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Should undocumented immigrants file a tax return?

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  • Find out which undocumented immigrants must file a tax return.
  • On average, undocumented immigrants pay 8% of their income in taxes. 
  • Most of the undocumented file their taxes with an ITIN.

Do undocumented immigrants have to file a tax return? This is one of the most frequent questions for the United States Internal Revenue Service and, according to statistics from the Bureau of Labor Statistics, the total labor force of the country is made up of more than 28 million immigrants.

This represents about 17% of the total workers in the United States, which, together, pay more than $11.6 billion in taxes. But when do undocumented immigrants need to file a tax return? Here we tell you!

Who does the IRS consider an undocumented immigrant?

Do the undocumented have to file taxes?
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The IRS defines undocumented immigrants as those people who arrived in the United States without obtaining the necessary documentation to receive a visa, be it study, work or humanitarian.

Among the undocumented who must file taxes are people who are working in the United States or who have remained in the country after the time granted on their visa or work permit has expired.

Do undocumented immigrants need to file taxes?

undocumented immigrant
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Not all undocumented workers must file taxes in the United States. However, most undocumented immigrants come to the country looking for a job, which means that even if you work independently or are hired directly, the IRS will request payment of the corresponding taxes.

Undocumented immigrants who are exempt from paying taxes are those who live in the country but whose income comes from an external source. For example, if an undocumented immigrant works for a Japanese company they do not need to report that income on their annual return.

What undocumented immigrants need to file a tax return

Do the undocumented have to file taxes?
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All citizens who receive income from a US employer are required to file taxes. For this, they need to have a social security number, something that is not possible for the majority of the undocumented workforce. For this, programs such as DACA or Temporary Protection Status have been created, which provide a temporary number for the undocumented.

Another option for undocumented workers who must pay taxes is the ITIN or Individual Taxpayer Identification Number, which can be used as an alternative to a Social Security number, but does not represent formal authorization to work in the United States.

How can you get an ITIN?

ITIN number
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Undocumented immigrants should file taxes but what is the first step to take? Before filling out a 1040 tax return form, it will be necessary to fill out the W-7 form, which requires basic information such as name, date of birth, official identification and a copy of your tax return.

The process to obtain an ITIN takes an average of 11 weeks and does not represent an opportunity to access tax credits such as the EITC (Earned Income Tax Credit). If you want to know your options, do not hesitate to visit the official IRS website.

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