Hello,
My project is almost finished. We had a small local builder construct part of our house. We will now slowly finish it for probably the next 3 yrs,
given the current market in the US. MY question is.... Is there any paper work I need from by builder concerning the final social security payments to
his workers?? It is stated in our contract, for what that is worth, that he was reponsible for those making those payments. I know it was a nightmare
for him to get it set up. A friend that lives down there is overseeing things, and writing the checks to our builder for us. I was on the rollybrook
website and it mentioned a final look by the social security people to finalize everything. The house is only built as a shell, not finished now. I
just reeeeaaaally don't want to make a mistake with the government people. With the fines and headaches that would follow. The builer will be done
with his portion in the next few weeks. I dont want to loose touch with him if there is any unfinished business. We are going down in late september.
Anyone with any knowledge on this would be a great help.
Thanks,Bob and Susan - 8-28-2008 at 05:26 PM
real simple
go to your local social security office...
they can tell you if the fees were paid and give you a printout from the computer that shows all the fees are paid
everymonth i go to the bank and pay social security payments
you could also get these stamped copies from the bankgreta-inbaja - 8-28-2008 at 09:32 PM
Don't know if you did a search for former posts, but the above might be helpful. Bob and Susan's info is good, but having gone through this
experience personally, I'd ask your builder for copies of each months SS official paperwork, including the final month closing out the project. This
will tell you if he really paid it. I advise this because forewarned is forearmed....sort of!
Payment of SS is legally the owner's responsibility, having it in the contract that the builder is responsible will help your case, but don't be
surprised if SS begins to a process to penalize YOU for back payments, late fees, a hefty fine & other penalties. Another thing that's important
is knowing how many workers should have been insured for what periods of time. It's not unheard of for a builder to only put 5-6 of a crew of 12-14
on the paperwork. Hopefully, you have kept records of how much your builder has charged you for SS so that you can compare it to the official monthly
records of actual fees....if any are forthcoming!
By demanding copies from your builder, it does two things, it lets him know you're serious, and if they aren't forthcoming, it's a good advance
indicator of what kind of reception you're likely to encounter when you go into SS....so you aren't blind-sided by the reception you may receive!
Wrong
Dave - 8-29-2008 at 12:34 PM
Quote:
Originally posted by longlegsinlapaz
Payment of SS is legally the owner's responsibility :
The employer is the responsible party.Diver - 8-29-2008 at 12:38 PM
Dave is correct - good to have you back Dave.
Unfortunately, if the contractor does not register his employees then he may claim that they worked for you. You would then be hit with the back
taxes; this has happened before. Just make certain they have been paid before you make your final payment to your contractor.Bob and Susan - 8-29-2008 at 12:45 PM
actually the employer can pay the fine and not pay the taxes
the paperwork he COULD show you
looks like the taxes are paid and infact they are not
the final answer is...
GO to the social security office and
get the paid printout and
if you can get a copy from the builder
of the monthly social security payment receipt from the bankBruce R Leech - 8-29-2008 at 06:19 PM
everyone is kind of right here but do what Bob says before you make the final payment to the contractor.longlegsinlapaz - 8-29-2008 at 08:33 PM
Quote:
Originally posted by Dave
Quote:
Originally posted by longlegsinlapaz
Payment of SS is legally the owner's responsibility :
The employer is the responsible party.
That's kind of subjective...the property owner employs the builder,
who in turn employs the workers.
With one exception, all the cases I'm aware of SS not being paid (in La Paz), SS has gone after the property owner; not the builder; even when the
builder is still in the area. But different offices even within the same jurisdictions often follow their own "unique procedures".
Also Greta, I should have included the words "stamped PAID by the bank" when I advised you to ask your builder for copies of all the SS paperwork.CortezBlue - 8-29-2008 at 09:51 PM
Quote:
Originally posted by Dave
Quote:
Originally posted by longlegsinlapaz
Payment of SS is legally the owner's responsibility :
The employer is the responsible party.
Dave
After just gong throuh all of this and getting my letter liberation, it is the person who answers the door when the Mexican SS person asks to see your
documents. They, the govt. have 5 years to come backand you if you do not have your release letter. For anyone who is about to embark on this you
should put the documentation in your name, not the builders. This was how I found out that the builder was not paying SS for our project. The
office in Mexicali was very helpful and waved all of my fines.meme - 8-30-2008 at 06:42 AM
It has been my undrstanding that you would have been unable to get your letter of Liberation without all SS being paid. But good idea to find out if
the letter is real or a fake? If you live at EDR you cannot sell your house without that letter.
