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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 14457
Experience:  15years with H & R Block. Divisional leader, Instructor
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My parents are non residents aliens and undocumented. They

Customer Question

Hello,
My parents are non residents aliens and undocumented. They have been working for the last 5 years with a "Fake Social" Security number. In any case, they have marked their W4 as 5 dependents. Every year, they go to The Tax Preparer and file their taxes with their W2's. I noticed, their W2's contain their fake social but the tax person uses their ITIN Number on their 1040A return. It's usually mailed. They claim my 2 brothers and myself. We are all born in the States. Is this legal? I asked my parents why wouldn't they use their ITIN numbers instead of these bogus social and they say their work doesn't allow it. (Different issue I guess) My question is this, is this even legal for them to file a 1040A with their Wrong Social Security on their W2 and Use the form 1040 or do they need to use the form 1040NR? Again, can they use the W2's with a wrong social?
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Hello

Your parents should not be using a false SSN for their employment. The preparer should not be overlooking the SSN and the ITIN use.

It is legal for them to file a resident return because residency for taxes and immigration are two different issues.

They have been here long enough to be taxed as resident aliens.

Everything else is illegal (the false SSNs and working without authorization).

The W2s will not pass the test when they are received by the IRS.