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Laredo Texas Form Instructions 944: What You Should Know

This form is designed to protect individuals and entities from financial loss if an inadmissible individual is removed from the U.S. and is discovered to be not inadmissible for a different reason. The form is used in conjunction with the application for an immigrant visa and Form I-797 for the return of an alien's non-immigrant visa. The form (Form I-944) is used by an entity to demonstrate that it is not a taxable foreign entity. A taxpayer notifies the agency that it will not file Form I-944 if it is required under the federal tax law to file an income tax return because a claim is based on failure to be an independent contractor. When required under the federal tax law, the taxpayer is required to certify in writing (substantially in the same form as provided on the Form 944) what work was performed (or performed or to be performed) for the taxpayer on the taxpayer's own behalf and the amount paid which did not result from services performed by the taxpayer. See IRM 5.9.3I944-1 and Form 944-F. These forms will be used to provide a reasonable basis for withholding and remitting. When required under the federal tax law, the taxpayer is required to prepare and certify to the agency the following: Incomplete Form 944 cannot be used to establish a work basis under § 554 before the taxpayer has obtained a valid exemption under IRC § 564; and It cannot be used as an independent contractor exemption claim before the taxpayer has obtained a valid exemption under IRC § 564. For example, a taxpayer may be found disqualified from withholding tax under IRC 564 if the taxpayer fails to determine that the wages received in a taxable employment are, in fact, taxable wages. Taxpayers should obtain an electronic version of Form 944 and a form or letter from the state which they filed with in order to properly use this form. Form 944 with a letter from the state may be used for Form I-797, the return, to receive an expedited waiver of the 25-year tax on foreign base company income that is not paid to a nonresident of the state, provided the amount of the exemption claimed is on IRS Form 941 or Form 5498, the return, and the taxpayer receives Form 3923 on or before the 30th day following the filing due date.

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