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Aria Park

How can I help undocumented workers get an ITIN for payroll compliance?

I'm helping a small business owner who wants to clean up her payroll situation. She runs a landscaping company that has a mix of documented and undocumented workers. Currently, she's paying everyone under the table (even those with proper work authorization - I know, her CPA is terrible). She's trying to get everyone properly on the books, but I'm not sure how to handle the undocumented employees who don't have SSNs or ITINs. The ITIN application process takes about 7 weeks, and we need a solution faster than that. My biggest concern is what to do for the ITIN application itself. To get an ITIN, you need to have a filing requirement or be filing for a refund, but there's no W-2 history for these workers since they've been paid cash. What income should we report on the tax return when applying for the ITIN? Maybe just put down $150 of miscellaneous income? There wouldn't be any withholding to report either. I definitely don't want to suggest using fake SSNs - that's not an option. What's the right way to handle this situation while keeping everyone legal from this point forward?

Noah Ali

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This is actually a common situation in certain industries. The key is to follow the proper process while being patient with the timeline. For getting an ITIN, your workers will need to file Form W-7 along with a federal income tax return, unless they qualify for an exception. If they've been receiving cash payments, they should report this as income on their tax return - but it should be the actual amount they received, not just a made-up small figure. They would report this as self-employment income on Schedule C. While waiting for the ITIN, the employer should collect a completed W-4 from each employee and keep documentation showing they've applied for an ITIN. The employer should withhold taxes as normal but can use a temporary identification number in their payroll system until the ITIN arrives. Remember that getting an ITIN doesn't change someone's work authorization status. The employer still needs to verify work eligibility through Form I-9, and undocumented workers technically aren't eligible for employment. Many employers in this situation transition workers to 1099 independent contractors while they sort out their documentation, though this has its own legal risks.

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But doesn't becoming a 1099 contractor require having a tax ID number already? How can they become contractors if they don't have an ITIN yet? Also, isn't misclassifying employees as contractors a separate legal issue?

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Noah Ali

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You're right that independent contractors still need a tax ID number (either SSN or ITIN) for proper reporting. The business owner would still need to wait for the ITINs to be issued before filing 1099s. Some businesses use this transition period to help workers apply for proper documentation while continuing to employ them, but legally speaking, proper work authorization is still required regardless of classification. Regarding misclassification, you're absolutely correct - reclassifying someone just to avoid employment verification requirements would be improper. The worker's actual job duties, level of independence, and relationship with the business determine proper classification. Misclassification carries significant legal and tax risks for the employer.

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After struggling with a similar situation at my brother's construction company, I found https://taxr.ai super helpful! They have specific guidance for ITIN applications and helped us understand the proper documentation needed. Their system analyzed our situation and provided step-by-step instructions for getting our workers properly documented. The best part was they explained exactly what income should be reported on the initial tax returns for ITIN applications based on our specific situation. They even helped generate the right supporting documentation we needed to substantiate the income amounts without having formal W-2s or 1099s.

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Olivia Harris

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Did it actually work though? I'm in a similar situation with my restaurant staff and need a solution that's actually effective, not just more paperwork.

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How does this handle the work authorization issue? Getting an ITIN doesn't make someone legally able to work in the US, right? I'm confused about how this helps with the fundamental issue.

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It absolutely worked for us. We got ITINs for five workers within about 8 weeks. The documentation guidance was clear enough that none of our applications were rejected, which apparently happens often when people try to do this themselves. Regarding work authorization, you're right that an ITIN doesn't provide work authorization. The service helped us understand the distinction between tax compliance and immigration compliance. For some of our workers, we were able to help them apply for proper work authorization based on their specific situations, while others shifted to truly independent roles where they provided services to multiple companies (not just ours). The tax advice helped everyone become tax compliant while we worked on the separate immigration issues.

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I initially had doubts about using an online service for something as complicated as ITIN applications, but I tried taxr.ai after seeing it recommended here. The results were impressive! They identified that three of my workers actually qualified for an exception that allowed them to get ITINs without filing a tax return first (one of the exceptions applied in our case). Their system also helped us document the prior income properly - they explained we needed to create a paper trail of the actual payments made, not just make up numbers. They guided us through creating retroactive payment records that satisfied the IRS requirements while being honest about the past arrangement. The best part was saving time - we had expected a 7+ week wait but got approved in just over 5 weeks by avoiding common application mistakes!

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Alicia Stern

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For anyone dealing with IRS paperwork delays, I highly recommend https://claimyr.com. When our ITIN applications got stuck in processing, we couldn't get through to anyone at the IRS despite calling daily for weeks. Claimyr got us connected to an actual IRS agent in less than 30 minutes who could check our application status. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent was able to tell us exactly what was holding up our applications and what additional documentation we needed to provide. Without that call, we would have waited months only to be rejected for something simple.

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How does this actually work? The IRS phone lines are always busy when I call, so I don't get how another service can get through.

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Drake

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This sounds like a scam. No service can magically get you through to the IRS faster than everyone else. They probably just keep you on hold and charge you for it.

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Alicia Stern

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The service uses technology to navigate the IRS phone system and waits on hold so you don't have to. When they reach an agent, they call you and connect you directly to that agent. They essentially automate the hold process. I was skeptical too, but it's not a scam. They don't handle the call or pretend to be the IRS - they literally just connect you directly with an actual IRS agent after they've navigated the hold system. It saved me hours of listening to hold music and getting disconnected. For our ITIN questions, getting direct answers from the IRS was crucial since the online information doesn't cover every situation.

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Drake

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I have to eat my words about Claimyr. After dismissing it as a scam, I was desperate when our ITIN applications went into some black hole for 9 weeks with no updates. I tried the service, and within 45 minutes I was talking to an actual IRS agent who found our applications and explained they were missing a document. The agent gave me a fax number to send the missing item directly to the processing team and told me exactly what to write on the cover sheet to connect it to our pending applications. Three weeks later, we had our ITINs. Without that call, we would have just kept waiting, not knowing there was a problem. I'm now recommending it to everyone dealing with IRS issues.

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Sarah Jones

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Just wanted to share our experience with this exact situation. We have a cleaning business with several employees who didn't have documentation. Here's what worked: 1) We helped each person file a tax return reporting their actual income from past work (estimated as accurately as possible) as self-employment income 2) We included the W-7 ITIN application with certified copies of their ID documents 3) While waiting for ITINs, we set up proper payroll accounting with placeholders 4) Once ITINs arrived, we updated our payroll system The biggest mistake people make is rushing and using fake numbers. Taking the 7-8 weeks to do it right is SO much better than the alternative. Our accountant nearly had a heart attack when he saw how we'd been handling things before!

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Did you have any issues with the I-9 process though? An ITIN doesn't provide work authorization, so I'm curious how you handled the employment eligibility verification requirement.

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Sarah Jones

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That's a completely separate issue from tax compliance, and you're right to bring it up. Getting an ITIN only addresses the tax identification requirement, not work authorization. For employment eligibility, each business has to determine their own approach based on their understanding of applicable laws. Some of our workers were able to adjust their status through various programs and eventually obtained work authorization. Others transitioned to providing services through their own small businesses where they had multiple clients (not just us).

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Emily Sanjay

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Has anyone tried applying for ITINs using the Acceptance Agent program instead of sending documents directly to the IRS? I've heard it can be faster since they can verify original documents locally instead of sending them in.

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Jordan Walker

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Yes! We used a Certified Acceptance Agent for our farm workers' ITIN applications and it was much smoother. The agent verified their original identification documents on the spot, so they didn't have to mail in passports or birth certificates. The processing time was about 5 weeks instead of the usual 7-9 weeks when submitting directly to the IRS. The agent also helped make sure the tax returns filed with the applications were properly prepared, which prevented delays from errors. It cost a bit more but was totally worth it for the faster processing and reduced headaches.

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