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SS And Working Illegal Immigrants

SS And Working Illegal Immigrants

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Old Apr 4th 2002, 1:24 pm
  #1  
Concierge
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Default SS And Working Illegal Immigrants

Today's immigration column in the New York Daily News written by attorney Allan Wernick dealt with an illegal Mexican immigrant who filed under the Section 245(i) last year and is now considered legal by INS and wanted to know want to do about his having worked and paid taxes under a false SS number. Makes me really wonder why we even bother to do things the legal way. Draw your own conclusions.

Q: How can my husband fix his tax records? He entered illegally from Mexico and we married in February 2001 and filed for his immigration papers. Like many undocumented immigrants, my husband has been working under a false social security number and paying taxes using that number. In Jan. 2002 he received his legitimate SS number. Should we file taxes for 2001? If he does file, should he use his new number?

A: <snip> Tax expert Eileen Glassman of the New Windsor, NY accounting firm of Goldstein, Karlewicz and Goldstein, LLP, says you should include a letter with the form explaining that he previously used a different number. By providing the old number, the IRS can link his new records to the old one. Your husband should also notify the SSA of the new number. By doing that, the administration will credit his SS retirement account for the time he worked using the false number. Using a false SS number rarely results in immigration or criminal penalties.

Lately the US government has used SS card violations to go after alleged terrorists, but the average undocumented taxpayer need not be afraid. Unless the government has a special reason to go after your husband, his revealing that he used a false card shouldn’t cause him problems.

Undocumented immigrants can report income without using a false number, Instead of a Social Security card number, they can use an Individual Tax Identification Number to report income, pay taxes and sometimes even receive a tax refund.

An ITIN is a 9-digit number used for tax purposes. it is only for people not eligible for a SS number. To apply for IRS ITIN call (800) TAXFORM. If you report income using an ITIN number than letter get a valid social security card, you can ask the administration to put together your two retirement accounts using SSA Form 7008, Request for Correction of Earnings Records.
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Old Apr 4th 2002, 10:36 pm
  #2  
Michael D. Youn
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Default Re: SS And Working Illegal Immigrants

Rete wrote:

    > Today's immigration column in the New York Daily News written by attorney Allan
    > Wernick dealt with an illegal Mexican immigrant who filed under the Section 245(i)
    > last year and is now considered legal by INS and wanted to know want to do about
    > his having worked and paid taxes under a false SS number. Makes me really wonder
    > why we even bother to do things the legal way. Draw your own conclusions.
    >
    > Q: How can my husband fix his tax records? He entered illegally from Mexico and we
    > married in February 2001 and filed for his immigration papers. Like many
    > undocumented immigrants, my husband has been working under a false social
    > security number and paying taxes using that number. In Jan. 2002 he received
    > his legitimate SS number. Should we file taxes for 2001? If he does file,
    > should he use his new number?
    >
    > R: <snip> Tax expert Eileen Glassman of the New Windsor, NY accounting firm of
    > Goldstein, Karlewicz and Goldstein, LLP, says you should include a letter with
    > the form explaining that he previously used a different number. By providing
    > the old number, the IRS can link his new records to the old one. Your husband
    > should also notify the SSA of the new number. By doing that, the administration
    > will credit his SS retirement account for the time he worked using the false
    > number. Using a false SS number rarely results in immigration or criminal
    > penalties.
    >
    > Lately the US government has used SS card violations to go after alleged
    > terrorists, but the average undocumented taxpayer need not be afraid. Unless the
    > government has a special reason to go after your husband, his revealing that he
    > used a false card shouldn’t cause him problems.
    >
    > Undocumented immigrants can report income without using a false number, Instead of
    > a Social Security card number, they can use an Individual Tax Identification Number
    > to report income, pay taxes and sometimes even receive a tax refund.
    >
    > An ITIN is a 9-digit number used for tax purposes. it is only for people not
    > eligible for a SS number. To apply for IRS ITIN call (800) TAXFORM. If you report
    > income using an ITIN number than letter get a valid social security card, you can
    > ask the administration to put together your two retirement accounts using SSA Form
    > 7008, Request for Correction of Earnings Records.

Hi All!

http://www.ssa.gov/employer/paperq&a.htm#ein

Q. One of my employees is an alien whose presence in the country has been legalized
and who has just received a new SSN card. How do I correct earnings I reported
for him last year that showed a different name and number from a prior SSN card?

R. Form W-2c, "Statement of Corrected Income and Tax Amount," is the form to use to
correct prior reports. Complete this form showing both the employee's name and
SSN that you reported and the new (correct) name and SSN.

S. How much time do I have for filing Forms W-2c to make corrections to a
wage report?

T. W-2cs should be filed as soon as possible to prevent having SSA recontact you for
additional information or having IRS assess you penalties for filing the original
inaccurate reports. Failure to file W-2c's within 3 years' time may preclude any
corrections to SSA earnings records or to IRS tax records.

Take care,

Mike
 
Old Apr 5th 2002, 1:35 am
  #3  
Michael Voight
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Posts: n/a
Default Re: SS And Working Illegal Immigrants

Well, the advice on how to correct things with the IRS is not really an immigration
thing and as such, it is answered by a CPA. I am still wondering about the INS
implications because using false documentation has caused problems for immigrants.
From the sound of the original question, I don't think he told INS about the illegal
work. I think there also might be a difference between making up a number and using
someone else's valid name and number.

Michael

Rete wrote:
    >
    > Today's immigration column in the New York Daily News written by attorney Allan
    > Wernick dealt with an illegal Mexican immigrant who filed under the Section 245(i)
    > last year and is now considered legal by INS and wanted to know want to do about
    > his having worked and paid taxes under a false SS number. Makes me really wonder
    > why we even bother to do things the legal way. Draw your own conclusions.
    >
    > Q: How can my husband fix his tax records? He entered illegally from Mexico and we
    > married in February 2001 and filed for his immigration papers. Like many
    > undocumented immigrants, my husband has been working under a false social
    > security number and paying taxes using that number. In Jan. 2002 he received
    > his legitimate SS number. Should we file taxes for 2001? If he does file,
    > should he use his new number?
    >
    > R: <snip> Tax expert Eileen Glassman of the New Windsor, NY accounting firm of
    > Goldstein, Karlewicz and Goldstein, LLP, says you should include a letter with
    > the form explaining that he previously used a different number. By providing
    > the old number, the IRS can link his new records to the old one. Your husband
    > should also notify the SSA of the new number. By doing that, the administration
    > will credit his SS retirement account for the time he worked using the false
    > number. Using a false SS number rarely results in immigration or criminal
    > penalties.
    >
    > Lately the US government has used SS card violations to go after alleged
    > terrorists, but the average undocumented taxpayer need not be afraid. Unless the
    > government has a special reason to go after your husband, his revealing that he
    > used a false card shouldn’t cause him problems.
    >
    > Undocumented immigrants can report income without using a false number, Instead of
    > a Social Security card number, they can use an Individual Tax Identification Number
    > to report income, pay taxes and sometimes even receive a tax refund.
    >
    > An ITIN is a 9-digit number used for tax purposes. it is only for people not
    > eligible for a SS number. To apply for IRS ITIN call (800) TAXFORM. If you report
    > income using an ITIN number than letter get a valid social security card, you can
    > ask the administration to put together your two retirement accounts using SSA Form
    > 7008, Request for Correction of Earnings Records.
    >
    > --
    > Posted via http://britishexpats.com
 
Old Apr 5th 2002, 2:05 pm
  #4  
Rag Bag
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Posts: n/a
Default Re: SS And Working Illegal Immigrants

Are you saying that provided that I am married to a USC, and have an ITIN Number I
can work? using the ITIN number?
 
Old Apr 5th 2002, 11:35 pm
  #5  
Michael Voight
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Default Re: SS And Working Illegal Immigrants

"Michael D. Young" wrote:
    >
    > Rag Bag wrote:
    >
    > > Are you saying that provided that I am married to a USC, and have an ITIN Number
    > > I can work? using the ITIN number?
    >
    > Hi All!
    >
    > You no have work authorized Social Security number, you no work legally. ITIN is
    > just for people that aren't eligible to be issued an SSN, so they can be claimed as
    > an income tax dependent.

Or for other things like businesses. I used ITIN to file payroll taxes when I managed
a gas station.
 
Old Apr 6th 2002, 4:50 am
  #6  
Michael D. Youn
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Posts: n/a
Default Re: SS And Working Illegal Immigrants

Michael Voight wrote:

    > "Michael D. Young" wrote:
    > >
    > > Rag Bag wrote:
    > >
    > > > Are you saying that provided that I am married to a USC, and have an ITIN
    > > > Number I can work? using the ITIN number?
    > >
    > > Hi All!
    > >
    > > You no have work authorized Social Security number, you no work legally. ITIN is
    > > just for people that aren't eligible to be issued an SSN, so they can be claimed
    > > as an income tax dependent.
    >
    > Or for other things like businesses. I used ITIN to file payroll taxes when I
    > managed a gas station.

Hi All!

You sure you aren't thinking about a business TIN (Tax Identification Number)?

Take care,

Mike
 

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