ITIN Question OR Advice Needed

[Anas & Ayesha 1]

I need some advice please.

I just got off the phone with H&R Block and they are telling me my husband (from Pakistan) cant get a ITIN number so he can file taxes with me, as Married. I cant get a good answer from H&R Block as to why because I have read here in this forum that many of you have done just that.

What should I do now?

Thank you for your help in this matter.

[Joandjo 20]

Tried to cancel

Edited January 27, 2012 by Joandjo

[DeathStrike 9]

Wonder why your husband cannot get an ITIN if you are LPR or Citizen using form W7.

Why dont you walk in a IRS office? They can answer this question for you.

http://www.irs.gov/localcontacts/article/0,,id=98325,00.html

[sunshine79 7]

You sure can get an ITIN for your spouse. You will just need a certified or notarized copy of your spouses passport (or combination of other documents mentioned in the W-7 instructions) and mail it with the completed W-7 along with your tax return to the Austin ITIN office to process. Unfortunately you cannot file electronically in this situation and that could be why H&R Block is resisting. Good luck.

[NiSham 0]

Well, I dont know about HR Block. But here is my story:

I called IRS couple of months ago and talked to an agent for almost an hour. He asked me file for ITIN alongwith your 1040, which I did couple fo weeks ago.USE W-7, which will constitute all your SPOUSE's information except for "part-e", where you will write the US Citizen or LPR holder's name and SS#. That form w-7 will be signed by your spouse and will be sent to the address below along with your CURRENT YEAR's TAX RETURN (MUST !!!!)

IRS ITIN OPERATIONS

P.O.BOX #149342,

Austin, TX- 787141-9342.

Besides filling in forn W-7 and 1040, you will also require a letter addressed by your spouse in Pakistan to IRS stating that HE/SHE is electing to be treated as RESIDENT ALIEN, only for Tax purposes. The document which IRS agent suggested me to send was passport photocopy of my SPOUSE's in Pakistan along with this packet.I sent following documents, in addition to my spouse's passport photocopy ( to be on the safeside):

1- Copy of our marriage certificate.

2-Spouse's Birth certificate

3-Copy of National Identity card of my Spouse.

4-Copy of Driver's License of my spouse.

NOW, only exception to this is if you already FILED your 2011 INCOME TAX RETURN, then I dont think you will be able to get your SPOUSE an ITIN number this year.The reason is The first and foremost requirement of w-7 is you have to send W-7 along with your 1040 Return.

Thats how I did mine this year.Thats my humble opinion.

Thanks

NiSham

[Darnell 8,478]

ITIN is granted when a W-7 form is submitted, with proper ID, along with a PAPER 1040 (and all other forms)

via postal mail

to

the special ITIN address listed in the W-7 instructions.

Have you reviewed the W-7 instructions???

[EAbbas 213]

agreed with the posts.. you can def get an ITIN number and file joint for taxes. Only thing we were told we couldnt do was to file electronically but it would have to be sent via post to IRS instead because of the ITIN form and documents.

[immiprocess 1]

in my case, my wife has not yet got his NIC due to stupid NADRA voting list thing is currently going on. so my wife need NIC which is not possible until the end of february, and after that she will able to apply passport.

[immiprocess 1]

I am thinking to write NR where form 1040 asked to provide SSN/ITIN. and post it by mail to IRS.

[Terca 6]

For 2010 I wanted to claim the "married filing separate" option when my bubby was overseas, But I had read on the IRS.GOV website on a publication that they were no longer accepting that people write NRA (non resident alien) on the form.

Since I still needed my husband's SSN or ITIN I submitted via snail mail my return along with form W-7 and notarized copies of his IDs.

I got my refund no problem but received an official letter addressed to him saying that they could not provide my hubby with an ITIN number because they had not received HIS return. I didn't give a ####### because I only wanted the number in order to fill out my taxes correctly, and he was going to receive his social security card anyways upon entry to US.

Keep in mind that a person cannot have both a working ITIN and SSN. If your spouse is assigned an ITIN now, make sure that you cancel the ITIN upon receiving the SSN.

p.s

In 2009 I needed my refund money ASAP so I wanted to e-file instead of snail mail. I was not able to do it with the "Married" options because the software did not let me continue without a SSN/ITIN for hubby. So I chose the "Single" and then amended my taxes to correct the mistake a couple of months after. When I ammended my taxes to married I did not claim the EIC (earned income credit) in order to keep my refund as it was and avoid complications.

[Terca 6]

I am thinking to write NR where form 1040 asked to provide SSN/ITIN. and post it by mail to IRS.

Don't take that risk. This is an excerpt from IRS.GOV general ITIN information page

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain a SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.

[Anas & Ayesha 1]

Thank you so much for all the information. I will read the directions for the W-7. Just want to get my taxes done before our next process....right now we are waiting to hear back on our REF.

So if everything works out we can cancel the ITIN number before applying for a SSN and all should be fine.

[July15 4]

Well, I dont know about HR Block. But here is my story:

I called IRS couple of months ago and talked to an agent for almost an hour. He asked me file for ITIN alongwith your 1040, which I did couple fo weeks ago.USE W-7, which will constitute all your SPOUSE's information except for "part-e", where you will write the US Citizen or LPR holder's name and SS#. That form w-7 will be signed by your spouse and will be sent to the address below along with your CURRENT YEAR's TAX RETURN (MUST !!!!)

IRS ITIN OPERATIONS

P.O.BOX #149342,

Austin, TX- 787141-9342.

Besides filling in forn W-7 and 1040, you will also require a letter addressed by your spouse in Pakistan to IRS stating that HE/SHE is electing to be treated as RESIDENT ALIEN, only for Tax purposes. The document which IRS agent suggested me to send was passport photocopy of my SPOUSE's in Pakistan along with this packet.I sent following documents, in addition to my spouse's passport photocopy ( to be on the safeside):

1- Copy of our marriage certificate.

2-Spouse's Birth certificate

3-Copy of National Identity card of my Spouse.

4-Copy of Driver's License of my spouse.

NOW, only exception to this is if you already FILED your 2011 INCOME TAX RETURN, then I dont think you will be able to get your SPOUSE an ITIN number this year.The reason is The first and foremost requirement of w-7 is you have to send W-7 along with your 1040 Return.

Thats how I did mine this year.Thats my humble opinion.

Thanks

NiSham

Hi, did you get your ITIN number yet? Did you send a notarized copy of the passport? Were any of these ID forms were notarized? Please let me know. Thank you.

[foobaz123 39]

Don't take that risk. This is an excerpt from IRS.GOV general ITIN information page

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain a SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.

Wouldn't this lead you to a circular dependency? You can't file a W-7 (except in rare cases) without filing a return, and you can't file the return without the ITIN for which you were filing the W-7. This makes no sense.

[alizon 77]

Wouldn't this lead you to a circular dependency? You can't file a W-7 (except in rare cases) without filing a return, and you can't file the return without the ITIN for which you were filing the W-7. This makes no sense.

Maybe this means that the regular IRS sites (like e-filing or where ever you would normally send your paper returns) won't process the return without the ITIN? I know that our return and W-7 are being sent to a facility in Texas to be processed, which isn't where my filing has been done in previous years, so I'm guessing this is a special facility for receiving ITIN apps + attached 1040s?