Arizona migrants could be denied state-tax refunds

March 10, 2011

Phoenix – Undocumented immigrants in Arizona might be unable to receive their state tax refunds if they cannot prove that the Social Security Number that they have listed with their employers truly was issued to them.

Anthony Forschino, assistant director of External Services and Special Projects Assistant Director at the Arizona Department of Revenue, told Efe that this year it is being considered a "discrepancy" when the taxpayer identification number on the return does not coincide with the Social Security Number that appears on the W2 statement.

This affects people like undocumented immigrants who apply to obtain a tax ID number, or ITIN, from the IRS.

Forschino said that the state now has a system that detects this difference, and so the state government has held back the refunds from people in this situation.

The undocumented people who have already filed their taxes for this year have been receiving a letter in which the problem is explained and they are asked to contact the Department of Revenue.

"We're telling the affected people that to be able to receive their refund they will have to show proof that the Social Security Number that's on the W2 form is theirs," said Forschino.

He added that this type of discrepancy is considered to be the same as when a taxpayer writes his name illegibly on his tax return, and refunds will not be given to him until the problem can be resolved.

Foschino also said that although this is not something new, he acknowledged that this is the first time that Arizona is paying more attention to these cases.

The change does not affect in any way a taxpayer's refund from the federal government.

Forschino said he did not know what will happen to the refunds of people who cannot prove that their Social Security Number belongs to them.

"That's a good question," he said.

He went on to say that he did not know how many cases have been reported to date of taxpayers who have not received their refunds because of this discrepancy.

Forschino said that this situation has nothing to do with the growing number of state measures aimed at making life difficult for undocumented immigrants in Arizona.

"Undocumented people have the same federal and state taxes taken out as any other worker and, regrettably, when they file their tax returns sometimes all that belongs to them doesn't come back to them," said Magdalena Schwartz, who runs the non-profit Latino Community Services in the Phoenix suburb of Mesa.

Schwartz, a pastor and community activist, said she did not know what was happening but her agency - whose services include assisting people with their tax returns - said it had received several telephone calls from people asking why they still had not received their state refunds.

"It doesn't surprise me. What else can we expect from Arizona?" she asked.

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