary information of the other employees in the organization who are working for the same employer; The date and amount of employment for each employee, if different per each position. For example, if two employees work the same number of hours from 9 to 6 weeks, report the amount from those two positions combined. If there is more than one position, and they are all filled, report the hours or salary for each position separately.
Who should complete Form 8109-B?
You should complete Form 8109-B for a spouse who is a U.S. citizen or a resident alien of the United States. See the Instructions for Form 8109-B. Form 8109-B for spousal benefits is not a substitute for the Form W-2. Am I considered married for purposes of filing a joint return for a joint return filing period during which the income subject to the maximum exclusion from the U.S. estate tax is subject to the foreign income tax? You may use Form 8109-B for each spouse. Even if you file a joint return for a joint return filing period, you are still considered married for purposes of a joint return filing period if one spouse is employed and the other spouse is not employed. See the Instructions for Form 8109-B: Special Rules for Single-Surviving Spouses. Are we required to use Form 8109-B if one spouse dies and the surviving spouse can claim a personal exemption from the foreign tax on the estate? No. If only one surviving spouse can claim an exemption from the foreign tax on the estate, he or she can use Form 8109-B. Is Form 8109-B available for filing only jointly with the surviving spouse, or must we use Form 8379? Form 8109-B is available for filing only jointly with the surviving spouse, but the surviving spouse does not have to use Form 8379. How do we figure the foreign tax credit on Form 8379, and how do we calculate the foreign tax credit on Form 8109-B? For a married individual filing a joint return filing period for 2017, the foreign tax credit on Form 8379 will be 9,525 if the surviving spouse will itemize deductions on their own Form 1040 and have foreign income tax withheld. The amount on line 4a of Form 8109-B to claim the foreign tax credit on Form 8379 will be reduced by the exclusion amount (6,000) if the surviving spouse can claim an exemption from the foreign tax on the exemption amount on their own Form 1040 and will not be required to itemize deductions on their own Form 1040. The amount on line 4a of Form 8109-B will be used to figure the foreign tax credit on Form 8379.
When do I need to complete Form 8109-B?
You must complete your Form 8109-B (formerly Form 8809) by the date indicated on your Notice of Employment or Certification of Employment. What if I miss, or am late, filing Form 8109-B (formerly Form 8409)? You are still required to file Form 8409 (a completed Form 8109-B), if you are an employee or self-employed person and meet the full criteria for the benefit benefits described.
Can I create my own Form 8109-B?
You can create your own Form 8109-B. To start, enter your own information for the person seeking a tax exemption. If you can prove that your child's need for an exemption is a result of abuse, neglect, or dependency, you may be able to claim an exemption or partial exemption for your child. You can find the forms and instructions that can help you, by going to Forms 8109-B or Forms SS-819. See also, the section in the instructions for Form 8109, Part A, in the Publication 1040, U.S. Individual Income Tax Return for Individuals.
What should I do with Form 8109-B when it’s complete?
When you submit Form 8109-B electronically, you are completing part of the information required by the IRS. The forms are electronically filed into the IRS Tax System. When your Form 8109-B is received and reviewed by the IRS, your payment may not be processed until an examination determines that your return was complete. However, please be aware that the payment system may take 1-2 weeks to process your payment. Once the payment system reviews it, your Form 8109 payment may be processed automatically. In addition, if you submit your entire Form 8109 (including your completed application and required supporting documents) to the IRS to complete the submission, you will have full benefits after it is processed. If the IRS determines that an application or payment is incomplete, the IRS will send you a letter informing you that you need to make a correction and return the missing information as soon as possible. If I have not received a complete Form 8109-B yet, can I still complete my application and submit it with my payment? Yes. If you have not received a completed and signed Form 8109-B yet, you can submit a completed and signed copy of your Form 8109. This can be submitted online to the IRS website. Alternatively, you may mail the completed Form 8109 and supporting documents to the address listed on the form. For more information on the completed and signed Form 8109 or Form 8109-B, please also see the instructions. My request was delayed (or did not send). Do I take advantage of any early payment options? Yes, you may still submit your application early. Payment processing may take several weeks, as the IRS determines if your complete Form 8109-B has been received or processed so far and is able to process your payment. However, if your payment is made, it will be processed automatically. If I paid with cash, can I apply for Early Withdrawal? No. Cash payments (cashier's or check), checks, money orders (for cash only) and personal checks (not payable to the IRS) must be sent to the IRS before the filing deadline. Therefore, they cannot be used for early payment. What does “no extension for filing due date or time” mean? The IRS will not grant an extension for the “filing due date or time” of Form 8109 for which you did not submit an application yet.
How do I get my Form 8109-B?
You need a Form 8109-B to request a refund and make a claim. The form is available at How do I make a claim for an overpayment? Make your claim by submitting an IRS Form 5329, Claim for Refund of Overpayments, to the IRS if your return is due after the due date of your return (April 15). To claim the refund you submitted, follow the instructions in the claim. Note that the claim must specify the tax liability on the day the return you are claiming was due to you. If the liability is more than one month late, file an Amended Return. If you have questions, you can use the IRS Form 5404-A, Application for Refund of Tax Lien, too: Request to cancel a refund of tax debt Request to amend a refund Request special tax relief for a delinquent tax obligation (IRS Form 5329) How can I use a check or money order issued by me if I don't see it on my credit report or the FOF for some reason? You may make payment by sending an IRS Form 2555-W to the following financial institution (you may also make payment via wire transfer, debit card, check, money order, or personal check). How will the IRS know to send me an IRS Form 5329? You will receive an IRS Form 5329 if the Form 8109-B you received was a claim for refund of overpayment or if you submitted a Form 8109-B to the IRS because you think a credit or refund was applied in error. Where do I file my refund? You may contact the financial institution you used to make the payment; or, if you paid with a check, direct correspondence to the IRS. Once the refund is issued, the institution will deliver the entire amount to the IRS. The institution will send an IRS Form 5329 to you for filing with your tax returned. What are my return filing deadlines? Last day to file your tax return is March 15, 2018. If you are an ETC recipient, the next day to file is April 15. Last day to apply for ETC is April 14, 2018.
What documents do I need to attach to my Form 8109-B?
If you have a valid tax transcript for the year in which you expect to be subject to taxation, or on which you are making an election under this section, you must include the transcript(s) with your Forms 8109-B. If you do not have a tax transcript for this year, you should obtain one shortly after you file the Form 8109-B. It may be available through the Internal Revenue Service website. You may also obtain a searchable transcript at. Am I required to file Form 8109-B if I am subject to taxation on a particular date? If you are taxed on a particular date, you are not required under this section to file a Form 8109-B on that date to report the tax you owe. However, you should file Form 8509-X, if applicable, to report the tax you paid on that day. I have a late-filed Form 8109-B. Can I amend it by signing and dated this new Form 8109-B? If you file your Form 8109-B late or do not sign and date the new Form 8109-B as soon as you understand the information in it and pay all the penalties and interest imposed by law, or the payment is returned unpaid because it is not required by law before the due date or the due date falls on a weekend, holiday or legal holiday, the IRS cannot accept the amended Form 8109-B and will not refund any taxes paid on it. If the new Form 8109-B should be considered a timely filed tax return, you will need to file the appropriate Form 8509-X, with the corrected version of the Form 8109-B, on Form 1040X if filing by mail, or on Form 1040X-T, if filing electronically, before filing the corrected Form 8109-B to cure the deficiency. The modified Form 8109-B, showing that the failure is corrected by filing the amended form, will only be considered timely filed if and when it is filed with the correct form(s) and with Form 8509-X as corrected.
What are the different types of Form 8109-B?
The Form 8109-B is the form that you must use when you file a tax return. The Form 8109 is the form that you used to report your income from all sources, whether you are using a W-2 or TIN to report your income, an individual 1099 or other form of employment tax return, or other income you get from sources other than wages and self-employment income. Here are some of the various types of Form 8109 that you must file when you are paying your federal income taxes. Form 8109-A is for your business or partnership taxes. Form 8109-B is for your individual income taxes. For business income, you must complete Form 8109A and enter the business/partnership income on line 2 of the Form 8509. There is no penalty for errors on the Schedule A if you have a Form 8509. For individual income, you must complete Form 8109B and enter the individual's W-2 on Line 1. Line 1 and 2 of Schedule A AGE the W-2 and 1099 you get from you employer, your own employer or a person in the U.S. who is under a foreign tax treaty. If you do not have to file Form 8509 or Form 8109B, you must complete the rest of Schedule A. For business income, you must complete Form 8109A and enter the business/partnership income on line 2 of the Form 8509. There is no penalty for errors on the Schedule A if you have a Form 8509. For individual income, you must complete Form 8109B and enter the individual's W-2 on Line 1. Line 1 and 2 of Schedule A AGE the W-2 and 1099 you get from you employer, your own employer or a person in the U.S. who is under a foreign tax treaty. For business income, you must complete Form 8109A and enter the business/partnership income on line 2 of the Form 8509. There is no penalty for errors on the Schedule A if you have a Form 8509. For individual income, you must complete Form 8109B and enter the individual's W-2 on Line 1. Line 1 and 2 of Schedule A AGE the W-2 and 1099 you get from you employer, your own employer or a person in the U.S. who is under a foreign tax treaty.
How many people fill out Form 8109-B each year?
Nearly four and a half million families file Form 8109-B for the tax year that ended in the third quarter of 2016. Who pays? A majority of filers are U.S. taxpayers -- and nearly all those are Americans. How much is Form 8109-B worth? Filing Form 8109-B can save you thousands of dollars, especially if you can get a good deal. Some of the most valuable forms for taxpayers include Form 3115 for filing a separate tax return for any dependent child, Form 3109, a Form 1040, the Social Security Administration Form W-2, and the IRS Form 1040EZ. But if you have a large family, you may want to consider the entire Form-8109-B package. Each form has its pros and cons, and you should weigh your individual situation on which form will best protect and safeguard your resources. How is Form 8109-B returned? Form 8109-B is filed by mail, fax or email. Your federal tax provider will also send you Form 2555 (and your credit account or debit card statements) to pay your taxes. Filing the right Form 8109-B form Form 8109-B is a fairly complex form to keep track of. But it has its advantages. Form 8109-B is particularly beneficial when the filing season is very short. An unexpected cash or expense that you have to pay before March 15 can often be paid for with a Form 8109-B filing. Many people use a Form 8109-B on a short, one-time basis to get back a tax liability that should have been paid by the time that the filing deadline approaches.
Is there a due date for Form 8109-B?
Yes, each year a federal income tax return has to be filed. How long is Form 8109-B? Form 8109-B is required for each new employee who is hired or rehired for the year. An employer only has to prepare Form 8109-B to meet Form SSA-1040EZ (for employees that have a modified adjusted gross income [MAGI] of over 100,000 per quarter) or Form SSA-1045F (for employees that have a MAGI of less than 100,000 per quarter). Form SSA-1040EZ may be used to meet the MAGI requirement for the month if the employer's MAGI is higher or equal to or greater than 75,000 or the monthly earned income amount is between 250 and 1,000. For Form SSA-1045F, the MAGI must be over 75,000 or the annual earned income amount is greater than 1,000. What if Form 8109-B is due on the first day of the month after the month the new employee is hired or rehired? Under some circumstances, the employer may be required to prepare Form 8109-B prior to the end of the month in which the employee's new position begins, to ensure the employee has filed Form 8109-B in sufficient time for the employer to file a return of tax to the Service. For more information, see Pub. 501. For instructions on completing Form SS-8109-B, see the Instructions for Form SS-8109-B. Which taxpayers are subject to Form 8109-B? The following taxpayers are subject to the federal income tax filing requirements in Form 8109-B: Federal government contractors; State or local government contractors; County, municipal or school districts; and Unclassified employees of government contractors. Do the following taxpayers require the filing of Form 8109-B? The following taxpayers must still file Form 8109 at the time of each employee's filing: State and local government contractors; County, municipal or school districts; Employees of federally designated national parks; Employees of federally designated international land services and utilities; Federal contractors; and Unclassified employees of government contractors.
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