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Anja_and_Henry
Hi There,

Anybody here self employed?

I'm finding this on the expatforum:

"EAD is not required for self-employment. An IRS ITIN (Individual Taxpayer Identification Number (ITIN)) is adequate for
the tax issues, including applying for an EIN if needed. EAD is also not
needed to act as an employer; you may hire employees and/or subcontract
if needed.

You may also work in self-employment with an EAD and SSN if you have
one, of course."

Is this discussed somewhere, leagal bases?

Cheers Anja
jane2005
Are ITINs valid for work purposes?
No. ITINs are for federal income tax purposes only.

This is from the IRS. You do need EA in order to be self employed in the US.
kitkat1
You do not need an EAD to work as an independent contractor - there is no one to provide with a work authorization document so there are no worries about an employer needing the correct authorization for the I9. And you are work authorized as a K1.

If your self-employment is going to be in this way, as an independent contractor or freelancer, an EAD is not required and an ITIN is sufficient for the tax issue as you read.
jane2005
http://www.ssa.gov/immigration/noncitizens.htm

I'm assuming that to mean that you actually need an EAD card and/or stamp, but I guess this a pretty blurry area seeing I suppose technically K-1's are already employment authorized (at least that is what I got from the earlier debate on the topic).

Anja_and_Henry
It must be some kind of a grey zone - I will file for EAD but I will not be my own employee and I will not employ people for now. I guess that the IRS and USCIS are not working together - how come so many illegals are filing and paying taxes and have no status in the US? I'm going to ask a laywer if a work authorization is needed in my case. I have a SSN, that should do for the IRS?
Anja
kitkat1
As an independent contractor/freelancer it's pretty clear - you don't need an EAD.

You can file your taxes using your SSN - that's normal procedure.

People who don't have an SSN file taxes using an ITIN - that's how illegals filing and pay taxes.
Anja_and_Henry
Thank you for the response - I will make sure what we do is right for us and go for it. blush.gif
Anja
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