
Quoting
soconfused1111
I'm not worried about credits or refunds or anything (even if I dont get the actual refund I deserve I'm ok with that). I just want to do this the most legal way possible (which I realize is hard since my spouse is already working illegally.) I understand an ITIN is only to file taxes but say I was married to someone living in france who had never come here and I still had to file taxes , as married, because i'm living and working here. My spouse wouldnt have any W2s to file in order to get an ITIN, yet I would still need that ITIN to file my taxes. That is the part I'm just not understanding.
-Isnt it going to get me in a lot of trouble if I file our taxes with my spouses W2 that has a fake SSN? Or does the IRS overlook this?
-My acct recommended that we file our taxes together using a 1099 for my spouse claiming some selfemployed income (cause then we wouldnt have to use a SSN) and hopefully get an ITIN in that process.
Is there a lesser of two evils with the above options?
I really appreciate the advice