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Should the undocumented works that are helping me fix up one…

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Should the undocumented works...

Should the undocumented works that are helping me fix up one of my rental properties file income taxes for 2017.

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During 2017 I hired serval men to assist me with painting and repairs on one of my rental properties. I later found out they are undocumented. I did get them to sign w9 forms (not sure they gave me correct SS #) ... I have encouraged they to go ahead and file a tax return. They fear doing this because they are undocumented. We need advice of how to help them

Submitted: 5 months ago.Category: Tax
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11/17/2017
Tax Professional: Tax.appeal.168, Tax Accountant replied 5 months ago
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 4,558
Experience: 3+ decades of varied tax industry exp. Tax Biz owner
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Tax Professional: Tax.appeal.168, Tax Accountant replied 5 months ago

In brief, as it is the law, if the undocumented worked is earning income (more than $400), they should be reporting the income by filing a tax return. SEE BELOW:

----------------------------

But why would millions of undocumented immigrants file their tax returns if they could easily fly under the radar?

"First of all, it's the law," said Jose Magaña-Salgado, a policy attorney at the Immigrant Legal Resource Center.

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In order to file for a federal tax return, undocumented immigrants need to apply for an Individual Taxpayer Identification Number (ITIN) from the Internal Revenue Service.

The IRS issues these numbers to individuals who must file taxes, but don't possess or aren't eligible for a Social Security number. ITINs are issued to people regardless of their immigration status. An ITIN doesn't give a person legal work authorization and doesn't provide eligibility for Social Security benefits, according to the IRS website.

REFERENCE SOURCE:

http://money.cnn.com/2017/04/19/news/economy/undocumented-immigrant-taxes/index.html

If the undocumented worker has provided a social security number that does not belong to them, this is illegal for them to do this. As stated in the article that I provided a link to, an undocumented worker can likely get away with not filing a tax return, but it is against the law to do this. While it is not your job to police the the undocumented worker, it is a good idea to mention to them that they should be filing a return.

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Tax Professional: Tax.appeal.168, Tax Accountant replied 5 months ago

You might find the articles at the following links relating to undocumented workers using stolen social security numbers interesting to read as well.

https://www.washingtontimes.com/news/2017/jun/22/14-million-illegals-working-stolen-social-security/

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Using a false social security number:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/08/26/using-a-false-social-security-number-is-a-crime-but-is-it-a-crime-of-moral-turpitude/?utm_term=.52b95b81f801

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