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Level 4
April 23, 2021
Solved

Should an ITIN client report his W2 that does not match his name?

  • April 23, 2021
  • 2 replies
  • 25 views

Hello out there,

Interesting scenario which I have not encountered and not sure how to go about it. I called IRS and that found myself being disconnected several times and or get the message they are busy. So I turn to you all for suggestions. ITIN client comes in, has been working for Company X, with, not a surprise, a social that is not his. Of course normally we still file taxes which the name on the W2 matches the ITIN taxpayer and the system understands which asks we provide the social that is noted on the W2.

The difference here is that the client name on the W2 does not match the ITIN filer. He mentioned he has worked this social under THAT name for years. He wants to file taxes, but gets different input from different preparers which scared him to not reporting it as its illegal to file a W2 that his name does not appear on it. He is the person working the income and filed only two years but now is not sure if he should or not continue filing. Again, tried calling IRS for guidance and have not been able to get through. Any suggestions; how you would handle this case?

Input greatly appreciated like always.

 

 

This topic has been closed for replies.
Best answer by sjrcpa

As George said, this is the real world. It's not legal (and it's not our problem). Employee and Employee have both done wrong.

Our job as tax preparers is to have clients correctly report their income and pay the correct tax.

2 replies

sjrcpa
Level 15
April 23, 2021

He is to report all of his income-whether he is working illegally or legally, and whether his paperwork is in order or not.

The more I know the more I don’t know.
PATAX
Level 12
April 23, 2021

Sjr...Wow... How in the world can the name on the W-2 not match the client's name? .... Is that legal?....And the social security number is not his?..... What in the world is this?... Just my opinion and just wondering...

George4Tacks
Level 15
April 23, 2021

@PATAX This is the real world. Employer's don't get I-9 form completed and documented, so nothing is verified. 

Answers are easy. Questions are hard!
Level 2
April 23, 2021

Yes he can still file even if it has a different name. 
Many file this way. 
Just file the return with his Itin number and add the ssn on the w-2 in the program if efiling. 
if you mail it, you have to creat a substitute w-2. 

Also make sure he has renewed his Itin number. If it is expired and you send it, it will be a long process to adjust.