Why Can't An Illegal....

[BOB W]

..... file for an id # with a W-7 and file a tax return, as well as work for an employer?

[Koss]

Form W-7

I'm not sure I understand your question...

Are you asking whether an illegal alien with an ITIN can go to work as an employee by providing the ITIN to the employer instead of providing an SSN?

BMK

[David1980]

If the question is what I think it is, it's because if they gave the employer the ITIN they would telling the employer "Hi, I'm an illegal alien and you're breaking the law if you offer me a job."

Should it be illegal? Rhetorical question, as the law isn't what "should" or shouldn't be, but what is is.

[taxea]

Way to go Dave...taxea

[Brian EA]

..... file for an id # with a W-7 and file a tax return, as well as work for an employer?

Because employees are not entitle to use an ITIN.In order to work, you must have a valid SS number and that is the law.
brian

[BOB W]

Thank you all for your response. Please read the instruction page, first paragraph, form W-7.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

[David1980]

Not sure what I'm supposed to be seeing.

Purpose of Form
Use Form W-7 to apply for an IRS individual taxpayer identification number (ITIN). An ITIN is a nine-digit number issued by the U.S. Internal Reveue Service (IRS) to individuals who are required for U.S. tax purposes to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain, a social security number (SSN).

Paragraph 2 is also important, as it explains that the number is strictly for tax purposes - not giving anyone the right to work. Providing an ITIN number to an employer indicates you are not eligible to work in the US.

The ITIN is for federal tax purposes only. It does not entitle you to social security benefits and does not change your immigration status or your right to work in the United States. Also, individuals filing tax returns using an ITIN are not eligible for the earned income credit (EIC).

[BOB W]

Thanks again for all your feedback............. Just curious on the the topic and W-7's use.

So an illegal is forced to not report income and pay taxes....................even if he wants to.

Suppose the illegal reports on a Schedule C, what then.

[David1980]

Thanks again for all your feedback............. Just curious on the the topic and W-7's use.

So an illegal is forced to not report income and pay taxes....................even if he wants to.

The illegal is required to report income and pay taxes just like anyone else, which is what the ITIN is for.

Basically, the ITIN can't be given to the employer because an ITIN doesn't make you legal to hire. The SSN can't be used on the tax return because the SSN belongs to someone else. So a 1040 would be sent to the IRS with the ITIN number on it (or a W-7 attached if the taxpayer doesn't have an ITIN yet), and the W-2's would be sent with the 1040 but the bogus SSN would show on the W-2's.

So ITIN is used exclusively for filing of tax returns - but not given to employers. Hence the reason the IRS allows you to efile returns with ITIN on the 1040 and different SSN on the W-2's.

[BOB W]

The illegal is required to report income and pay taxes just like anyone else, which is what the ITIN is for.

Basically, the ITIN can't be given to the employer because an ITIN doesn't make you legal to hire. The SSN can't be used on the tax return because the SSN belongs to someone else. So a 1040 would be sent to the IRS with the ITIN number on it (or a W-7 attached if the taxpayer doesn't have an ITIN yet), and the W-2's would be sent with the 1040 but the bogus SSN would show on the W-2's.

So ITIN is used exclusively for filing of tax returns - but not given to employers. Hence the reason the IRS allows you to efile returns with ITIN on the 1040 and different SSN on the W-2's.

OK, That is the info I was looking for and the way it can be accomplished. Thanks Dave....................