trouble filing 2009 taxes with itin

[LaL 418]

we went to file taxes jointly at a famous tax place here in arizona for the 1st time .. we justmoved from wisconsin.. we were wating for tax refund for almost two weeks.. today tax placed called and asked us to come in.. I worked illigaly but have an itin to file taxespast years with no probems in wisconsin .. I went to the place and they said that irs didn't accept our tax filing and refused to file our taxes because the w2 had a social and I'm trying to file with an itin... they told me that I'm not sopoused to file. because the number on w2 was not mine.. and told me that if it did that in the past years I did fraud! I told them that itin is to file taxes if u don't have a ss# then wat the itin for?..they told me to be careful because I can get my self and my husband in trouble.. I don't know what to do I'm really freaking out and scared... please help

aridnere07,

You're not supposed to file taxes if you work illegally. I suggested that you speak with a good CPA and ask how to fix your previous tax problem. You can be in a BIG trouble with the IRS. Although working illegally is forgiven by USCIS, you might still have a problem with IRS since you've committed fraud by filing tax and worked illegally.

Are you saying that all the people who work sans-EAD should not file taxes too? For example technically K1 entrants who work without one are working illegally.

Himher - I dont know why you replied to me with that paragraph about fake ssns from flea markets - all I was asking was for clarification from the OP.

[himher 634]

Background information for idle perusal only LaL

we went to file taxes jointly at a famous tax place here in arizona for the 1st time .. we justmoved from wisconsin.. we were wating for tax refund for almost two weeks.. today tax placed called and asked us to come in.. I worked illigaly but have an itin to file taxespast years with no probems in wisconsin .. I went to the place and they said that irs didn't accept our tax filing and refused to file our taxes because the w2 had a social and I'm trying to file with an itin... they told me that I'm not sopoused to file. because the number on w2 was not mine.. and told me that if it did that in the past years I did fraud! I told them that itin is to file taxes if u don't have a ss# then wat the itin for?..they told me to be careful because I can get my self and my husband in trouble.. I don't know what to do I'm really freaking out and scared... please help

aridnere07,

You're not supposed to file taxes if you work illegally. I suggested that you speak with a good CPA and ask how to fix your previous tax problem. You can be in a BIG trouble with the IRS. Although working illegally is forgiven by USCIS, you might still have a problem with IRS since you've committed fraud by filing tax and worked illegally.

Are you saying that all the people who work sans-EAD should not file taxes too? For example technically K1 entrants who work without one are working illegally.

Himher - I dont know why you replied to me with that paragraph about fake ssns from flea markets - all I was asking was for clarification from the OP.

[alexpapa 4]

You need a sharp lawyer. Even then, there is no way out of the fact that you have committed a serious crime.

just a sidebar...does this affect your AOS, cuz u mentioned nothing about that..

If it turns out the person is found guilty of committing a crime, they can be denied - Identity theft is fraud and fraud is a crime of moral terpitude

[sjr09 155]

we went to file taxes jointly at a famous tax place here in arizona for the 1st time .. we justmoved from wisconsin.. we were wating for tax refund for almost two weeks.. today tax placed called and asked us to come in.. I worked illigaly but have an itin to file taxespast years with no probems in wisconsin .. I went to the place and they said that irs didn't accept our tax filing and refused to file our taxes because the w2 had a social and I'm trying to file with an itin... they told me that I'm not sopoused to file. because the number on w2 was not mine.. and told me that if it did that in the past years I did fraud! I told them that itin is to file taxes if u don't have a ss# then wat the itin for?..they told me to be careful because I can get my self and my husband in trouble.. I don't know what to do I'm really freaking out and scared... please help

A "ITIN" is not a "SSN" ITIN is a individual taxpayer indentification number. Go to IRS website and look up W-7 that's what you will need to do for your tax purposes. But if you work illigaly yes you can have big trouble!

[KariRu 0]

You should try going to a different tax place, the itin number is for those people working illegally for the purpose of "claiming" taxes. Although you might not receive a big refund you still have to do your taxes illegal or not. The IRS' main concern is that you file taxes this is why they hand out those numbers and they are aware you are working illegally. Also although it's considered fraud to work with a fake social is the reality, and as long as you file and pay your dues uscis will not have a problem. You should not have a problem filing try to go to a not "famous" name because they tend to be ignorant to certain aspects in regards to immigrants.

Hope this helps. Californians are more flexible than arizonians ... I have learned.

[Old Dominion 26]

The places like H&R Block aren't set up to handle cases like yours. The employees are not professional accountants. Their sotfware rejected your return as unable to be submitted to the IRS. A local accountant can handle your case with the IRS. But don't expect the accountant to handle it quickly; they are all overwhelmed right now, so they file for an extension of deadline until July or even later.

[Bobby+Umit 161]

You should try going to a different tax place, the itin number is for those people working illegally for the purpose of "claiming" taxes. Although you might not receive a big refund you still have to do your taxes illegal or not. The IRS' main concern is that you file taxes this is why they hand out those numbers and they are aware you are working illegally. Also although it's considered fraud to work with a fake social is the reality, and as long as you file and pay your dues uscis will not have a problem. You should not have a problem filing try to go to a not "famous" name because they tend to be ignorant to certain aspects in regards to immigrants.

Hope this helps. Californians are more flexible than arizonians ... I have learned.

Wow - this post is full of suggestions on how to get around the law!

Working illegally, using a fake SSN will definitely cause the USCIS to have problems with this person. Using the ITIN does not "erase" the use of the fake SSN.

Use of a SSN not your own is fraud. It is a crime, and there are legal precedents against people doing this.

Edited March 18, 2009 by Bobby_Umit

[Mehmet.Turkey 0]

As he mentioned ITIN number is real, however SS is not. i m guessing he is using someone's SS without their knowledge ( identity theft) by typing his name on the actual SS card showing that number was assigned to him. I have come cross with similar situation like this back in 2003 while working in the restaurant. there were many especially Hispanic background people were doing what he said to get the job. Later on one person i knew had the exactly same situation like him, IRS sent out a letter to our restaurant management asking if this person is real and the names are mathcing in our system. I believe it was big scam organization who were providing this types of fake SS to illegal people got busted by FBI. So my friend you are in the big heck of Hole, i suggest you talk to a lawyer. i really don't feel sorry for you because you were also part of this illegal scam. by the way you cannot have AOS process while having these issue you need clear this out by providing to the USCIS not guilty or dismissed charges.

[Mehmet.Turkey 0]

here is the link read it if you like regarding fake SS, card, green card and stolen identity.

http://24ahead.com/blog/archives/006587.html

[fozzie 41]

Did the tax place actually submit it to the IRS? If not you may get away with it.

However, getting away with it is the real issue. ID theft (if that is indeed what has happened) is a crime and a severe one. It can ruin peoples lives. I had a colleague who had to change his name!!!!!!!!!!!! Another was interrogated by tax officials and made to feel like a criminal because someone used her SSN to file their taxes. They paid out a big refund and now they want to know what she did with it - it wasn't her! The idiots at IRS paid out $10,000 dollars to someone and they don't know who or where they are now. #######!

ID theft can screw up peoples lives!

[kcoyclay1 98]

we went to file taxes jointly at a famous tax place here in arizona for the 1st time .. we justmoved from wisconsin.. we were wating for tax refund for almost two weeks.. today tax placed called and asked us to come in.. I worked illigaly but have an itin to file taxespast years with no probems in wisconsin .. I went to the place and they said that irs didn't accept our tax filing and refused to file our taxes because the w2 had a social and I'm trying to file with an itin... they told me that I'm not sopoused to file. because the number on w2 was not mine.. and told me that if it did that in the past years I did fraud! I told them that itin is to file taxes if u don't have a ss# then wat the itin for?..they told me to be careful because I can get my self and my husband in trouble.. I don't know what to do I'm really freaking out and scared... please help

Just read your post. Are you using the words Social Security when you mean ITIN. Which number is on the W2, the ITIN your requested to file your taxes or another number that appears to be a social security number that you do not know anything about?

I see a lot of people saying you are in big trouble and I guess you are if you are using someone else's SS# but it appears to me as if you are trying to say that you used your ITIN on the W2 and it was mistaken for a SS# and not the ITIN#. If that is the case then you have to explain that it is your ITIN and not someone's SS#.

I requested an ITIN last year but I was refused because I had no income and I was not filing taxes. They responded to my request saying that I am a candidate for a SS# seeing that I am married to a USC so they cannot give it to me. I had just registered with Mary Kay Cosmetics as an independent beauty consultant and intended to introduce others to the business which I did and received commissions and gifts. Because I did not have a SS# they withheld my taxes and submitted it to the IRS at the end of the year. My husband and I have not yet filed our 2008 taxes as yet as I am waiting to receive my EAD card which has been ordered. I guess the only thing to do if the card doesn't get to me before April 15 is for him to file "married filing separately" and explain that we cannot file as "married filing jointly" because I do not having a SS#.

Hope things go well for you. You are invited to visit justanswer.com and ask an immigration lawyer the question and you will get a prompt answer within 5 minutes. Blessings to you. Relax and do not get flustered.

Edited March 19, 2009 by kcoyclay1

[Cino 5]

First of all, it is not 2009 Tax Year yet. I guess you meant to say 2008.

At this point, the only advise I can give you as follows:

Forget about somebody else's SS# & W-2's. Do not show W-2's, just get rid of them.

File your tax return with your spouse (Married Filing Jointly) by using YOUR ITIN even if you don't

have income to show. Only difference is If you use your ITIN instead of your real SS#, you guys

can not get some credits like EIC etc .....

I repeat DO NOT USE SOMEBODY ELSE'S SS# & W-2'S !.....

Yes it is a crime & don't forget that IRS has far more authority & power than USCIS.

"Almost Everybody knows in US is not to mess with the IRS."

GOOD LUCK !....

Edited March 19, 2009 by Cino

[belinda63 3,053]

Using someone else's SSN for employment purposes is identity theft. This is a Federal Felony. Don't believe me, read about the immigration raids in Iowa and Missouri where a LOT of illegal immigrants were arrested and charged with felony ID theft and threatened with up to five years in prison unless they entered an immediate guilty plea to a lessor charge and agreed to deportation.

There a probably a lot of places that know how to get around using a stolen/fake SSN and still filing taxes with your ITIN but that does not make it legal. Some ppl say what the heck they worked and paid taxes, albeit under a false SSN, so what is the harm.

In these times when my husband and I can barely find work I can't be sympathetic to someone who works illegally.

And yes, if a K-1 visa holder works without an EAD they are working illegally and are subject to denial of AOS and deportation.

[Bobby+Umit 161]

First of all, it is not 2009 Tax Year yet. I guess you meant to say 2008.

At this point, the only advise I can give you as follows:

Forget about somebody else's SS# & W-2's. Do not show W-2's, just get rid of them.

File your tax return with your spouse (Married Filing Jointly) by using YOUR ITIN even if you don't

have income to show. Only difference is If you use your ITIN instead of your real SS#, you guys

can not get some credits like EIC etc .....

I repeat DO NOT USE SOMEBODY ELSE'S SS# & W-2'S !.....

Yes it is a crime & don't forget that IRS has far more authority & power than USCIS.

"Almost Everybody knows in US is not to mess with the IRS."

GOOD LUCK !....

That is not very good advice. The W-2 have been filed with the IRS, with her name, and the fake SSN. If they make the connection, uh oh....

Not claiming now, (which of course is illegal, hiding income, regardless of the SSN), would only make the situation worse.

She needs to talk to a lawyer ASAP, ideally one who specializes in tax law. But as pointed out above, they take a dim view on ID theft.

[Cino 5]

I know what I'm talking about, I do taxes for other people all the time.

You have misunderstood his situation. First of all, they have not filed with IRS yet, because

when the tax company was doing their tax, it was rejected. You know why?

I will tell you why "Because you can not e-file by using ITIN". You have to do old school & mail it.

The bottom line is : DO NOT USE SOMEBODY ELSE'S SS#, TRY TO GET YOUR OWN SS# ASAP.