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

[onestop73]

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.

[sjrcpa]

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

[-H-]

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. 

[PATAX]

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]

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

[sjrcpa · Accepted solution]

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.

[PATAX]

I have never encountered this in my area nor do I know of any local tax preparers who have encountered this... By the way, I come from a family of immigrants and I have prepared many immigrants tax returns and they all had legitimate Social Security numbers... Just my opinion

[sjrcpa]

You lead a sheltered life. 😀

I guess you don't see anyone with illegal nannies or housekeepers either.

[PATAX]

I guess it depends on what part of the country you live in... The people in my area take care of their own children themselves and clean their own homes themselves.....

[onestop73]

Thank you, makes sense, to report all income received.

[sjrcpa]

You're welcome.

[sjrcpa]

What part of PA are you in? I'm descended from some PA folks.