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FM
Former Member

People who are in the United States illegally are here to stay indefinitely. Guyanese who have lived for five or more years, many of them apply for an Individual Tax Identification Number (ITIN), to file a Federal & State tax return(s) from wages and salary earned throughout the years. The tax that low income earner will pay is social security and Medicare taxes that are mandatory. This is a nine digits number issued by the IRS to non-resident aliens, and it's clearly stated the intent and purpose of the number.       


Here come the Guyanese smart: Almost everyone whom I came across opened a bank account with the (ITIN) number and never filed a tax return. Now, the IRS is freezing all such bank accounts and make it more difficult to issue ITIN numbers to legitimate applicants.         


If you stand a good chance of adjusting your immigration status, you will have to comply by filing all your taxes from the time you enter the United States. Filing your back taxes will cost you more from interest and penalty accumulated over the years. Guyanese, please take note: An immigration officer will not believe that you were sitting down for five or more years without turning a straw. The IRS will never believe that you didn't work when you have money in the bank. The USCIS & IRS do share information on these matters. Stop milking the government and pay your taxes. You can't want two sweetness form one joint. 


If you have these problems and need to discuss it private and confidentially, or even hope to remedy your ongoing problems, we can help.

Replies sorted oldest to newest

Originally Posted by Mitwah:

These people need a lawyer and not any so called Tax Experts. There is no client confidentialty between a tax payer and the tax preparer.

It depends on what the tax authorities are after.  A lawyer could soak up cash with no different outcome depending on the issue.  If the taxpayer gets a CPA of EA, they will get the same results.  It the taxpayer believes there is some grounding in the IRS's position, then let a tax expert negotiate a settlement with the IRS rather than going to a tax court.  The IRS could play hard or soft, depending on how you wish to play with them.

FM
Originally Posted by ABIDHA:

That must be a Canadian practice. In the U.S., it's a law for everyone providing consultation in tax and immigration matters to have a client/consultancy confidentiality.

This applies only in contexts that do not involve criminal offenses.  Only attorneys are legally exempt from being forced to provide information to third parties or to testify against a client. BTW, only attorneys are qualified to properly analyze legal issues and advise clients of their rights not tax preparers.

 

Mitwah
Originally Posted by Mitwah:
Originally Posted by ABIDHA:

That must be a Canadian practice. In the U.S., it's a law for everyone providing consultation in tax and immigration matters to have a client/consultancy confidentiality.

This applies only in contexts that do not involve criminal offenses.  Only attorneys are legally exempt from being forced to provide information to third parties or to testify against a client. BTW, only attorneys are qualified to properly analyze legal issues and advise clients of their rights not tax preparers.

 

You are wrong when it comes to tax matters.  Now, if there were other illegal activities, then not even a tax attorney could help you, you will need a criminal lawyer.  On the issue of tax matters, a Tax Attorney, CPA of EA hold equal status for representation in a TAX court.

 

As I said, if it's purely a "tax evasion" issue, then a CPA, EA or Tax Attorney could sort it out in a tax court or directly with the IRS.

FM
Originally Posted by Mitwah:

Carry on fellas, I don't want to deny anyone their livelyhood. However, although tax matters could be sorted out in a tax court or directly with IRS, is deportation likely?

Usually if it's only a tax matter, DHS is usually never involved nor do they have the mandate to get involved.  The IRS will resolve the matter with the TP.  The IRS is separate from the DHS and conduct tax matter separately.  If the person had a visa or residency violation, then the DHS could get involved but usually separately, not as part of an IRS audit.

 

If your tax matter is linked to another illegal activity, say drugs, money laundering or other felony, then criminal prosecution could follow and may result in deportation.  If your tax issue involved a residency violation, i.e. failing to maintain the physical presence of 183+ days per year, then you could lose your green card and thus your residency status.

FM
Originally Posted by baseman:
The IRS is separate from the DHS and conduct tax matter separately.

 

If the person had a visa or residency violation, then the DHS could get involved but usually separately, not as part of an IRS audit.

Separation and understanding of the offices is important.

 

The base matter.

 

Excellent explanation, Baseman.

FM
Originally Posted by Mitwah:
Originally Posted by baseman:

 

Originally Posted by Celtic:

Baseman sounds like a man who works with the law.

Since 9-11 lots of things have changed and most of these departments share info.

Two years ago, ICE was not "talking" with the "work authorization" dept. Maybe they are now sharing.

FM
The whole purpose of obtaining the ITIN is for nonresidents to pay taxes nothing more. If you have no inclination nor are required to pay taxes, only a bad financial advisor will advise you to get an ITIN to open a bank account. You are creating a dangerous audit trail. Believe me, everybody shares.
TI
Originally Posted by Mitwah:
Originally Posted by baseman:

 

Originally Posted by Celtic:

Baseman sounds like a man who works with the law.

Since 9-11 lots of things have changed and most of these departments share info.

No, the IRS does not share tax matters with the DHS, this is clear even under the Patriot Act.  For this reason ITIN are given to illegals for tax purposes and if they are not involved in illegal activities, DHS does not get any info.  There is a very fine but solid line drawn between the two in the structuring of the Patriot Act.

 

The IRS has maintained an independent status even in the wake of the patriot act.  However, if you do run amok of DHS, they could corroborate info with the IRS.  This is the current law.

FM
Originally Posted by TI:
The whole purpose of obtaining the ITIN is for nonresidents to pay taxes nothing more. If you have no inclination nor are required to pay taxes, only a bad financial advisor will advise you to get an ITIN to open a bank account. You are creating a dangerous audit trail. Believe me, everybody shares.

However, without the ITIN they are unable to get certain jobs, such as live in Domestic, etc.  The employer needs a number to pay the IRS.  BTW, this is one of the resistance to implementing e-verify as Romney wants, it will prevent ITIN holders from getting anything remotely legal.  Romney's aim is to disenfranchise illegals altogether and force the into "self-deportation".  The Congress and president knows exactly why e-verify make no sense unless you embrace "self-deportation".

FM
Nehru,
 
 
Whilse I am inclined to accept your endorsement, I however still have a few doubts.
 
Why is this fellow posting under a pseudo name if he has nothing to hide.
 
There are a selected few of us who have the decency to post under our name and provide real emails, physical addresses and telephone #s.
 
When these basic steps are established then my level of acceptance will rise.
 
 
 
 
Originally Posted by Nehru:

Abidha has successfully gaind Green Card and Citizenship for many, many of our Guyanese brothers and sisters at1/5 of the COST our Leaches charge our brothers aND sISTERS. kEEP UP THE GOOD WORK. God will BLESS you.

Vish M
Originally Posted by baseman:
Originally Posted by TI:
The whole purpose of obtaining the ITIN is for nonresidents to pay taxes nothing more. If you have no inclination nor are required to pay taxes, only a bad financial advisor will advise you to get an ITIN to open a bank account. You are creating a dangerous audit trail. Believe me, everybody shares.

However, without the ITIN they are unable to get certain jobs, such as live in Domestic, etc.  The employer needs a number to pay the IRS.  BTW, this is one of the resistance to implementing e-verify as Romney wants, it will prevent ITIN holders from getting anything remotely legal.  Romney's aim is to disenfranchise illegals altogether and force the into "self-deportation".  The Congress and president knows exactly why e-verify make no sense unless you embrace "self-deportation".

 I find that term, self deportation odious. It is a strategy that is cruel and oppressive. It employs attributive tactics that borders on malevolence that one is starved out and forced to flee. Often, these people fled starvation and torture  in their homeland. Romney and the republicans are no friend to the immigrant.

 

Lost to them is what brought them here and is enshrined on Liberty Island in the text "Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

 

They refuse to facilitate a legal means where these people can be made right or leave because they have been shown to be not deserving due to  poor character. I still wonder why most Guyanese Indians claim they are Republicans when among them are the most illegals from our country.

FM

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