Can an illegal immigrant file a tax return?

In debating the topic of illegals, someone makes the statement that
"Illegals often file tax returns to prove long-term residency", to make
the alleged point that they often pay taxes and contribute to the
system.

Does this make any sense or have any basis in plausibility? I thought
to file on either the state or federal level, you need to have a valid
SSN? And to get a SSN, don't you have to have legal status?

 

Yes, you can file a return without an SSN, and the IRS has a page that
describes just what this other number is:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

What is an ITIN?
An Individual Taxpayer Identification Number (ITIN) is a tax processing
number issued by the Internal Revenue Service. It is a nine-digit
number that always begins with the number 9 and has a 7 or 8 in the
fourth digit, example 9XX-7X-XXXX.
IRS issues ITINs to individuals who are required to have a U.S.
taxpayer identification number but who do not have, and are not
eligible to obtain a Social Security Number (SSN) from the Social
Security Administration (SSA).
ITINs are issued regardless of immigration status because both resident
and nonresident aliens may have U.S. tax return and payment
responsibilities under the Internal Revenue Code.


The IRS mainly concerns itself with tax administration.

 

Can an illegal immigrant check the box to donate $3 to US Presidential
campaign?

 

Sure. Why not?

Katie in San Diego.

The foregoing is intended for educational purposes only and does not
constitute legal or professional advice. Nothing contained herein is
intended to be used, or can be used, by any person to avoid penalties
that may be imposed under federal or any state law.

 

Yes. One can get a taxpayers identification number (ITN) fairly
easily,
(because no one in the governement objects to people paying taxes).
Originally thery were meant for workers temporarily here.
But these days "temporary" can mean until expired.
ITNs do not build retirement and disability like SSN.
But many financial services accept them for bank accounts and
mortgages, etc.

 

If they pay taxes.
Many vote too. The voter registration requirements in the last
few places I've lived in mainly are proof of address, nothing more.

 

Then the next question that comes to mind. If an ITIN doesn't build retirement
or disability like an SSN then if an illegal is issued a 1099 instead of a W-2
(no SS/FICA or MC withheld) then is the illegal liable for Self Employment taxes?

 

Yes, many illegal aliens file tax returns but please don't believe the
enabler's official line that they "pay" taxes. Most typically have zero
taxable income and get much more in a tax refund than most American
taxpayers because they have learned how to game the system.

Despite the ITIN program, most illegal aliens WILL NOT file for an ITIN
because they aleady know that this makes them ineligible for a huge tax
refund.

Most illegal aliens will use stolen SSNs, that is, valid SSNs that
actually belong to a real taxpayer or person. They will typically file
electronically and do so as soon as possible in order to file before
the real taxpayer files their tax return.

The reason is that the illegal alien will then be "eligible" for
receiving a (fraudulent) tax refund that mainly consists of the earned
income tax credit (EITC) and sometimes the additional child tax credit
(CTC).

The incentive to do this is huge since the refund amount is typically
over $4,000. Since they are often married, and the wife will also file
a separate tax return using a fake SSN, then they end up getting over
$8,000 for simply submitting a bunch of papers.

Also, these illegal aliens typically have more than the two children
needed to max out the EITC so they typically will sell the unused
children's SSNs to friends, other family members or anyone else so that
they also can file fraudulent returns and get huge EITC tax refunds.

Do they get caught? Many do, but the vast majority don't. There are
just too many of them filing fraudulent tax returns for the IRS, for
many reasons, to catch them all. Also, if they do get caught, they just
get another SSN and use that to file.

As for the issue of the self-employment tax, it doesn't matter if they
are eligible for SS benefits. Most of them are getting government
benefits now via the fraudulent EITC refunds. Also, any self-employment
tax shown as due on their tax return is more often than not fully paid
by the EITC and the CTC, refundable credits that are just government
handouts that come from real American taxpayers paying their income
taxes, so any statements that illegal aliens pay taxes is largely a
myth.


Rudy
www.LizcanoTaxServicesLLC.com

 

On 3 May 2006 19:05:58 -0700, "LTSLLC"


.....

Nice summation. In addition you have the State welfare angle that has
been increasing quite rapidly. What we seem to be in the midst of is
the greatest socialist wealth transfer in the history of the world. I
note the California State Senate Democrats just came out for unlimited
and unrestricted illegal immigration and one of the 'voice of the NY
Times' columnists came out for the ( no secret there ) position that
the tax payers of the U.S. cannot "give" enough to bring up the living
status of the worlds under performing.

 

is there a service that hires out illegals for temp work? just
asking...

 

According to the last info from Soc. Sec. Adm. on bounced card
numbers, it seems that most do. From what I've seen you could also go
down to McDonalds Or Burger King and as one of the folks in the back,
actually out here the counter person would probably be ok also, if you
could hire one of their relatives.

 

Just to take this point to the next step, My question is in this scenario the IRS would receive a return using a stolen SSN together with a name that does not match the master SS database. Why should someone be able to steal a SSN and use it with any name they just make up? This should be easy to check before they accept a filing or issue any refund. Does the name and SSN match the master SS database? Also, I find it offensive for the IRS to prevent a return being filed using the correct name and SSN combination because a return was already filed using an incorrect name with that same SSN, the latter being an obvious fake. I understand the IRS will not give any information such as the name or address used by the fraudster, even after you are verified to be the owner of the SSN, and deemed to be a victim of identity theft. This includes sharing the info with law enforcement.