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Undocumented worker receviing large lawsuit

January 16, 2017 • Teresa Crivello • Log In to Post Comments

An undocumented worker will be receiving a large lawsuit settlement from past employers.  Much of the settlement will be for back wages.

The worker does not have an ITIN number and is in the process of applying  for one.  However, Form W-7 asks for all tax returns to be attached to the form unless an exception applies but it appears that exceptions that are listed do not apply to this individual.

She has not filed a tax return since 2010. At that time she used someone else's social security number.

My questions are:

1. If there is no tax return to be attached to Form W-7, will the form still be processed by the IRS?

2.  The other party to the settlement will not settle until she has an ITIN number.  They need to prepare W-2s for the past wages but will not prepare the required forms until she obtains a ITIN number.  What are their other options?

Thank you,

Teresa Crivello



I believe they need an ITIN to process the returns. I would talk to the attorney handling the case for answers to these questions.


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