Categories: USA Immigration

Individual Taxpayer Identification Number (ITIN) Guide for Immigrants

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It’s a widespread mistruth that undocumented immigrants who work however should not have social safety numbers evade paying taxes for the wages they earn. Simply since you are undocumented doesn’t exempt you from paying taxes like a U.S. citizen or authorized everlasting resident would. An Particular person Taxpayer Identification Quantity or ITIN for brief, is a 9-digit quantity utilized by the Inner Income Service (IRS) in the USA for functions of federal tax reporting and processing for individuals who work together with undocumented immigrants. Extra particularly, an ITIN is given to sure overseas nationals, nonresidents, their dependents and spouses who will not be eligible for Social Safety Numbers.

Methods to Acquire an Particular person Tax Identification Quantity

Acquiring an Particular person Tax Identification Quantity isn’t solely your monetary duty if you’re working in the USA however it may be vastly useful in exhibiting ‘good ethical character’ and may also be used as proof in your immigration case in the event you plan to later regulate your immigration standing or are liable to deportation. What’s extra, it helps to show that you’ll not grow to be a public cost as a result of it demonstrates you’re employed.

To be able to be issued an Particular person Taxpayer Identification Quantity it’s worthwhile to full Kind W-7, IRS Software for Particular person Taxpayer Identification Quantity.  Together with this kind you’ll need to offer paperwork proving your overseas alien standing and id.

Steps to File Kind W-7, Software for IRS ITIN

The primary line of the f0rm reminds folks to not submit Kind W-7 if they’ve or are eligible to get a U.S. Social Safety Quantity. Subsequent to that field you’ll have to verify if the aim of filling out the shape is to 1. Apply for a brand new ITIN or 2. Renew an present ITIN.

The following part has you point out the explanation you’re submitting the shape.

Following that, you’ll need to fill out all of the biographic data together with your first, center and final identify, mailing tackle, overseas tackle, start data and data associated to your immigration standing. You probably have a overseas tax I.D. quantity fill that it on 6b, in case you have a sort of U.S. visa fill that in on line 6c. In line 6d choose the identification doc you’re submitting. On the very backside of the web page, you’ll need to signal below penalty of perjury that the data you offered is correct and full to one of the best of you information. Additionally date and embrace a contact telephone quantity.

Who Can Get An Individual Taxpayer ID Quantity?

The next people can qualify to get an ITIN:

  • Undocumented immigrants with out authorized standing within the U.S.
  • Non-U.S. residents (dwelling exterior of the U.S. and receiving revenue from proudly owning/investing in a enterprise throughout the U.S.)
  • International college students who qualify as residents
  • Spouses/dependents of LPRs, U.S. citizen or overseas nationwide within the U.S. on a brief visa

Distinction Between a SSN and an ITIN

One of many main variations between a Social Safety Quantity (SSN) and an Particular person Taxpayer Identification Quantity (ITIN) is {that a} Social Safety Quantity is assigned to U.S. residents and licensed non-citizens whereas an Particular person Taxpayer Identification Quantity will be issued to undocumented immigrants and nonresident immigrants who work in the USA in addition to all the opposite people within the paragraph above. In some states, you’ll be able to use your ITIN if you apply for a driver’s license as a substitute of a Social Safety Quantity. It may also be used when opening an interest-bearing checking account or making use of for bank cards.

Different Sorts of Taxpayer Identification Numbers

These are another types of identification numbers the IRS or authorities could use for functions of tax accounting and processing:

  • PTIN – Preparer Taxpayer Identification Quantity
  • ATIN – Taxpayer Identification Quantity for Pending U.S. Adoptions
  • EIN – Employer Identification Quantity
  • SSN – Social Safety Quantity

ITIN Eligibility: Who wants an ITIN quantity?

You’re eligible for an ITIN quantity in the event you meet all the following standards:

  • You should not have a Social Safety Quantity and will not be eligible for one
  • That you must file a federal revenue tax return or want to offer a federal tax ID quantity
  • You’re both a:
    • Nonresident alien required to file a United States tax return
    • U.S. resident alien submitting a tax return
    • Dependent or partner of a resident alien or U.S. citizen
    • Dependent or partner of a nonresident alien visa holder
    • Nonresident alien claiming a tax treaty profit
    • Nonresident alien professor, pupil or researcher submitting a U.S. tax return or claiming an exemption

Do all the aforementioned factors sound such as you? If sure, then you may can apply for an Particular person Taxpayer Identification Quantity (ITIN). 

Eligibility for a Social Safety Quantity

You’re eligible for a Social Safety Quantity if you’re a U.S. citizen, everlasting resident a non-citizen who has acquired work authorization from the Division of Homeland Safety (DHS). To be able to acquire a Social Safety Quantity, people who’re 18 years previous or older can apply for the SSN of their house nation on the similar time they apply for an immigrant visa with the USA Division of State. About three weeks after you arrive to the USA you may anticipate your social safety card to reach as nicely. That is essentially the most advisable course of as a result of it saves you time having to discover a Social Safety workplace if you come to the USA to use.

If you don’t apply concurrently your immigrant visa, you’ll need to carry your approval notices and petition alongside along with your immigration standing and work authorization to a Social Safety workplace within the U.S. Make sure that if you go to the Social Safety workplace you may have your passport along with your immigrant visa or Everlasting Resident Card, your start certificates plus the start certificates of any member of the family additionally making use of for a SSN.

Paperwork to Submit for ITIN

As beforehand talked about, it’s worthwhile to file Kind W-7 to use in your ITIN. Together with that, you’re required to submit proof of determine (doc that reveals picture of you and isn’t expired) and proof of your connect with your private home nation (a sound passport from that nation will meet this requirement). You possibly can apply in your ITIN quantity on the similar time you file federal taxes with the IRS. In the event you select to take action, you’d full your U.S. tax return and connect your W-7 together with the opposite paperwork and ship it to the IRS.

In the event you should not have an unexpired passport the supporting paperwork under will be acceptable.

Steadily Requested Questions

The place can I get my ITIN quantity?

To get your ITIN quantity you have to full Kind W-7 with the IRS. The price to use in your ITIN quantity is free.  You probably have already utilized for one previously and try to find a replica of the quantity, you may name the IRS at 1-800-829-1040. 

What’s the distinction between a social safety quantity and an ITIN?

A SSN is assigned to U.S. residents and licensed non-citizens whereas an Particular person Taxpayer Identification Quantity will be issued to undocumented immigrants and nonresident immigrants who work in the USA in addition to the next:

  • Nonresident alien required to file a United States tax return
  • U.S. resident alien submitting a tax return
  • Dependent or partner of a resident alien or U.S. citizen
  • Dependent or partner of a nonresident alien visa holder
  • Nonresident alien claiming a tax treaty profit
  • Nonresident alien professor, pupil or researcher submitting a U.S. tax return or claiming an exemption

Can an unlawful immigrant get an ITIN?

Sure, undocumented aliens can acquire Particular person Taxpayer Identification Numbers.

Do I have to renew my ITIN?

That you must renew your ITIN quantity if it has expired or will expire earlier than your file a tax return in 2021. Within the occasion that you simply write an expired ITIN quantity on a U.S. tax return, the IRS will course of it and take into account it filed well timed however they won’t course of any exemptions and or credit claimed and they won’t pay out a refund on the time. They can even notify you that the ITIN quantity you submitted is expired and a proof concerning the delay in your refund.

Does an ITIN present work authorization or authorized standing?

No, it doesn’t represent a piece authorization and shouldn’t be used on an I-9 Kind to show work authorization. It additionally doesn’t represent authorized standing in the USA.

What can I take advantage of an ITIN for?

Other than utilizing an ITIN as proof of residency, you too can use it to open an interest-bearing checking account in the USA (in the event you should not have a SSN) and you too can use it in some states to safe a driver’s license, allow or state ID.

How a lot does it price to get an ITIN quantity?

The isn’t any cost from the IRS for an ITIN.

Are there providers to acquire an ITIn on my behalf?

There are corporations who provide providers that will help you get an ITIN. The IRS requires that you simply submit authentic paperwork together with the W-7 type so in case your technique of identification is your passport meaning you could possibly be with out it for a protracted time period. A few of these providers can confirm the authenticity and submit the applying in your behalf can achieve this a lot sooner so that you’re not with out your identification paperwork for months at a time. In the event you elect to do that, make sure that the corporate is extremely respected. Some tax submitting providers additionally provide ITIN software help totally free if you use their paid tax prep providers.

When ought to I apply for an ITIN?

You possibly can apply for it if you find yourself able to file your U.S. revenue tax return or at any level all year long. Remember that in the event you connect a tax return to the Kind W-7 and submit it after the tax return submitting due date, you will be accountable for penalties or curiosity charges.

How lengthy does ITIN processing take?

It may possibly take wherever from 7-11 weeks for the IRS to course of and assign you an Particular person Tax Identification Quantity. You probably have waited that lengthy and nonetheless should not have a quantity, it’s best to name the IRS for the standing at 1-800-829-1040 (inside the USA). For these exterior the U.S. name 1-267-941-1000 (not toll-free).

Can an Individual Tax Identification Quantity be used to find an undocumented immigrant?

No, the federal government doesn’t use ITIN to trace undocumented people. It’s completely used for tax accounting functions and the IRS doesn’t share this data with immigration enforcement. Based mostly on Part 6103 of the Inner Income Code, it prohibits the discharge of tax data to different authorities businesses aside from giving data to the Treasury Division for investigations associated to tax administration or pursuant to court docket order “data could also be shared with regulation enforcement businesses for investigation and prosecution of non-tax legal legal guidelines.”

The place is the ITIN project date situated?

The project date is discovered on the CP565 ITIN Task discover. In the event you can’t find it, you may name 1-800-829-1040 (inside the USA) or 1-267-941-1000 if exterior the U.S.

Am I in a position to ship the IRS copies of my identification paperwork?

No, all identification paperwork submitted however be authentic or licensed copies.

What do I do after receiving a discover that my ITIN will expire?

The earlier you renew your ITIN the higher. In the event you obtain this discover for your self, a dependent or a partner, it’s best to start out the renewal course of. In the event you obtain the discover after you already submitted your renewal paperwork, then simply ignore it. If the circumstances have modified and also you now qualify to acquire a Social Safety Quantity, you need to get that as a substitute of an ITIN.

Ought to I renew my ITIN if I’m not submitting a tax return?

Whereas it’s not needed if you’re not planning to file a return or declare a refund instantly, you’ll need to resume it in the event you plan to file a tax return at any level sooner or later.

If I get a Social Safety Quantity do I have to renew my ITIN?

You shouldn’t renew it in the event you both acquired or are eligible to acquire a SSN.

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