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Level 10
September 11, 2025
Question

Income from undocumented worker

  • September 11, 2025
  • 2 replies
  • 10 views

Sch C owner hired a friend who is undocumented. Extra income resulted.  He didn't 1099 nor enroll him in wage payroll. The 2024 numbers include the income from the additional services from the worker. But the Sch C owner doesn't want to deduct the contract labor paid to the worker out of fear. So, his "favor" to his friend will cost him $4,000 in additional tax.

2 replies

Level 15
September 11, 2025

Your client has a valid deduction that he is not using, so I'm not sure if I would be comfortable with signing that return because the perjury statement says that to the best of your knowledge the return is "true, correct, and complete".  I could be wrong, but intentionally omitting a valid deduction doesn't seem to be a "complete" tax return.

In prior years, I would have definitely told the client they are an idiot and to take the deduction.  With all of the stuff that has been happening this year in regards to undocumented aliens ... I'm not sure how I would respond to the client.

 

BobKamman
Level 15
September 11, 2025

When all else fails, read the Internal Revenue Code.

"Section 162(c)(2)Other illegal payments

No deduction shall be allowed under subsection (a) for any payment (other than a payment described in paragraph (1)) made, directly or indirectly, to any person, if the payment constitutes an illegal bribe, illegal kickback, or other illegal payment under any law of the United States, or under any law of a State (but only if such State law is generally enforced), which subjects the payor to a criminal penalty or the loss of license or privilege to engage in a trade or business."

Level 15
September 11, 2025

@BobKamman wrote:

which subjects the payor to a criminal penalty

 

Unless there is a pattern of hiring undocumented workers, there is no criminal penalty, which means it is still deductible.