Is the sponsor responsible

[Roberah 1]

Is the sponsor responsible if a permanent resident commits tax fraud?

[Unlockable 7,306]

What do you mean by responsible? As in will pay the penalty or the IRS coming after the sponsor? Short answer is no.

 

If the sponsor helped the permanent resident commit the fraud, then yes.

 

If the permanent resident used the sponsor's name and information to commit the fraud it may cause some problems for the sponsor. As a permanent resident, he or she must be abiding by laws and have good moral character. This is the only immigration issue I see with this particular situation. 

[Villanelle 4,121]

Is the sponsor married to the LPR and are the tax returns filed jointly? If so they both committed tax fraud.

[Italian_in_NYC 259]

Tax fraud is a serious offense. So serious that the burden of proof (of the fraud) is on the Government. I rarely see it in my profession and when I saw it, the CI unit was involved.

[Roberah 1]

The permanent resident is my soon to be ex wife and her sponsor is my mother.  My soon to be ex wife didn't claim her work on her taxes so that she wouldn't have to pay.  She filed married filing separately and neither I or my mother (her sponsor) knew she even filed.

[Roberah 1]

If our divorce goes to trial it will be brought up and from what I understand the judge has to let the IRS know about the tax fraud

[Roberah 1]

Also it is easily provable since her job was caring for my grandmother and she was receiving checks from my aunt who was paying her to care for my grandmother

[Nitas_man 3,100]

11 hours ago, Roberah said:

Also it is easily provable since her job was caring for my grandmother and she was receiving checks from my aunt who was paying her to care for my grandmother

Good.  Then your aunt who employed her must have been withholding and paying up her share of the social security, right?  Also provided her a W-2?  I'd be careful here sport.  You may be opening something that should stay closed.

[Umka36 781]

Was your soon to be ex-wife provided a W2?

 

"Special rules apply to workers who perform in-home services for elderly or disabled individuals (caregivers). Caregivers are typically employees of the individuals for whom they provide services because they work in the homes of the elderly or disabled individuals and these individuals have the right to tell the caregivers what needs to be done. These services may or may not be provided by a family member. If the caregiver employee is a family member, the employer may not owe employment taxes even though the employer needs to report the caregiver's compensation on a Form W-2."

 

https://www.irs.gov/businesses/small-businesses-self-employed/family-caregivers-and-self-employment-tax

[Roberah 1]

There was no W-2 given, my aunt said that she was not going to do anything about it as if the work never happened

7 hours ago, Nitas_man said:

Good.  Then your aunt who employed her must have been withholding and paying up her share of the social security, right?  Also provided her a W-2?  I'd be careful here sport.  You may be opening something that should stay closed.

What do you mean? Why should it stay closed?

[Umka36 781]

Well your aunt was supposed to provide a W2. What's the proof that your soon to be ex wife was paid by your aunt? Sounds like a few family members were involved in the under the table shenanigan.

 

Your mom would not be help liable for this, and besides they would go after you first as you are the primary sponsor.

[Roberah 1]

2 hours ago, Umka36 said:

Well your aunt was supposed to provide a W2. What's the proof that your soon to be ex wife was paid by your aunt? Sounds like a few family members were involved in the under the table shenanigan.

 

Your mom would not be help liable for this, and besides they would go after you first as you are the primary sponsor.

she is given checks every week that are cashed in her bank account, plus text messages of her saying that my aunt is not going to give her a w-2, and everyone in the family knows since my grandmother had five daughters.  I am not the primary sponsor, my mother is the only one that sponsored her

[Nitas_man 3,100]

13 hours ago, Roberah said:

she is given checks every week that are cashed in her bank account, plus text messages of her saying that my aunt is not going to give her a w-2, and everyone in the family knows since my grandmother had five daughters.  I am not the primary sponsor, my mother is the only one that sponsored her

What are you trying to get out of this?  Your aunt will be the one who gets in trouble here. 

[Roberah 1]

33 minutes ago, Nitas_man said:

What are you trying to get out of this?  Your aunt will be the one who gets in trouble here. 

It doesn't matter what I am trying to get out of this.  That has nothing to do with the questions about the topic.  Nobody knows anything about anyone else on here or their families.  Either way they both should be getting in trouble with all of this from what I understand.  Thanks for all who has had input on this

[Lemonslice 4,580]

13 minutes ago, Roberah said:

It doesn't matter what I am trying to get out of this.  That has nothing to do with the questions about the topic.  Nobody knows anything about anyone else on here or their families.  Either way they both should be getting in trouble with all of this from what I understand.  Thanks for all who has had input on this

https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity