Q & A

As an H-2A worker, you are not subject to social security and medicare taxes, i.e.: FICA, but you are required to pay federal and state income taxes.

Even though as an H-2A worker you are not subject to FICA taxes, you are still required to pay federal and state income taxes.  If a W-4 form is not filled out, it’s very possible that you will receive a tax bill at the end of year.  No one wants to pay taxes at the end of year, so if you complete a W-4 correctly at the beginning of the employment period, the correct amount of taxes will be withheld from your paycheck so you won’t have to pay taxes at the end of the year.  H-2 Tax can assist with W-4 form preparation, so the correct amount of taxes is withheld.

In many cases, yes, you may claim your spouse and children on your tax return.  If your spouse and children live in Mexico or Canada, you may be able to claim them on your income tax return.

Your spouse, children, and close relatives have to file a W-7 form with the IRS along with your tax return.  A W-7 form allows you to apply for an Individual Tax Identification Number (ITIN) from the IRS, so you can claim an exemption for your spouse, children, and close relatives.

If the person is 18 years of age or older:

•    ORIGINAL Birth Certificate and one of the following are required:
•    ORIGINAL Voter Card
•    ORIGINAL Consular Card
•    ORIGINAL Unexpired Driver’s License (Current)

For persons under the age of 18:

•    ORIGINAL Birth Certificate
•    ORIGINAL School Record dated within the last year that has coursework and grades

For children under the age of 6:

•    ORIGINAL Birth Certificate and one of the following are required:
•    Immunization or Medical Record dated within the last year
•    Letter from medical facility providing care for the child

We will need to submit these original documents along with the W-7 form and tax return to the IRS.  We will return these original documents to you once the ITINs have been issued.

It’s possible, if you owed taxes in previous years and did not pay them, that you could be assessed penalties and fees for unpaid taxes.  Many H-2A workers, however, do not owe any income taxes and receive some type of refund of federal and state taxes they have paid from their paychecks in previous years.

Most likely you are not entitled to claim Earned Income Credit or Child Tax Credits.  Unless your children lived in the United States, you are not entitled to claim earned income credit or child tax credits from the IRS.

H-2 Tax will help you determine what forms you need to file and we’ll prepare your tax return for you.  There are specific rules that determine if you are a resident or a non-resident for tax purposes.  We know the tax law and will make sure that the correct forms are filed on your behalf.

With the current political climate, there has been added scrutiny for everyone to pay their “fair share” of taxes.  Non-compliance with current IRS tax laws could jeopardize your visa status to live and work in the United States.

Each H-2A worker has a unique tax scenario. We take a look at every case to determine what forms need to be filed.  The cost of our services are very reasonable.  Please contact us to learn more about the cost of our services for individuals and groups.