Individual Taxpayer Identification Number (ITIN)
About ITINs
- Federal law requires individuals with U.S. income to pay applicable U.S. taxes, regardless of immigration status. That includes individuals who do not have SSNs.
- The ITIN is a nine-digit number beginning with 9 and a fourth digit of 7 or 8, created for use on tax returns by those taxpayers who do not currently qualify for (or have) a Social Security number.
- Taxpayers must file a request to be issued an ITIN; ITINs are not automatically issued.
- An ITIN will be issued to individuals who have a valid filing requirement, who file to claim a refund of taxes withheld, or if needed on the tax return of another individual (such as a parent or spouse).
- Having an ITIN does NOT:
- Authorize work in the U.S. or establish immigration status
- Create eligibility for Social Security benefits OR the Earned Income Tax Credit or (for a dependent) the Child Tax Credit (beginning with tax year 2018)
- Provide valid identification outside the tax system
- More information on ITINs can be found at irs.gov/individuals/individual-taxpayer-identification-number, in Chapter 1, "Filing Information", of Pub 17, and in Pub 1915, Understanding Your IRS Individual Taxpayer Identification Number.
Expired and Expiring ITINs
- If the IRS letter assigning an ITIN was issued prior to January 1, 2015, that ITIN has expired and needs to be renewed. (See Pub 4012 page L-11.)
- Also, any ITIN not used in the past three tax years is also considered expired and must be renewed.
- If the taxpayer has such an ITIN, the IRS should have sent the taxpayer Letter 5821.
- If an ITIN has expired, the taxpayer must submit a Form W-7 to renew it. This can be submitted separately or with the paper-filed tax return. Both options are discussed below.
- A tax return e-filed with an expired ITIN will be accepted by the IRS; however, it will be processed without allowing any exemptions or credits claimed, and no refund will be issued. The IRS sends the taxpayer a notice explaining the delay in any refund and that the ITIN must be renewed.
- Once the ITIN is renewed, any exemptions and credits will be processed, and any allowed refund issued.
- If the ITIN is not renewed, the taxpayer may be subject to interest and penalties for any tax owed as a result of disallowed exemptions and credits.
When the Taxpayer Obtains a Valid SSN and Previously Filed Using an ITIN
- Prepare the current year return using the new, valid SSN and e-file the return.
- If it benefits the taxpayer, amend prior-year returns that were filed using an ITIN.
- The reason stated on 1040X Page 2 should include “Previous return filed with ITIN _______” as well as a description of what else has changed.
- Note: Taxpayers with newly issued SSNs or ITINs cannot retroactively claim certain credits when they file an amended return, or a return for a prior year. See Pub 4012 page M-9, “Prior Year Returns”, for details.
When the Taxpayer is Applying for an ITIN
- It generally takes 4 to 6 weeks to receive an ITIN, but 8 to 10 weeks if requested during the filing season.
- Form W-7 Submitted with a Tax Return
- Preparation of Form W-7, Application for IRS Individual Taxpayer Identification Number, when the form is going to be filed with the tax return (which must be paper-filed), is in-scope.
- The process of completing a W-7 in TaxSlayer is described in two places in the sections above: Social Security Number (for the taxpayer), page 11; Spouse Social Security Number, page 17.
- The process of printing a Form W-7 to be filed with the tax return is described in the section Paper Returns that Include a Form W-7, page 130.
- Form W-7 Submitted Separately
- Preparation of Form W-7 as a separate document, not part of a tax return, is out-of-scope. However, it is acceptable to print a blank W-7 to give to the taxpayer; the taxpayer is responsible for completing it.
- A blank Form W-7, Application for IRS Individual Taxpayer Identification Number, and instructions, can be found on the IRS.gov website.
- See the section above, Paper Returns that Include a Form W-7, page 130, for how to submit Form W-7.
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