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Invalid SS# Pacun??


Terry D EA

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In 2020 client told me he was single. I don't think this was on purpose as he was using an interpreter who evidently misunderstood and revealed to me they thought that if the other person (spouse) did not have income, then they did not have to prepare any taxes. With that said, I asked if the spouse had a SS#, answer no. I asked to see the W-2 for the spouse and they openly admitted the SS# was invalid. I asked for an ITIN, they stated they had it at home and would like to reschedule. I stated several times they should seek the advice of someone who they could openly communicate with and not use an interpreter. They want to make sure everything is correct and still want me to amend 2020 and file 2021. If I proceed, I am assuming the 2021 return has to be mailed due to the invalid SS#. Any other suggestions?

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Haven't had this in years, but back when I was at Block, they taught us to use the fake SS on the W-2 as it is/on any document as is, but to use the ITIN (or newly issued SSN) on the return. We always e-filed such returns. We mailed them only if the return included a W-7 or application for an ITIN and had to be mailed to a specific center (Austin, TX, was it?).

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It is not clear to me if the spouse has an ITIN already. 

If she has an ITIN, you can efile 2021. All you do is to enter the fake ss# on the W2 form that is correctly tagged as "spouse".  The only problem is that some of the W2s now hide the social security number with XXX-XX- but they might have previous W2 showing the fake number and you can enter it or they will tell you what number they were using. Then I would amend 2020 by efiling if husband efiled last year. 

If she doesn't have an ITIN, I would amend 2020 and request an ITIN as spouse of a resident (for tax purposes) and enter the name and SS# of the primary tax payer on form W7.  You will need the wife's passport, her current address, the address where she lived abroad and the date of entry to the US. The rest will be from her passport. Sometimes, you will need the city, state and country where they were born. Send 1040X, passport, W7 to Texas. When the ITIN comes, you can efile 2021.

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Thanks Pacun, this client is from Mexico and I did ask for the consular ID as well. I knew I could prepare the return with the fake ID and did instruct to amend 2020. Amending 2020 is their choice and I told them they were legally required to file an accurate tax return. Like you, I'm not sure if the spouse has an ITIN. They might be scrambling to get one. I guess we'll see. Can you still send the ITIN app with the filing of the return?

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36 minutes ago, Lion EA said:

Haven't had this in years, but back when I was at Block, they taught us to use the fake SS on the W-2 as it is/on any document as is, but to use the ITIN (or newly issued SSN) on the return..

Yes that's exactly what I have done with one client the last several years.

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