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Illegal Aliens Filing Income Tax Returns

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  • Illegal Aliens Filing Income Tax Returns

    Can Illegal alien allowed to file income tax returns? Especially those who are using bogus SSN...

  • #2
    Can Illegal alien allowed to file income tax returns? Especially those who are using bogus SSN...

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    • #3
      Iyay,
      Illegal aliens can file income tax returns under the same general requirements in the IRC. They are not considered non-resident aliens based on the substantial presence test, that is present in the o****ry for at least 31 days for the current year and a period of 183 days counting all the days in the current year, 1/3 the days the one year before, and 1/6 days 2nd year before. It does not matter whether the TID# and name on the w-2 and 1099 are the same or different, it is only gross taxable income in IRC 61. Most likely, if the illegal is uses the invalid SSN on their tax return, any refund will be frozen until the person can show proof of their identity, assuming the illegal is the primary taxpayer. Finally, the illegal alien would most likely uses an ITIN, a taxpaye identification card for tax purposes only. However, illegals would not be able to get EIC, but could get other credits if they are eligible.

      Hope this answers your question Iyay.
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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      • #4
        Unlikely. If she was arrested, it was likely for something she did with her taxes. IRS doesn't just report info found in the course of its investigations to other agencies, such as ICE. If it became a criminal matter, at a guess ICE would get notified. Would that the IRS, and Social Security, reported illegal aliens.

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        • #5
          No, Lani, I hadn't heard that. The biggest obstacle to enforcing the immigration laws has been the unwillingness of immigration, the IRS, and Soc. Security Admin. to cooperate.

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          • #6
            Lani,
            There is no way in which a person can be identified as an illegal alien on a tax return, PERIOD! The Inspector General for Tax Administration, which is through the Dept of Treasury, is an internal independent agency whose primary responsibilities is to police the police. As ususual, reporters do not tell the truth, only what you want to hear, no matter what your political affiliations, education, or personal interests is to the story. They are useful idiots and that is all.

            More likely, there was a CI investigation going on by which IRS, ICE, FBI, and local police were involved in a sting operation of some sort. Please provide the exact article and reference if you want to back up that type of claim.
            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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            • #7
              I filed joint tax returns with my husband, using an ITIN for him and nothing negative resulted. Of course, that was two years ago. The last two tax returns were filed the same way, but while my husband is outside of the country.
              Have a nice day

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              • #8
                ***p

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                • #9
                  Lani
                  W-2's are sent to SSA first. 1099 forms are sent to IRS first. SSA and IRS do share earned income data, either employee (W-2) or independent contractor (1099-MISC), but there is no way to find out if a person is illegal or not. A vast majority of the differences between the names on W-2 and 1099 forms happen to be with either married/divorced women. This happens because either the married/divorced wife has not contacted SSa to request the name change.

                  NOw SSA does have proceedures eternally to identify identity theft, but most of the time, this process has to be implemented first by the person directly affected.

                  TIGTA, Treasury Inspector General for Tax Administration is the eternal police force to monitor compliance with treasury employees, not find out how many out of 137 million tax returns and w-2/1099 information is reflected on the tax return. It is not possible even with the electronic modernization.
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                  • #10
                    Do they get their refund?

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                    • #11
                      Yes

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                      • #12
                        Can Illegal alien allowed to file income tax returns?
                        No! If you are not allowed to work, how can you file taxes?
                        But if you need to work to feed yourself and survive, then make as little money as possible, so you would be exempt from paying taxes (make under $8-10K a year).


                        Especially those who are using bogus SSN...
                        Bogus SSN filing is a permanent record of using false document for benefit, a charge that carries up to 5 years prison term and permanent bar to admission.

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                        • #13
                          how about applying for an itin? on form w-7 you are asked for your immigration status copies of visa etc and basis for filing taxes?
                          won't that kind of info set off a red flag somewhere?

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                          • #14
                            An illegal alien not paying or filing for their taxes is like an unlicensed driver not having their car inspected.

                            NOT filing your taxes just increases the penalties you may eventually face.

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                            • #15
                              sugarpuff,
                              is someone (suppose a USC) who makes $5-7K a year required to file tax returns?

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