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    #1

    W-7 Itin #

    A Client just walk into my office (who is coming from Mexico) and has W-7 ITIN # from IRS. He does not have social security #.
    He wanted me to file his 2004 & 2005 tax return. Can he legally work in USA without ss#?
    Can he be hired to work in USA even though he does not have work permit?
    According to him, he is eligible to work and pay taxes on his ITIN #.
    Any input will be highly appreciated.

    Thanks
    Tags: None
    #2
    Can he legally work in USA without ss#?

    NO, but that's not a tax issue it's a immigration issue. If he works in the USA he has to report the income and/or pay taxes on it.

    Can he be hired to work in USA even though he does not have work permit?

    Not legally, but again that's the employers problem.

    According to him, he is eligible to work and pay taxes on his ITIN #.

    He needs to study tax law as much as he needs immigration law.

    Daniel
    "A man that holds a cat by the tail learns something he can learn no other way." - Mark Twain

    Comment

      #3
      Can he legally work in USA without ss#?

      A Client just walk into my office (who is coming from Mexico) and has W-7 ITIN # from IRS.
      He does not have social security #.
      AN ITIN is issued simular to a social security card, it will have (MODERN ONES) a 900 series number and if not should have "NOT VALID FOR WORK, ID ONLY"(close without looking up the exact words) on it if he is not allowed to work inside the USA, otherwise
      it should be just as good as a social security number as far as work goes (some older ITIN's looked just like social security cards, but some had "not valid for work" they would have been issued to dependent minors and some adults back in the middle/early 90's and older!) Usually they will bounce for EIC/other if not applicale but nothing will show up giving the reason, usually IRS Rejects when electricly filed for EIC!

      He wanted me to file his 2004 & 2005 tax return. Can he legally work in USA without ss#?
      Can he be hired to work in USA even though he does not have work permit?
      According to him, he is eligible to work and pay taxes on his ITIN #.
      Any input will be highly appreciated.

      That he can do, the only thing preventing him would be if he lost his rights to work (aka they pull his working visa/passport)!
      Another way to check is ask for his VISA (and I don't mean credit card) it will show on there that it is a working visa, other visa that would come with ITIN would be "STUDENT VISA"s "Tourist Visa" and a couple others! If you wished to travel outside the USA you would need a Passport (get one thru the postoffice, read about it on there website) and a visa, the most common is a "TOURIST" visa, this allows you to stay about 30 days in another country, about as far as you can travel without one is going "a little over the border" into Mexico or Canada, and since 9/11 I would sujest having one anyway first, unless you are close to there!

      Comment

        #4
        He can file his taxes with a TIN no problem, you can even EF the return, even know you are not suppose to, I have been doing it for the past 5 years, don't worry about the legal
        status and the IRS, the IRS just want the return filed and taxes paid.

        Hope this help

        Romero's Tax Service
        romerotax@yahoo.com

        Comment

          #5
          EFiling return

          You can only EFile if the number on the W-2 is the same as the ITIN.
          If not you must mail the return in. The W-2 on the EFiled retun must be an exact duplicate of the real W-2.

          Comment

            #6
            Just a note

            Again, after attending the IRS seminar...the ITIN doesn't give the right to work in the US...it is for Tax filing purposes only
            Shawn D. Miller
            Atlanta, GA

            "If you stand on the shoulders of a giant...you will see further than a giant!"

            Comment

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