2009 Tax problem for AOS

[Simon and Janet 6]

For part of 2009 my wife (U.S citizen) worked for her sister as a nanny looking after her 2 children. The job wasn't 'on the books' and she was payed by check each week. My wife however did the right thing and took tax out of that and paid it to the U.S Treasury.

The problem we have is that the relationship between my wife and her sister broke down, and my wife's sister is refusing to issue a 1099 form that is required for the IRS. This puts us in a dilemma as the AOS forms require 2009 tax information that we really can't supply without this form.

I'm wondering if anyone has a solution or options for us so we can go ahead and get the AOS ball rolling. I have 3 weeks before my I-94 expires and i'm getting a little worried about our options.

Thanks alot.

S&J

[milimelo 4,192]

For part of 2009 my wife (U.S citizen) worked for her sister as a nanny looking after her 2 children. The job wasn't 'on the books' and she was payed by check each week. My wife however did the right thing and took tax out of that and paid it to the U.S Treasury.

The problem we have is that the relationship between my wife and her sister broke down, and my wife's sister is refusing to issue a 1099 form that is required for the IRS. This puts us in a dilemma as the AOS forms require 2009 tax information that we really can't supply without this form.

I'm wondering if anyone has a solution or options for us so we can go ahead and get the AOS ball rolling. I have 3 weeks before my I-94 expires and i'm getting a little worried about our options.

Thanks alot.

S&J

Call IRS and ask about it?

[icepeck 1]

For part of 2009 my wife (U.S citizen) worked for her sister as a nanny looking after her 2 children. The job wasn't 'on the books' and she was payed by check each week. My wife however did the right thing and took tax out of that and paid it to the U.S Treasury.

The problem we have is that the relationship between my wife and her sister broke down, and my wife's sister is refusing to issue a 1099 form that is required for the IRS. This puts us in a dilemma as the AOS forms require 2009 tax information that we really can't supply without this form.

I'm wondering if anyone has a solution or options for us so we can go ahead and get the AOS ball rolling. I have 3 weeks before my I-94 expires and i'm getting a little worried about our options.

Thanks alot.

S&J

You wife can use the prior years 2008,2007 and 2006 to file. Your wife 2009 income tax return is due, on the 15th of April unless she file for an extension until Oct. 15. You guys should file for AOS with the prior three years before the 15th of April. If you cross the deadline then you need the 2009 tax returns.

[NigeriaorBust 4,087]

She will still need 2009 data by interview time or she may get an RFE as they will review it after the deadline. I would send her sister a strongly worded letter by certified or registered mail giving a dead line for the form and quoting the tax law. In that letter state that unless it is received you will be requesting that the IRS give you a copy of the form she was required to submit and that she ( the sister) will have to resolve any issues with the IRS.

[icepeck 1]

She will still need 2009 data by interview time or she may get an RFE as they will review it after the deadline. I would send her sister a strongly worded letter by certified or registered mail giving a dead line for the form and quoting the tax law. In that letter state that unless it is received you will be requesting that the IRS give you a copy of the form she was required to submit and that she ( the sister) will have to resolve any issues with the IRS.

It is true she might need the 2009 tax data but considering her husband situation, they need to file for AOS as soon as possible then file for an extension which provides an extra six months to file her return. Within that 6 months they can contact IRS if her sister still refuse to provide the forms.

[Elghazi2008 4]

For part of 2009 my wife (U.S citizen) worked for her sister as a nanny looking after her 2 children. The job wasn't 'on the books' and she was payed by check each week. My wife however did the right thing and took tax out of that and paid it to the U.S Treasury.

The problem we have is that the relationship between my wife and her sister broke down, and my wife's sister is refusing to issue a 1099 form that is required for the IRS. This puts us in a dilemma as the AOS forms require 2009 tax information that we really can't supply without this form.

I'm wondering if anyone has a solution or options for us so we can go ahead and get the AOS ball rolling. I have 3 weeks before my I-94 expires and i'm getting a little worried about our options.

Thanks alot.

S&J

I would submit an inquiry to the IRS. You may also want to have a consultation with an attorney to discuss her options. She can file her 2009 taxes without her sister submitting the 1099 but if the sister doesn't have an EIN number, I'm not entirely sure how the IRS would be able to do much since she's not an employer per se... then again I only say that because I'm not too knowledgeable when you get right down to it..

Do not worry about the 2009 taxes for your AOS though. Chances are that you may end up WITHOUT an interview, as we did. If that happens, you won't need to worry about it at all. If you do have an interview and they ask about it, you will just have to explain your situation and the efforts you've taken to get the issue resolved. I would file for AOS before the April 15th tax deadline if at all possible. If you can't, you can always submit a written explanation with your AOS submission regarding the 2009 tax situation. We had to submit an explanation as to why I did not file at all in '06 and '07...and in '08, my income was quite low...But it all worked out in the end...

Best of luck.

[Brother Hesekiel 2,235]

Although the "employer" has to issue the 1099, it is VERY COMMON for them not to file it. In fact, I've been reporting 1099 income for years without having received one. The 1099 is for subcontractors, so it is reported on the tax form as income.

The only problem is if it happens the other way around.

The employer (for lack of a better term) issues a 1099 and sends the copy to the IRS and YOU do not report that income. But if you report income you received, yet have not received the actual form, means n-o-t-h-i-n-g.

[besaangel 17]

Or u could have her submit Tax Transcripts instead...

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopiesof your Federal individual income tax returns for the threemost recent years."

"If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy."

http://www.uscis.gov/files/form/I-864.pdf

[norrin 3]

Yes she needs to file for AOS with whatever tax records you have...HOWEVER you more than likely will get an RFE and have 85 days to respond they want to see recent tax records.