Immigrants and Filing Tax Returns

It’s tax season! With the exception of certain low-income individuals, all persons who earn income in the United States are required to file their tax returns before the federal deadline of Tuesday, April 18, 2017. This includes all documented and undocumented immigrants living in the United States.

How do I file my tax returns if I am undocumented or have no social security number?

If you are undocumented or do not have a social security number, you should still file your tax returns using an Individual Taxpayer Identification Number (“ITIN”). An ITIN is a tax processing number issued by the Internal Revenue Service (“IRS”) for individuals who cannot get a Social Security Number(“SSN”), and are required to file income tax returns. ITINs are only used for tax reporting. They have no other purpose.

You may obtain an ITIN by filing an application with the IRS. Once the IRS issues you an ITIN, you may use it in place of an SSN on your federal and state income tax returns.

Applying for an ITIN will not affect your immigration status. An ITIN does not give you permission to work in the U.S, but the IRS will not turn you in for applying for an ITIN if you are unlawfully in the U.S. The government wants you to pay taxes and will not punish you for trying to get an ITIN.

It is important to note that you should never use the social security number of another person to file your taxes. Doing so is a criminal offense and can result in a finding of fraud and/or a false claim to U.S. citizenship by an immigration officer.

If you have additional questions on filing your tax returns, please contact our immigration attorneys at the Law Offices of Azita M. Mojarad, P.C.  We are here to help.