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Can an Undocumented Alien file Income Tax Returns?

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  • Can an Undocumented Alien file Income Tax Returns?

    I would like to know the answer to this question because a friend of mine asked me this because he wants to file income tax returns for this year, however he does not have W2'or anything like that, he received mostly income thru cash or checks.. He has TAX ID NUMBER...

  • #2
    I would like to know the answer to this question because a friend of mine asked me this because he wants to file income tax returns for this year, however he does not have W2'or anything like that, he received mostly income thru cash or checks.. He has TAX ID NUMBER...


    • #3
      Yep, they sure can. As long as they have the ITIN he can file it. But I question the need to file for tax if he doesn't pay any taxes to begin with (I assume so since everything is cash & cheque/under the table) ?

      Not having the W2 is another problem since you need to know the amount of taxes taken from your salary to determine whether you owe the IRS, or they owe you a refund.


      • #4
        My friend will most likely file an AOS within 2-3 years, and does not plan to live US meanwhile, therefore he wants to show to USCIS that he has been a good resident by filing taxes etc.

        Since no income taxes had been taken at all I was wondering what he is going to file?in that case it will be a bad idea because he would have to pay a lot of $$$$, but maybe there could be a way around because he in the end gets only a little bit of money for himself.
        He is self employed, and spends a lot in rent, food etc...and also makes between 18k-23k...maybe he could put deductions or something....

        I heard rumos that undocumented aliens file income tax returns I don't know if this due to the fact that they work for employers using ITIN OR FAKE SS# and they get W2's at the end of the year, or they do it any other way, and that's what I want to find out.


        • #5
          I work with an ITIN, i 've been paying taxes for 3 years, your friend is self employed, so he needs a 1099 to file in come tax return, go to a CPA with your 1099, document all your deductions to the CPA, then you will pay your dues to uncle sam.


          • #6
            remember self employed people are responsible for filing and paying their own taxes in the end of the year unlike emplyees, because they get all their money before taxes troughout the year.


            • #7
              Hey Aguila

              Is your friend "not supposed to be here" undocumented? how did he get the tax id # .. that takes a social secu # to get a tax id #.

              what kind of work is it. consultant, retail store/ sales.. what.

              He does not need a 1099 to file. this is not true.

              Now anybody with a soc or Itin can file a tax return. this is not the issue. Question is .. does an illegal want a trail back to himself, and if so for what reason?


              • #8

                My friend is a 'visa overstay'...

                He applied for Tax ID when his visa was current to open bank accounts, get drivers licence etc, he applied before they got more strict to grant tax id's...

                In reality he cleaning stuff, he gets paid $400 a week, but sometimes does an extra and gets $50 more bucks a week or so.

                He will be probably be able to do AOS within 2-3 years when his girlfriend becomes USC and they will get marry and file paperwork...

                If it will not benefit him in anything I will suggest him not to do file anything, tell me what you think.


                • #9

                  I think you have answered that. He does not have authorization to work. If you robbed a bank .. would one leave a "calling card" as hardcore evidence as to who did it? think about it.

                  Be invisible my amigo. Thats the secret.


                  • #10
                    I disagree. Immigration definitely does show more deference to those that show that they have been paying taxes. And I have never heard of a single case where immigration was notified by the IRS of an undocumented worker filing taxes. Many of the proposed reforms included provisions for work permits for illegals that had been paying taxes for more than three years. That is what the tax ID is for. It is OK if the SS# (the fake one) on the W2 is different from the tax ID on the form. However with 1099 income, remember that all net income after business deductions will also be charged 100% of the SS tax (about 19%) in *addition* to the tax itself. And the state *will* want to know.

                    If they do not file they may very well ask about his working before his adjustment, and they will ask about paying taxes.


                    • #11

                      My friend, I know all the implications about leaving paper trails and working when you are not authorized... but you should know that IRS does not share information with a matter of fact they allow illegal aliens to get TAX ID # so they get more money....

                      My friend thought that may be it would show moral character that he has been doing everything in the 'books'...


                      • #12
                        Hey Aguil

                        I know all too well of what is shared and what is not.and if you really knew... you would be totally amazed. I think I hinted that in the future they will put system in place for these # being used for work. Yes they know about these numbers.. this is why credit s are not given where ITIN's are used.

                        No it wont show moral character. lol u mean like the moral character showing by breaking the law in us by working illegaly. come on now.. fix his brain.

                        Just make sure ur friend does not get any 1099's from anybody.


                        • #13
                          4now, if you don't know about something, you gotta stay quite, what's not true? if you are self employed you need A 1099 TO FILE YOUR TAX RETURN, and if you are an employee you need a W2, that's it.
                          You can pay your taxes with an ITIN through the IRS not social security, you wanna brag about something i have been doing for years, man!!


                          • #14
                            IF you wanna fuss about it, here it is, it's better if he has 1 minor offence for working without INS autorization, than not paying taxes and have 2 major offences in the same time.
                            Working without autorization can always be offset by marrying a US citizen.
                            And yes it shows an immigrant in good stand when you pay taxes, that's why in some of the amnesties they require people to show proof of paying taxes for the last 3 or 5 years.


                            • #15
                              Everybody who stays in the state for the period longer than 6 months is for IRS legal resident of that state regarless of immigration status.


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