income without SSN/ITIN

D

demosfen

New Member
Here is the situation. A person who lives in the US legally, is employed in what IRS calls Husband And Wife Business. She can't file her income tax because she never applied for ITIN or SSN. What happens, if anything? I am trying to find out how legal it is, IRS website is silent about it. If anybody has experience with income without SSN/ITIN please let me know

(I know I'll get replies that SS is a great retirement program and it's stupid and unpatriotic not to sign up for it, but this isn't the question)
 
First off living in US legally and having legal work status are 2 separate things. In order to work in this H&W business, you both need to either have EAD or Green card.

That said, if she has either of these things, she needs to get SSN. At the least, you need her to get SSN so that you can claim her as a dependent on your joint tax return.

If she is ineligible for SSN (which would should get you to seriously consider that she is working illegally) then she needs an ITIN, which she will apply for in conjunction with submitting her tax return.
 
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