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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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Can an employer work someone with a ITIN number issued ...

Customer Question

Can an employer work someone with a ITIN number issued from the IRS even though they do not have a social security number and issue them a 1099 at year end. The Form states it is to be used for income tax purposes by the individual.
Submitted: 9 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 9 years ago.
Yes they can work someone with an ITIN number. The 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. Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.

As long as the employer is complying with the I-9 reporting requirements and the individuals are not illegal aliens.

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Customer: replied 9 years ago.
Reply to PaulMJD's Post: What other documents would you recommend in addition to the ITIN number and driver license for the I-9 verification?

Thank you for your assistance!
Expert:  Law Educator, Esq. replied 9 years ago.
The only documents acceptable are those listed on the I-9 form under A, B, C. You must comply with the I-9 requirements when requesting documents and must take reasonable efforts to ensure the documents are genuine.

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