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Tax Issues for Immigrant Workers in Litigation

Learn about handling tax matters for immigrant workers involved in litigation, including income exclusions, worker protection, case settlement structuring, and helpful resources.

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Tax Issues for Immigrant Workers in Litigation

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  1. Tax Issues for Immigrant Workers in Litigation By: Catherine K. Ruckelshaus National Employment Law Project 55 John Street, 7th Floor New York, NY 10038 cruckelshaus@nelp.org

  2. Before the Case • What are the Claims and Damages? • What’s excludible from income? • What’s earnings income? • What’s non-earnings income?

  3. During the Case • Protect workers from questioning on tax and immigration status • Tax status is not relevant in most instances • Treat all workers the same

  4. Settling the Case • Who’s going to receive the money? Otte case says whoever receives the money is responsible • What forms will the payor prepare? • Structuring the settlement • WA state story with a good ending

  5. Resources and Follow-up Information • Comprehensive paper on taxes and settlements, contact lnorton@palegalservices.org • Sample protective orders and briefs, contact cruckelshaus@nelp.org • ITIN’s in settlements, contact cruckelshaus@nelp.org, www.nelp.org, and others on this panel

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