You have to have a social security number to legally work in the United States, places that do not ask for one on the application still have to file the I-9 form with a new hire packet to ICE. ITINs are only available to resident and nonresident aliens who are not eligible to work in the U.S. What do you do if you need to file Form W-2 for an employee with no SSN? You Can Hire Someone Who Doesn't Have a Social Security Number FALSE. Do not accept an ITIN in place of an SSN. Use Form W-4 to determine how much to withhold in federal income taxes from employee wages. Good Luck. Advise workers that they are required to … Access from your Country was disabled by the administrator. I know this isn't very helpful to you, but its why the employers won't hire you without it. You must gather information, such as an employee’s name, address, and Social Security number (SSN). Now maybe this person might not be legally be able to work for you, and the ITIN is not an authorization to work. Employers also report employee wages to local and state tax agencies. A Social Security number is needed to work and to collect Social Security benefits. For this lesson we are assuming you are hiring individuals. An employee must list their SSN on a state W-4 form. Any employee without a Social Security card should apply for one using Form SS-5, Application for Social Security Card PDF. Along with applying for an SSN, candidates or employees can also use Form SS-5 to: Individuals typically receive their SSN card within two weeks after the SSA processes their application. If the employee's application and identity document (s) are in order, he or she will receive a SIN in one visit. There are instances when you can’t get a job even if you have a social security number. Employers should note that this does not excuse them from failing to obtain an SSN from a worker after employment has begun. If I employ someone without a social security number, could I still withhold taxes? However, the employer must have the employee complete an affidavit or IRS approved document for failure to obtain a valid tax identification number. Can you hire someone without a Social Security number? ITINs are only available for resident and nonresident aliens who are not eligible to work in the U.S. Do not accept an ITIN in place of an SSN. Or, can I simply NOT hire anyone if they don't have a social security number? And in order to avoid the confusion, it is a good idea to know the difference of these social security cards. Those on a non-employment based temporary visa (like ESTA) without work authorization are not permitted to apply for a social security number. An ITIN is formatted like an SSN (e.g., XXX-XX-XXXX). Form I-9, Employment Eligibility Verification, is a form used to confirm your employee is legally allowed to work in the U.S. On an I-9 form, employees must fill out their name, address, and SSN. In either case, you don’t have to send them to a local Social Security office. However, an ITIN always begins with the number “9.”. Contact the SSA for more questions about hiring an employee without an SSN. However, businesses that violate the law risk federal intervention, which may include loss of business licenses and/or the deportation of illegal workers. All new hires must complete Form W-4 before receiving their first paycheck, and a Social Security Number must be specified on the form. But, while you can ask that employees show you their Social Security card for payroll purposes, you cannot tell them to use their Social Security card for I-9 purposes. for you to review along with their completed form. You might have heard of an Individual Taxpayer Identification Number (ITIN). Social Security understands that this process may affect companies who hire foreign workers, but direct verification from DHS is vital to ensuring the integrity of the Social Security number. There's nothing restricting you from hiring someone with an ITIN number, by itself. Social security number can be obtained both by those who are citizens of the US and also non-US citizens. Get started with your self-guided demo today! NO, and it is your responsibility to ensure that everyone that you hire is eligible to work in the US by completing an I-9 Verification : "Form I-9 is used for verifying the identity and employment authorization of individuals hired … This is not intended as legal advice; for more information, please click here. A case cannot be created in E-Verify without an SSN. The W-9 form serves the same purpose as a … When hiring someone who does not have a social security number, you must have the employee complete an affidavit or IRS approved document for failure to obtain a valid tax identification number. If you’re electronically filing Form W-2 for an employee without an SSN, enter 0’s in the Social Security number field. You are opening up yourself for potential problems. There is, however, a requirement that employees at least apply for an SSN within seven days of beginning employment. Can you hire someone without a Social Security number? If someone has been convicted of assault, that record might not be linked with their Social Security Number. But with some extra time and patience, you can find a place and landlord that are a good fit for you without giving out more information than you want or are able to. If a worker has applied for an SSN but has not received it yet, gather the following information from them: The SSA does not require employees to have an SSN before they start working. Do not accept an ITIN in place of an SSN for employee identification or for work. Any employees that you hire would still need to have proper work authorization. If a candidate you want to hire does not have an SSN, don’t panic. "use strict";var wprRemoveCPCSS=function wprRemoveCPCSS(){var elem;document.querySelector('link[data-rocket-async="style"][rel="preload"]')?setTimeout(wprRemoveCPCSS,200):(elem=document.getElementById("rocket-critical-css"))&&"remove"in elem&&elem.remove()};window.addEventListener?window.addEventListener("load",wprRemoveCPCSS):window.attachEvent&&window.attachEvent("onload",wprRemoveCPCSS); Tired of overpaying? However, the IRS requires you to have an employee’s SSN to report their wages. May 31, 2019 6:55 PM Unfortunately, you may not be able to efile a Form 1099-MISC without either an EIN or an SSN. I would recommend requiring disclosure of their social security number as you are required to provide a 1099 if you pay in excess of $600 to this person in any one tax year. If a new employee does not have a SIN and is eligible to work in Canada, instruct the employee to apply for a SIN at a Service Canada office. Both resident and nonresident alien candidates must use Form SS-5 to apply for an SSN. Again, have your employee apply for a Social Security card immediately by filling out Form SS-5. Admittedly, making money without a Social Security Card can be difficult, as a Social Security Card is required to file an income tax return. www.zumapay.com/single-post/2017/04/21/can-hire-employee-without-social-security-number/, Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/83.0.4103.116 Safari/537.36. Apply for a replacement Social Security card, Mother’s full name (including maiden name), Have employee get a letter from the SSA regarding SSN application, After the employee receives their SSN, verify that the employee name on the new hire documents matches the name on the employee’s Social Security card, Make a copy of the employee’s Social Security card along with copies of other identification (e.g., driver’s license). You or your candidate can access a copy of Form SS-5 from the SSA’s website. First things first, direct your candidate to Form SS-5 to apply for an SSN. And, employees must provide you with personal identification (e.g., passport, SSN card, driver’s license, etc.) When you hire new employees, you are responsible for collecting new hire paperwork. Then create a case in E … While most employers would prefer their new hires to have Social Security numbers, there is no legal requirement for this. Get the answers to all of your burning SSN-related questions below. The one stating from Social Security that you are entitled to work right now. If your worker receives their SSN after you file a wage report, file Form W-2c, Corrected Wage and Tax Statements, to report corrections. It is merely a taxpayer identification number for someone who is not eligible to receive a Social Security Number. Employees must fill out personal information on Form W-4, such as their name, address, marital status, and SSN. But, what happens when an employee doesn’t have an SSN? While it may be possible for an employer to hire an employee without a social security number and seek a waiver from IRS regulations requiring its use on various payroll tax-related forms, it is by no means clear that other laws, such as new hire reporting statutes and DOT regulations, allow such waivers. Employees can apply for a Social Security card for free. Tired of overpaying for accounting software? Save money and don’t sacrifice features you need for your business with Patriot’s accounting software. No two Social Security numbers are the same. Yet, many businesses ask for it in the application stage. In this article, we discuss health insurance for people without a social security number. We can help with ITINs! If a newly hired employee has applied for, but has not yet received his or her SSN (e.g., the employee is a newly arrived immigrant), attach an explanation to the employee’s Form I-9 and set it aside. Form SS-5, Application for Social Security Card, allows candidates or employees without an SSN to apply for one. You can, but why would you? These employees must apply for an SSN, however, and be able to provide the number immediately upon receipt (or no later than 90 days after hire). Try our payroll software in a free, no-obligation 30-day trial. If your employee applied for a card and has not received it yet, write “Applied For” in Box A on Form W-2. If an employee does not receive an SSN or gets turned down for one, they cannot legally work for you. Steps to follow when hiring an employee without an SSN: After your employee begins working, be sure to add them to payroll and withhold payroll taxes from their wages. Depending on your state and business, you might also need to gather additional new hire documents, such as a state W-4 form, from employees. The person must put a tax ID number (social security number, employer ID (EIN) on the form. They must take all reasonable … Copyright © 1999 – 2019 GoDaddy Operating Company, LLC. Employers use SSNs to report employees’ annual wages to the IRS and SSA. We are committed to providing timely updates regarding COVID-19. Some manual-labor employers will hire illegal workers and don’t require their employees to show proof of their social security number. Most applications are verified immediately, but there can be delays. While this may make things a little more complicated for payroll and benefits, employers can, and should, allow work-authorized employees to start before their Social Security … You don't need it at the application stage. But, it's not important that you have the social security number of job applicants.