Will you be Audited by IRS for using ITIN?

By Alex Oware on 06/24/2015 10:00 PM

Question: I am an Illegal alien resident working for wages and has received W-2 with a false SSN. I have an ITIN and file my tax returns (several past years) using my ITIN on the return and also appends my W-2 with the false SSN on the return.

I have consistently received refunds and has never been questioned by the IRS for a mismatch between W-2 SSN and the ITIN on my return. I know a lot of Illegal Aliens who files tax returns in this manner. Am I at risk at  being audited or  penalized by IRS?

Answer: IRS has changed the Efile system a few years back to allow this to go through electronically (usually a mismatch between the W2 and primary SSN will cause a rejection.

Not so if the W2 is a SSN and the primary ID is an ITIN.). See this information page.

You shouldn’t worry about being audited or penalized, as long as you’re filing your tax returns truthfully and accurately.

As an illegal immigrant, you are entitled to have a tax return prepared by a professional within the scope of the IRS and state laws regarding tax preparation.

You are also  entitled to a professional and competent legal representation by an attorney no matter what your perceived immigration status or pending criminal charges are.

References/Related Topics

E-filing with SNN/ITIN mismatch.
Illegal immigrants who use ITIN number for employment
Applying for Naturalization if You Owe Back Taxes

Undocumented entrepreneurs: No Social Security number, owning a business

***Disclaimer: I am a tax accountant and a CPA , but I am not your accountant or advocate (Unless you have signed up to my services). This communication is not intended as tax advice, and no tax accountant -client relationship results**