pk
Level 15
Level 15

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@SergiiB ,  just to restate your situation :

(a) Non-Resident Alien  ( Ukraine citizenship ) arrives in the USA  on Nov 15th. 2023 with work visa

(b)  Spouse and children all enter the USA on the same day with work permit and SSN ---- Social Security Number .

 

This implies the following :

1.  For the year 2023, the taxpayer is a Non-Resident Alien and therefore is taxed  ONLY on  US sourced income, must use itemized deduction.

2.    The tax payer ( non-student / non-trainee )  and on receiving 1099-NEC compensation  must pay Social Security and Medicare  taxes to the tune of  15.3%  ( called SECA -- Self-Employment   version of FICA )

3.       The  tax payer , generally  may meet the requirements of asserting request for  First Year  Resident --- but the residency start date is still the first full day after arrival and cannot file return till after meeting Substantial Presence Test ( 183 days present counting  all the days present in 2023, 1/3 rd the days in 2022 and 1/6th the days present in 2020 ).  In your particular case and assuming that this 2023 entry to USA is a first within the last  three years, you would NOT meet SPT in 2023.

4.  In 2024, some where  in  May / June   ( for the example articulated ), you would be a Resident for Tax purposes  and therefore  for the year you  would generally be  dual status  -- Non-Residence  till SPT and Resident thereafter.  Depending on how you proceed , you could be a resident for the full year and therefore be able to use the Standard Deduction ( it requires a full year of residency / presence ), be taxed on   world income..

5. I n all cases though as a self-employed tax payer you are under the SECA rules i.e. 15.3% of net income taxed as contribution to Social Security and Medicare.  A W-2 employee on the other hand shares the 15.3%  ( on a 50-50 basis ) with the employer.

 

 

Does this answer your questions regarding this subject ?   Is there more I can do for you ?

Welcome to the USA , whenever you choose to come   and contribute to this country .

 

pk