I am very confused- My fiancé of 2 years does not have a social security number nor is he eligiable to receive one. Last year, I began keeping track of all the money he receives from his job.
I had him request a w-2 from his employer so we could try to get him a w-7 number enabling him to pay the taxes he should pay (just like I have to)

He just handed me a 1099-MISC form that has his name/ address/ amount received as well as a social security number that he never gave his employer...

I have the forms to apply for a w-7 but am now worried that this bogus social that his employer used may harm him from obtaining a w-7 number...

Must we submit his 1099 to get a valid w-7 number?

Any help on this would be greatly appreciated

Okay, his employer has just screwed him over royally. Your fiancé should consider changing jobs.

You can apply for an ITIN using Form W-7. Claim the money he earned on Schedule C and make use of the legal deductions he can claim as an independent contractor. You may want to get professional help on that.

Do NOT use the Form 1099 if you KNOW the SSN is not accurate.

That is what I thought- so don't use the 1099 that we have and instead fill out a schedule c?? And send that in with the application for the w-7?
Thanks again
R

The Schedule C is attached to Form 1040. Yes, you send BOTH forms in with the W-7.