If you have a United States tax obligation but cannot get a Social Security number, an Individual Taxpayer Identification Number is how the IRS identifies you. Here is who needs one, what it does and does not do, and what the IRS will ask you to prove.
An Individual Taxpayer Identification Number is a nine-digit number issued by the Internal Revenue Service
to people who have a United States tax reporting obligation but are not eligible for a Social Security
number. It always begins with the digit 9 and is formatted like a Social Security number
(9XX-XX-XXXX). You apply for one on IRS Form W-7.
Its only purpose is federal tax administration. It lets you file a return, be claimed on somebody
else’s return, claim a treaty benefit, or have tax correctly withheld and reported against your name.
It is issued regardless of your immigration status, because the tax rules apply to income arising in the
United States no matter who earns it.
An ITIN does
Let you file a U.S. federal tax return
Let a spouse or dependent be listed on a return
Support a tax treaty or withholding exemption claim
Identify you to the IRS on information returns
Help satisfy a bank or payer that asks for a U.S. TIN
An ITIN does not
Authorise you to work in the United States
Give or change any immigration status
Make you eligible for Social Security benefits
Qualify you for the Earned Income Tax Credit
Serve as identification outside the tax system
Who needs an ITIN
The IRS groups ITIN applicants into five broad categories. If you recognise yourself in any one of them and
you cannot obtain a Social Security number, Form W-7 is the right form.
1. Non-resident aliens who must file a U.S. return
You do not live in the United States, but you have income the United States taxes — rent from
a U.S. property, a share of a U.S. partnership, a gain on U.S. real estate, royalties, or income
from a trade or business carried on in the country. Your return is Form 1040-NR, and it needs a
taxpayer identification number to be processed.
2. Resident aliens filing on the basis of days present
You are treated as a U.S. resident for tax purposes because you met the substantial presence
test — broadly, 31 days in the current year and 183 days across a weighted three-year
count — yet you hold a visa status that does not entitle you to a Social Security number.
You file Form 1040 like any resident, and you need an ITIN to do it.
3. A spouse of a U.S. citizen or resident
Your husband or wife files a U.S. return and wants to include you — usually to file
jointly, which often reduces the household’s tax considerably. The return cannot be
processed with a blank where your identification number should be. This is one of the most
common reasons we file Form W-7, and it is normally submitted together with the couple’s return.
4. A dependent of a U.S. citizen or resident
A child, parent or other qualifying relative being claimed on somebody’s return. Dependent
applications carry the strictest documentation rules of all: the IRS wants proof of identity,
proof of foreign status and, for a child, evidence of the relationship and often of U.S.
residency. A passport alone is only sufficient for a dependent if it carries a U.S. entry date
stamp — otherwise a second document is required. We check this before anything is filed,
because it is the single most common cause of a rejected W-7.
5. Students, professors and researchers — and their dependents
Non-resident students, teachers, trainees and visiting academics who are filing a return or
claiming an exception to the filing requirement, along with the spouses and children who came
with them. Applications in this group usually need a letter from the university or institution
confirming the appointment or programme, which is why our form asks for those details.
Applying without a tax return: the five exceptions
As a rule, Form W-7 travels with the federal return that makes the ITIN necessary. The IRS allows five
exceptions where you may apply on its own — but each one has to be evidenced, and an unsupported
exception claim is simply rejected. These are the documents that make the difference.
The five exceptions to the requirement to attach a tax return to Form W-7
Exception
When it applies
What has to be attached
1
Passive income with third-party withholding
Interest, dividends, rents, royalties, pensions, annuities or gaming winnings on which a
bank, fund or payer must withhold and report. Also partners in a U.S. partnership with
such income.
A signed letter or statement from the withholding agent, bank or partnership on its own
letterhead, confirming the account or interest and that a U.S. TIN is required. Partnership
cases also need a copy of the partnership agreement or Form 1042-S.
2
Wages, scholarships or a treaty claim
Wages exempt from withholding under a treaty; scholarship, fellowship or grant income;
or a claim that a treaty article removes the tax on income other than passive income.
A letter from the employer, university or authorised school official, plus your Form
8233, W-8BEN or the relevant treaty documentation, and evidence of your visa status where
one applies.
3
Third-party mortgage interest reporting
You hold a mortgage on U.S. real property and the lender must report the interest you pay.
A copy of the loan or mortgage documents, together with a letter from the lender stating
that it is required to report the interest and needs your taxpayer identification number.
4
Disposition of a U.S. real property interest
You are selling, or have sold, an interest in U.S. real estate and the buyer or settlement
agent has withholding and reporting duties.
The withholding statements and settlement documents for the sale — typically the
closing statement and the relevant withholding forms filed by the buyer or agent.
5
Treasury Decision 9363 reporting
A reporting obligation arises under that Treasury Decision and you need a number to satisfy it.
Documentation from the party with the reporting obligation, showing why a U.S. taxpayer
identification number is needed.
Not sure which exception fits, or whether one fits at all? That is exactly the sort of thing to ask us before
filing. The application form asks what you need the number for, and we will tell you plainly whether a return
has to go with it.
Documents that prove identity and foreign status
The IRS accepts thirteen documents. A valid passport is the only one that stands alone — every other
route needs two documents, one proving who you are and one proving your foreign status.
Passport (stands alone)
National identification card
U.S. driver’s licence
Civil birth certificate
Foreign driver’s licence
U.S. state identification card
Foreign voter registration card
U.S. or foreign military identification
U.S. visa
USCIS photo identification
Medical records (under 6 only)
School records (students only)
Your passport never goes to the IRS
Apply on your own and the IRS expects original documents, or copies certified by the issuing agency,
posted to Austin, Texas — which can take six months or more, and the care, custody and control of
an irreplaceable document is out of your hands the whole time. Because Mr. Bryan Woods is a Certifying
Acceptance Agent, and in alignment with IRS statute, we send the IRS a certified copy instead.
IRS ITIN statute and procedure do require that we touch and hold your passport to confirm it is valid.
We inspect the original, photocopy it, and return it to you immediately by Federal Express, DHL, USPS
Priority or Express Mail. One to two days without your passport, not six months. Not with us.
When an ITIN expires
An ITIN that is not used on a federal return for three consecutive tax years expires at the end of the
third year. It does not disappear from the IRS’s records — it simply stops working, and a
return filed with an expired number is processed without the credits and exemptions that depend on it.
Renewing is the same Form W-7, ticking the renewal box and giving the existing number. There is no
need to wait for the IRS to write to you, and renewing outside the January-to-April rush is
considerably faster.
The IRS ITIN Operation generally takes around seven weeks to issue a number, and longer — nine to
eleven weeks is common — between January and April, when it handles filing-season volume, and for
applications sent from outside the United States.
We cannot change the IRS’s queue, but a package that is right the first time never joins the back
of it twice. You can follow your file’s progress through our office at any time.
Mr. Bryan Woods is an IRS Certifying Acceptance Agent, so your passport is never sent to the IRS. We touch
and hold it only long enough to confirm it is valid and photocopy it — one to two days — then
courier it straight back to you. Start the online application, or call and talk it through first —
both are free.
Please note. This page is general information about United States
federal tax rules, not advice about your own circumstances, and rules change. ITIN INTERNATIONAL TAX SERVICES
is a private firm authorised by the Internal Revenue Service as a Certifying Acceptance Agent; we are not a
government agency and we are not affiliated with the IRS beyond that authorisation. Form W-7 and its
instructions are available free of charge from
irs.gov.
For advice on your situation, please
get in touch.