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Contractors were illegal aliens

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    Contractors were illegal aliens

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    My client used two contract laborers for regular work. Prior to starting them, he required a completed W-9 form. He send 1099's for 2005 and filed 2005 return, and the IRS never reported any discrepancies. The next year, he then sent 1099's and filed 2006 return. Late in 2007, he received an IRS notice that both SSNs were invalid. He confronted both contractors to verify their SSNs and they got very nervous, then went home to "check their records." He has never heard from them again and can't locate them. He has since heard from people who knew them that their SSNs were fake and they have left the area.

    They had worked for him in 2007 up until the day he received the SSN discrepancy notice.

    Does he now simply send 2007 1009's to the addresses on file, and report the labor expense as usual? Should their be any additional notification to the IRS about the situation, to go ahead and answer the questions they will ultimately ask?

    Thanks,
    Steve

    #2
    Answer To Questions 1 & 2

    Yes & No. Have your client hold on to forms W-9. If ever questioned by IRS have him/her produce forms furnished and signed by contractors. Him/Her wasn't required to verify Social Security Numbers furnished. I do not see any problem.

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      #3
      Here's an article I found on this subject. It's written by a law firm, and might be helpful.

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