N400 - self employed

A

abc232

New Member
I am self employed and have registered my S corp. In employment history section what should I fill for company name and address? Should I enter " Self Employed" or my corporation name? my corporation does not generate any payroll.


My spouse is also filing for her N400, who is a house-maker but is also 50 percent partner of the S corp.She is not working for the firm. What should be her employment history?

Thanks a lot.
 
As per the IRS definition a "self employed" is a taxpayer who is a sole proprietor / partner if he or she owns unincorporated business. But in my case I own a S corporation which is an Incorporated business.
 
abc232 said:
As per the IRS definition a "self employed" is a taxpayer who is a sole proprietor / partner if he or she owns unincorporated business. But in my case I own a S corporation which is an Incorporated business.
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You are not submitting N-400 to IRS, are you?
 
abc232 said:
No, I am not. But, I wanted to point out that an S corp also doesn't generate a schedule C.
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You are over thinking it - N-400 is asking for a name of employer if the employer pays you a wages. Since you own that business, the name of the business is not really relevant on N-400. How and what forms you file with IRS is irrelevant here, as long as you pay your tax dues to the government and can prove it at the interview by providing copies your personal federal income tax returns.
 
Then I suggest you skip this info since your S-coorporation does not generate payrol (no W-2)and no business income (no schedule C).

Applicants are not required to disclose their business information. There is a question about organization affliation
but that is not for business or employment
 
abc232 said:
Should I enter " Self Employed" or my corporation name? my corporation does not generate any payroll.
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What do you mean "does not generate any payroll"? You don't create paystubs, or the business literally had no revenue even though you were working in it?
 
I would suggest write your business name under employer name, address in second column, under occupation your could write self employed and your officer's title in corporation, e.g. pres/VP/CEO. Owning a C or S corporation or filing schedule C with individual 1040 are both construed as self employed. For your wife technically she owns 50% of business and if she does not holds any officers position with this corporation she cannot hold out herself as self employed. She would be passive investor. Another aspect with regards to IRS is your were required to pay yourself reasonable compensation by virtue of being owner and officer since this is an S corporation.
 
USCIS may also check when your S-coporation was established. If it was established before GC, then immigration law was violated
since by law only citizens and PRs can open an S-coporation while other type of business can be established by non-immigrants.

This applies to both OP and his wife since both are owners
 
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IIRC, there's no such prohibition. The only requirement is that the owner be a us TAX resident, which is not limited to citizens and PRs.
 
TheRealCanadian said:
IIRC, there's no such prohibition. The only requirement is that the owner be a us TAX resident, which is not limited to citizens and PRs.
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This has been heatedly debated several times before, especially by that famous legendary J O E F. No one is absolutely clear. J O E F s posts were deleted from this site and even his name is a taboo. He insisted if you become an owner of a S-coporation before you became PR or citizen, you
are equivalent to working without INS authorization and thus autopmatically make yourself become unlawful immigrants

http://forums.immigration.com/showthread.php?145654-H1B-holder-starting-an-S-Corp
 
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WBH said:
This has been heatedly debated several times before
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It's pretty clear - IRS makes the rules, and therefore their definition of "resident alien" applies.

He insisted if you become an owner of a S-coporation before you became PR or citizen, you are equivalent to working without INS authorization and thus autopmatically make yourself become unlawful immigrants
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The mere fact of corporate ownership doesn't constitute illegal employment. One can be a passive investor in a C-corp, as well as an S-corp, without immigration issues.
 
TheRealCanadian said:
It's pretty clear - IRS makes the rules, and therefore their definition of "resident alien" applies.



The mere fact of corporate ownership doesn't constitute illegal employment. One can be a passive investor in a C-corp, as well as an S-corp, without immigration issues.
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Sorry, by equivalent I meant analogous.
 
WBH said:
Sorry, by equivalent I meant analogous.
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I'm not sure what distinction you are trying to make.

An S-Corp is a corporation with simplified requirements; instead of filing a corporate tax return and corporate taxes, all of the profits of the corporation are considered dividends, taxable in the hands of the shareholders. I imagine that IRS wants all of the shareholders to be resident aliens filing a 1040 so there aren't any withholding or special handling requirements for the shareholders - remember, the entire point is to simplify things.

It's entirely possible for an alien without employment authorization to be a shareholder in a C-corp and get passive income. The same is true for an S-corp, with the added proviso that the alien be a US resident for tax purposes. Now there are certain classes of alien that explicitly cannot be US tax residents, such as F, J and M - but beyond that immigration classification is irrelevant.
 
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