itonewbie
Level 15
02-01-2020
12:26 AM
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Yes, undocumented worker. That's what I was saying all along. What you mentioned about treaty test allowing Mexican to work in the US is incorrect and irrelevant. If you didn't withhold these key facts, I could have given you a clear answer much earlier.
Provided your client was living in the US, albeit illegally, during all of 2019, he/she is a resident alien by substantial presence test and will be subject to tax on a worldwide basis like any US citizen. A F.1040 is what you need to file for your client.
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