no social security number
tmorr
1 Post
Is there a way to bypass the need for a social security number for employment/payroll purposes? I had a prospective new employee tell me that she/he did not have a social security number for religious reasons. She/he wants to be paid in cash and she/he knows of other people who work and get paid without a social security number. Background checks (criminial history), new hire reports, and wage reporting all require a social security number.
This is my first post to the forum. Any insight you may have will be appreciated.
tmorr
This is my first post to the forum. Any insight you may have will be appreciated.
tmorr
Comments
Do not do this.
A yahoo search yielded this information - there is an IRS form W-7 that says an Individual Tax Identification Number (ITIN) can be issued ONLY if a person does not have, or is not eligible to obtain, a U.S. social security number (SSN), and it notes that getting an ITIN does not change immigration status or right to work in the United States and does not make you eligible for the earned income credit. It says "You are eligible for an SSN if you are a U.S. citizen or if you have been admitted by the United States for permanent residence or U.S. employment."
Here's the form. [url]http://www.irs.gov/pub/irs-pdf/fw7.pdf[/url]
So, I'm guessing your person wouldn't be eligible. Long post short, I'd tell this person (nicely, of course) that they'll have to make their political/religious statements elsewhere.
Anyway, I agree with the others... I feel that this person is using religion to hide their unwillingness to pay taxes or get a number. By the way, have you tried to "google" them to see what might come up?
E Wart
I, like the rest of our HR brethen that have responded, believe you can not use the tax ID number in place of the SSC. The key to the prevention of National Origin Discrimination is to bank on the information and documentation required for the I-9 Form. The TAX ID is not recognized in my reference material as available for the completion of the I-9. However there are other documents listed on the I-9 which will be authorized for List C completion. Acceptance of the I-9 requirements of the law for enrollment puts your company in direct violation of the I-9 proceedings of the law supporting the completion of the I-9 Form, should you accept the TAX ID, as an authorized document.
If the most qualified applicant, then you must make an offer for employment and begin your enrollment process. If I was you I would make the I-9 my first document to complete. The individual will provide to you two documents that you can accept. The SSC is one of several that is authorized for acceptance. Should you be able to complete that document then the TAX forms are next and a TAX ID may be useful to complete that information. Paying in cash is also acceptable, but you still must extract the tax information and data and calculate the Gross and Net amounts for the employee. If your company policy is to pay by check, then I would not make an exception to the company policy. Maybe the potential applicant will simply go away.
PORK
I agree with all the enlightened responses above.
A SS # is required by US citizens from the time we are babies...I'm stumped as to how this individual could go without needing one all these years. Play it safe "no SS #, no job".
Cheryl C.
In the past many foreigners who came to the US on tourist visas were able to get SS #s practically upon arrival along with drivers licenses. Two of my brothers-in-law did this. Now it's not that way. You have to prove residency or citizenship at application time.
Cheryl C.
And, I also know, that there are people in jail for not paying their taxes for "religious" reasons or for advising people how not to pay for their taxes for "religious" reasons.