Working for UK company in the US (K1)

[jackthomas053 18]

I have just had my K1 approved, and will be moving to California in the next 3 weeks. I understand I cannot work during my adjustment of status period, although I know some people still do, I do not wish to risk it. My UK firm wish for me to continue working with them from the US remotely. They have no physical presence in the USA, but we do most of our business there. (We are a recruitment consultancy). Am I able to work for my UK firm (after I have my work permit) from the USA? What are the tax and legal implications of this? Could I still be paid into my UK bank account?

Would massively appreciate any help here!

[Wuozopo 4,285]

12 minutes ago, jackthomas053 said:

I have just had my K1 approved, and will be moving to California in the next 3 weeks. I understand I cannot work during my adjustment of status period, although I know some people still do, I do not wish to risk it. My UK firm wish for me to continue working with them from the US remotely. They have no physical presence in the USA, but we do most of our business there. (We are a recruitment consultancy). Am I able to work for my UK firm (after I have my work permit) from the USA? What are the tax and legal implications of this? Could I still be paid into my UK bank account?

Would massively appreciate any help here!

You get off the UK tax rolls. Per the US/UK tax treaty, you report and pay taxes to the country where you live. (Yes, even if the earnings are from a UK company). No UK tax is held out of your check...no NHS etc.

 

Your employer has to report to the IRS. They can and must  get an EIN (Employer Identification Number) from the IRS. They have to withhold your  US Taxes, Social Security and Medicare from each paycheck and submit the money to the IRS online. They will issue you a W2 at the end of each tax year. They can contract a third party to do the submitting for them.

 

OR they can treat you as a contractor instead of employee. They still need an EIN to report your yearly earnings to the IRS and to issue you a 1099-MISC (instead of W2) at the end of the tax year. They do not have to withhold anything from your check or submit money on your behalf to the IRS if you are a contractor vs employee. You will be considered "self-employed" to the IRS. You will submit your own tax, social security, Medicare estimate payment to the IRS quarterly. Your paycheck will be bigger but don't spend all of it.  Remember to save some of it because of having to pay in your estimate owed the IRS. 

 

 

[Wuozopo 4,285]

4 hours ago, jackthomas053 said:

Could I still be paid into my UK bank account?

Forgot to answer this part. Yes you can get paid into your UK bank account. That does not exclude your employer from having to report to the IRS.