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FAQ - Form 5304-SIMPLE

What is the purpose of Form 5304-SIMPLE?
The 5304-SIMPLE is a voluntary identification form for foreign nationals and dual-nationals who do not hold Form 5304. Form 5304-SIMPLE will identify the alien, and the aliens filing jointly, by name, place of birth, sex, height, weight, and eye and finger color using an established standard used by the Department of State to identify individuals who are of U.S. birth abroad. The forms do not require the name, photograph, or signature of the individual. These individuals are referred to as “Citizen of the United States” or “Dual National.” Aliens in a dual nationality or dual-national state who file a 5304-SIMPLE to change their status should keep a copy of their form with them. The 5304-SIMPLE does not provide any additional information than the form currently required to apply for and obtain a visa or admission to the United States. In most cases, Form 5304-SIMPLE does not require the name of the applicant or the name of a family member who may accompany an alien. The applicant's social security number is generally provided in the form on file with the Social Security Administration when filing a 4500 Form F-4 (Temporary Report of Foreign Birth) (or Form I-9 when accompanying a noncitizen spouse or child), and this information will be also included in the Form 5304-SIMPLE filing. If the Form 5304-SIMPLE does not ask for the alien's name and identity, you will not need to complete other sections of Form 5304. If the Form 5304-SIMPLE does not identify the alien by name, the information will appear on the appropriate line under the entry “Name,” in the upper left corner of the Form 5304. If the Form 5304-SIMPLE refers to a relationship or other fact that is not readily available from the Form I-94 or other appropriate government records, the applicant should check the box for “Other.” Fees If you plan to file Form 5304-SIMPLE before going on a visa or admitting the alien to the United States, the fee for Form 5304-SIMPLE is 70. (This includes service of the application, all applicable fees, and any applicable penalties.) Otherwise, the fee is 150. If you have a Form 4500, complete Form 5304-SIMPLE and mail it to yourself, or, if filing electronically, fax it to the Department.
Who should complete Form 5304-SIMPLE?
Assemblers for all the major desktop computer operating systems, ranging from Mac OS X to Windows XP. How long can Form 5304-SIMPLE be received? For mailing purposes, all instructions should be mailed on the same day that it is received. For receipt of the Form 5304-SIMPLE in person, the following guidelines can be followed. If mailed, the Form 5304-SIMPLE is to be picked up between 9:00 a.m. and 6:00 p.m. (local time). If mailed, the request should be sent to the address with which the sender is registered, so the form can be collected in person. If delivered in person, the request should be given to the person to whom Form 5304 was forwarded. Once Form 5304 in person has been accepted, the form is then to be completed in person. If no one at the address for receipt is receiving the Form 5304 Form 5304-SIMPLE must be delivered in person by the recipient. When the request is made through mail, the request should be handed directly to the person to whom the Form 5304 is to be sent. The form should be completed on the delivery notice, or, if a delivery notice is not being provided, the document may be left with the employee. If the Form 5304-SIMPLE is received at the delivery address it should be signed by the delivery attendant. The request must be complete before 3:00 p.m. (local time). All instructions should be mailed on the next business day. If mailed, Form 5304-SIMPLE should be posted to the employee's last known address (for receipt in person), by the 9:00 a.m. (local time) mail delivery deadline. If mailed, Form 5304-SIMPLE should be mailed to the employee's last known address (for receipt in person), by the 4:00 p.m. (local time) mail delivery deadline. When a request is made for a copy of a Form 5304-SIMPLE by an attorney for the employee, the request must be written and signed by the attorney, indicating that the attorney will use only to complete the Form 5304. For more information about how to fill out and complete the Form 5304 Complete and sign Form 5304 and mail to the employees' last known address at (address given by the employee).
When do I need to complete Form 5304-SIMPLE?
The requirements for completion of Form 5304-SIMPLE vary by the applicable credit term. View the forms below to learn more about the requirements for completing each form. Eligibility How do I know whether I qualify for an IBR? The IBR may qualify you for benefits if either of the following applies: You earned a credit under IBR and applied to become eligible for Social Security benefits through this program. You applied for benefits under IBR and you previously qualified for benefits through your ICR. Can I be approved, denied, or continue in the IBR program? Yes. The IBR is a benefit offered to low-income, unemployed workers who have earned credits under ICR and applied for benefits through this program. Your eligibility for IBR may be suspended during periods of high unemployment. In order to determine whether you qualify for an IBR, you must first identify your eligibility for benefits under ICR. When you are ready to complete Form 5304-SIMPLE, contact the Social Security Administration toll-free at (TTY) or you can complete your IBR application online; click here to start your IBR application on the SSA website. This will take you to the Forms and Publications section of Social Security. After completing and submitting Form 5304-SIMPLE, or after you have determined that you qualify to receive an IBR, the SSA's Eligibility Operations Center will complete the IBR application. Social Security Administration Eligibility and Certification Form 5304 (Online/Phone Only) Form 5304-SIMPLE (Online/Phone) Contact the Social Security Administration toll-free at (TTY) or you can complete your IBR application online; click here to start your IBR application on the SSA website. This will take you to the Forms and Publications section of Social Security. After completing and submitting Form 5304-SIMPLE, or after you have determined that you qualify to receive an IBR, the SSA's Eligibility Operations Center will complete the IBR application.
Can I create my own Form 5304-SIMPLE?
A person cannot create a form that is not in the CTP's Forms 5304 & 5605 sections. These forms contain the data that the individual or organization must use when completing their own Form 5304-SIMPLE. If a person already has a Form 5304-SIMPLE on file that he or she uses, then no additional documentation is required. An organization may need to obtain the form for your organization if it is the only entity that must prepare its own Form 5304-SIMPLE. This may occur if you require an organization to make one or more reports for you, or you are the organization's representative. If you already have Form 5304-SIMPLE on file and need to create a new one to include your organization information, then you will need to have your Form 5304-SIMPLE on file in your agency's electronic filing system. If your agency's electronic filing system is not set up to handle Form 5304-SIMPLE, you must download the Form 5304-SIMPLE or obtain a paper copy of it via the CTP. Who can I contact if I need additional assistance with my Form 5304-SIMPLE? The CTP can help you apply for and process your Form 5304-SIMPLE. If you need assistance, you can contact the CTP or CFS. Additional help is available in the form of publications listed in the Forms 5304 & 5605 sections.
What should I do with Form 5304-SIMPLE when it’s complete?
When you receive Form 5304-SIMPLE, you can complete the form as you would any other tax return. See the instructions for that return for more details about preparing your return. This means you could use the form to make a decision about filing Form 5304-SIMPLE for the year or for any other tax year you would like to return. When you decide to file Form 5304-SIMPLE, you can use the information gathered on Form 5304-SIMPLE in place of information you previously entered on Form 705, Schedule B or other IRS schedules or forms. You can also use the information you are able to gather on Form 5304-SIMPLE to identify income and deductions, for example, using an itemized return, a separate return, or the IRS 1040 line to figure deductions and credits. See Publication 17, with the Instructions for Form 5304, for details. Form 5304-SIMPLE is used to determine whether to cancel a prior year tax return. It is the same as using IRS Form 5304, with the exception that you may use the simplified returns form with the additional information required for Form 5304-SIMPLE if the requirements for a Form 5304-SIMPLE are not met. See Publication 17 and Publication 926 for more information on how to use this form. Form 4797 is used to process Form 4679, Individual Retirement Arrangements, a special tax form. Use Form 4797-SIMPLE to help determine whether the IRAs you are using to file an amended return must be filed individually or jointly with your spouse or common-law partner. Use Form 4797-SIMPLE in place of Form 4679-simplified, the only form required to be filed under this program. To determine whether Form 4679 is a special tax return, see the Instructions for Form 4797-SIMPLE. Can I use Form 5304-SIMPLE to make a decision about whether to file my federal income tax return for the 2015 tax year? Yes, if you are filing a tax return. You need to file a tax return to calculate all of your tax liability. Form 5304-SIMPLE is used to make a decision and to document your decision so that you can later find you can file your 2015 tax return. The decision you made to use the Form 5304-SIMPLE must be supported by your tax return information.
How do I get my Form 5304-SIMPLE?
If you are a citizen of the United States and have filed a Form 5304-SIMPLE, you can obtain a photocopy of your Form 5304-SIMPLE by calling toll-free at. A Form 5304-SIMPLE form should be completed by a certified or registered mailer and sent to The State Department of Employment Security's Office of Information Technology and Law Enforcement, Room 434, 100 Washington Street, New York, NY 10017, Attn.: Office of Information Technology and Law Enforcement. What if I lost my paperwork at the Department of Homeland Security? You can file a claim with ICE at: ICE Attention: Claims Processing Bureau P.O. Box 1853 Miami, FL, 33 I received notification that my Form 5304-SIMPLE has been issued, but when I call to check, the call hangs up on the first line. Why? The first time you receive a Form 5304-SIMPLE, you may be able to speak to an Immigration Officer through a toll-free number. Once you have obtained your Form 5304-SIMPLE, call the toll-free number to find out if you may obtain additional forms, instructions, or contact information. If not, an Immigration Officer may have an additional information box on the Form 5304-SIMPLE for you to fill out. The toll-free number is. What will be the status of my application once I have received my Form 5304-SIMPLE? If successful, you will be able to obtain a social security number and begin the process to obtain your employment authorization.
What documents do I need to attach to my Form 5304-SIMPLE?
We always recommend you print and complete the form before returning it. The following documents are not necessary to attach to the form: 1. An original and valid birth certificate (must have the applicant's full name, date, and city or village) 2. A copy of a U.S. passport with no visa affixed. 3. A copy of a student ID to verify the applicant is on a school-sanctioned school trip, if applicable. 4. A copy of a court order for custody of the applicant's minor child. 5. A letter from the U.S. Department of Labor indicating the U.S. citizen is employed and qualified to work or be engaged in business here. 6. A copy of a Social Security card (with name, date, and place of birth) 7. Documents verifying the applicant's legal presence in the U.S. 8. A letter of recommendation from a local attorney or physician. 9. An original medical certificate from a U.S. medical center or hospital. 10. Copies of school records in the applicant's home state. 11. Evidence of employment, such as pay stubs or time records from a place of employment, with the employer's name and address or a letter from the employer verifying employer-employee relations. 12. Proof of legal status as a U.S. resident, such as green card or U.S. passport. 13. Proof that the applicant or family members have lived in the U.S. for the past three years, such as a U.S. Department of Homeland Security-issued Alien Registration Receipt in the U.S. 14. An employer's contract or employment contract that complies with the law for immigration purposes. 15. Proof of insurance for at least the past 12 months. 16. Any additional form of identification the applicant desires, or a copy of the identification required by the employer. 17. A check or money order made payable to “Consulate General of the United States of America” or “Consulate General of Israel” to cover the service fee. 18. Proof that any financial documents submitted to us have not been altered in any way. When is my tax return due? You need to file your tax return by June 15, 2019, to complete your citizenship requirements. The return form can be found on the Department of Labor website.
What are the different types of Form 5304-SIMPLE?
If your payment arrangement includes both IRS EIN and IRS social insurance number (SSN), you must fill out the Form 5304-SIMPLE to get a Social Security Number (SSN). What is a Form 5304-SIMPLE from the IRS? You must fill out a Form 5304-SIMPLE from the IRS if the payment arrangement is with both the IRS and an employer-related payment arrangement. Which employees must receive their own Form 5304-SIMPLE? You must ask each employee, who is not the employer, to fill out a Form 5304-SIMPLE that you can provide to the IRS. Who can I ask the IRS to fill out their Form 5304-SIMPLE? You can ask the IRS for Form 5304-SIMPLE only if: You are the employee and the payment arrangement is with an employer-related arrangement. Your employees agree with you that they want to have their own Form 5304-SIMPLE. You are the employer and the payment arrangement you are getting from the IRS is either an IRS-issued Individual Taxpayer Identification Number (ITIN) or Individual Taxpayer Identification Number plus Employer Identification Number (EIN) from an employer-related payment arrangement. The payment arrangement is not an employer-related arrangement and not the recipient of any payments from an employer-related arrangement. See the Instructions for Form 5304 for more information. You must first ask your employees about their agreement with you or ask the IRS for Form 5304-SIMPLE. If you provide Form 5304-SIMPLE and ask the IRS to sign it, the IRS will not sign the Form 5304 unless they agree with your explanation that you have asked the IRS for this form. If you provide Form 5304-SIMPLE and do not request a signature, you must tell the IRS that you are using Form 5304-SIMPLE to get an IRS EIN or SSN for the IRS. For more information, see the “Where to Get Form 5304-SIMPLE” section in IRS Publication 590-A. Who can I ask to sign and fill out my Form 5304-SIMPLE? You can ask your employees for their signature on a form. For more information about how to sign and fill out your Form 5304-SIMPLE, see the instructions for Form 5304.
How many people fill out Form 5304-SIMPLE each year?
In 2016, 5,000 new SIMPLE applications were submitted to the Census Bureau. Of those, 2,800 were denied. The rest were approved. Is there a special form for SIMPLE, and why is it different from the regular Form I-9? Yes. The Form 5304-SIMPLE is filed by an individual, family, or household. It requires personal information including name, date of birth, social security number, date and place of birth, citizenship, place of birth or U.S. resident alien status if the U.S. citizen is not lawfully present in the U.S. Can a household be married? Only individuals, families and households may file as a single entity. Also, the household must report the gross income of all household members and not just the household head. Can a couple file as a couple and be able to file jointly, like a single person? Yes. They can submit two forms: a Form 5304-SIMPLE for family or household members and Form I-9 for an individual. In order to complete both forms, the family or household member must have an individual tax identification number (ITIN). Can an individual use the I-9 to file jointly as a business? Yes. Individuals can use Form IT-8872S, Individual Taxpayer Identification Number, which is not an ITIN. Business taxpayers may use Form IT-8242S, Employer Identification Number, which is an ITIN. When a married couple files for joint tax filing with Form IT-9, are they allowed to include only amounts of income from work as well as investment income or only income from the partnership? Can both spouses file? Only the family or household member can file jointly, as individuals can only file jointly with Form 5304-SIMPLE. If you are married to a U.S. citizen then you may file jointly under both Form 5304-SIMPLE and Form IT-8242S. If you file jointly, you should file Form IT-8242S to indicate that you are a spouse of a U.S. citizen. If your married filing separately then you should file all three forms.
Is there a due date for Form 5304-SIMPLE?
Answer: Yes, Form 5304-SIMPLE must be filed by the due date outlined in the instructions that are included with Form 5304. Form 5304–SIMPLE should be filed within one year of the date on which the Form 5304 was received. Does Form 5304-SIMPLE list all the information that is required for the employee? Answer: Yes, Form 5304-SIMPLE lists all the information that is required for the employee. Does Form 5304-SIMPLE provide information regarding the employee's health? If so, does it contain all the information? Answer: Yes, the Form 5304-SIMPLE provides information pertaining to the employee's health that is required to be disclosed by the IRS under the regulations in section 6104(b). I have a Form 5304-SIMPLE. What are the options for me to include my employee information on the Form 5304? Answer: Form 5304-SIMPLE is available to each individual who is required to include employment and compensation information with their Form 1040, 1040A, 1040EZ, or 1040NR. All the forms should include the “SIMPLE” information. Some Forms may require the employees to submit additional documents such as a W-2 or 1099. Will Form 5304-SIMPLE have information about my employees if I use the “SIMPLE” option for Form 1040, 1040A, 1040EZ, or 1040NR? Answer: Yes, Form 5304-SIMPLE always includes basic information necessary to determine whether the employees are employees for purposes of section 61. Where can I obtain Form 1040, 1040A, 1040EZ, or 1040NR? Answer: You can also obtain the completed Form 5304-SIMPLE electronically through the IRS e-File and/or call (TTY/TDD). You can also submit Form 5304-SIMPLE by mail (available at What types of information should I include in my Form 1040, 1040A, 1040EZ, or 1040NR? Answer: Information to determine whether the employee is an employee may be contained in a certification on behalf of the taxpayer or in a separate certification required by the IRS.
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