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Level 3
January 31, 2020
Solved

ITIN tax return

  • January 31, 2020
  • 20 replies
  • 101 views

I have proseries basic downloaded on my desktop- i want to file tax return for someone who has an ITIN number what tax form do i use.

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Best answer by itonewbie

we have undocumented immigrant working in the USA who do not have social security and for tax purposes only the IRS gives them ITIN to file their income tax.  The process does not legitimize their status.  I am asking which 1040 form do i use to file their taxes . i have proseries basic. Can someone answer my question.


Yes, undocumented worker.  That's what I was saying all along.  What you mentioned about treaty test allowing Mexican to work in the US is incorrect and irrelevant.  If you didn't withhold these key facts, I could have given you a clear answer much earlier.

Provided your client was living in the US, albeit illegally, during all of 2019, he/she is a resident alien by substantial presence test and will be subject to tax on a worldwide basis like any US citizen.  A F.1040 is what you need to file for your client.

20 replies

Just-Lisa-Now-
Intuit Community Champion
January 31, 2020

Are they a US resident?  If so, then the same one youd use for any other US resident with a SSN.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
GetcorpAuthor
Level 3
January 31, 2020

The are not US Citizen but live and work in the USA with ITIN number

itonewbie
Level 15
February 1, 2020

If your statement is correct, your client could be in breach of immigration regulations but that does not negate his/her filing requirements.  You would prepare the return based on whether he/she was a resident alien by Substantial Presence Test, taking into account various elections and exceptions available under §7701 as well as treaty articles, where applicable.

A non-citizen who is not a green card holder with only an ITIN is not authorized to work in the US (unless he/she was in the US only on business trips and the activities were within the limits of a B1/B2 visa).  So, there may be more to worry about than tax and, if true, he/she should be advised to consult an immigration attorney.

 

---------------------------------------------------------------------------------Still an AllStar