Legal Question in Workers Comp in South Carolina

We are working on L1 visa in US. My employer pays like below.

India salary + US Living allowance + Tax gross up.Offer letter also says samething

Eg . 25000 + 36000 + 30000 = 91000

Employee will get India Salary in india payroll and US living allowance in US Payroll.

Tax directly paid to IRS,States,SSA,Medi...All will be reflected in US Payslip.

Now Employer is asking us to claim the tax returns from IRS and state and give it back to employer. Just want to understand is it legal to ask the employee to give back the Tax returns to employer? Tax return consist of Child Tax credits, Sales Tax credits like buying car... etc..


Asked on 1/18/12, 12:54 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Three things. One, you need to go back to where you first started asking your question and see if you can specify a certain type of attorney. Your question is not one that most attorney would be extremely knowledgeable on. I would suggest seeing if you can find some sort of a tax attorney. I'm not positive, but I'm fairly sure that a tax attorney in any state would do. Your question seems to be primarily based on a federal issue.

The second thing, is you might want to consider asking a CPA your question. They should be able to answer it.

And three. When you ask your question to a tax attorney or a CPA, I think it would be very beneficial if you were to explain why your employer wants to do this. I think that would be very important information.

Good luck.

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Answered on 1/18/12, 3:05 pm


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