Does anyone have applied for W-7 this year? Please Help!!

[formywife 9]

Hi All,

I guess someone here can provide me some help. I really appreciate if anyone here can provide me a help. I applied for my wife's ITIN on end of March and filed joint tax return. While submitting ITIN application, I had submitted copy of her passport and the copy was certified by issuing agency from Nepal.

This week I got notice from IRS for my wife saying they need two documents which prove identity as foreign status. But when I called ITIN office, I got totally different message, they say the notice is just a computer generated message, the real thing they need is her original passport. They say that after they review it, they will return the passport within 60 days. I don't know why don't they review the notice before sending to us.

Also, interestingly I was told that if the ITIN gets rejected then whatever the money I am supposed to get from IRS as refund, I have to pay that much of money back to IRS. for example if I am supposed to get 1000$ as a refund if ITIN would have approved then if ITIN gets rejected IRS will send me a notice to pay 1000$ to them. Once my wife comes here legally then I can file 1040X and I can have that money back. Is it right? Every time I call them I am getting different different information. Only one information is correct and that is : they need original passport.

I am getting really confused and I am quite hesitant to send them her original passport now. Hope you guys understand why I don't want to send them the original passport.

Do you guys have any experience like this in ITIN application? I really appreciate if anyone here can help me what shall I do? I don't want to owe any money to IRS if ITIN gets rejected? Did this happen to anyone here? Please help me

Thank you.

[S & H 4]

I agree, I would not want to send an original passport to the IRS. Maybe you can stop by a local IRS office and show them the passport in person?

Once your wife arrives in the states, she will get an SSN. You can then file an amended return (1040X) to get your money back. It usually takes 8-12 weeks before you get the check back from the IRS.

For a more detailed explanation, stop by the library and look at JK Lasser's Your Income Tax Guide 2013. page 454 section 21.11 explains the ITIN vs SSN for foreign spouse process

[formywife 9]

Thank you so much for your response. I really appreciate it. The main reason why I want to apply for her ITIN now is because I can put her as my dependent in my tax return. May be I am wrong here, but I believe that putting her as a dependent will be one additional proof of genuine continuous legitimate relation.

But different, different response from different different customer service have really confused me what to do and what not to do. They really want me to send original and one thing it scares me if ITIN gets rejected then I will owe them money what I am supposed to get from them and I don't wanna owe them money as it will effect her visa journey.

[S & H 4]

Here is some information from the IRS regarding a nonresidence spouse treated as a resident

http://www.irs.gov/publications/p519/ch01.html#en_US_2012_publink1000222193

I hope that helps

[formywife 9]

Here is some information from the IRS regarding a nonresidence spouse treated as a resident

http://www.irs.gov/publications/p519/ch01.html#en_US_2012_publink1000222193

I hope that helps

This helps. Thank you, really appreciate your help.

[S & H 4]

I would not trust the IRS reps over the phone. The tax code is so complex that even the courts shoot down the IRS publications since they sometimes contradict the tax code. The best thing to do is have everything in writing when you deal with them.

I haven't applied for the W-7 so I can't speak from experience. Hopefully someone else will post their experience regarding this since I'm curious.

[Apalis 3]

@formywife, you need to get a photocopy of your wife's passport certified or notarized by the US Embassy in Nepal. That's what we did and the IRS accepts that without problem.

The US Embassy will print on the photocopy of your wife's passport saying something like the passport is an authentic copy of the original and suitable for Internal Revenue Service use.

As far as I know, the US IRS only accepts notarization done by the US Embassy, not even the local government in your wife's country. I sent photocopy of my wife's passport and got her ITIN in 1 month.

[formywife 9]

@formywife, you need to get a photocopy of your wife's passport certified or notarized by the US Embassy in Nepal. That's what we did and the IRS accepts that without problem.

Hi Apalis,

Thank you very much for your help. I am just curious, how did you contact US Embassy( write email, phone call , etc) and what document did you present US Embassy to get passport copy notarized?

Thank You

Edited May 3, 2013 by formywife

[Apalis 3]

Hi Apalis,

Thank you very much for your help. I am just curious, how did you contact US Embassy( write email, phone call , etc) and what document did you present US Embassy to get passport copy notarized?

Thank You

I went to the US Embassy website in Singapore to schedule an appointment for notarial service. Then I showed up on that day with my wife, they asked me I need the notarial service for what purpose. I told them that the IRS requested and they automatically knew what to do.

It was pretty simple really. If you want to be careful, you can also bring along the letter from IRS requesting the certified copy of the passport.

It will cost you 50 USD though, pretty steep .

[CarlaDave 27]

I'm not sure how it works if the ITIN applicant is not here.

We did not want to risk sending in Dave's passport either so the only other option is through an IRS Acceptance Agent. Dave & I went to an IRS Acceptance Agent (IRS office) which will also have to file/mail your taxes at the same time. They took a photocopy of his passport & UK birth certificates. The endorsed copies were then attached to this year's 1040 and mailed to Texas. They process the W-7 app & forward the 1040 on for processing. When Dave receives his SSN, we have to go back to the IRS office so they can marry the two (SSN + ITIN) numbers together.

I've not heard of anyone being denied an ITIN with the exception of those not providing proper proof. As someone else posted, I believe the US Embassy would be the only agency out of the US that can endorse the passport for your spouse.

Good Luck!

[speedwell 224]

Yes, it's true that if the ITIN is denied, your taxes will have to be figured as if the person you are filing with has no ITIN (that is, you will have to file married/seperately). If filing joint meant you got a refund, and filing separately means you get less refund, no refund, or a tax bill, you will have to go by the new figure. It might or might not mean you have to pay anything, and if you do have to pay, the figure you have to pay is unrelated to the previous figure.

[formywife 9]

I went to the US Embassy website in Singapore to schedule an appointment for notarial service. Then I showed up on that day with my wife, they asked me I need the notarial service for what purpose. I told them that the IRS requested and they automatically knew what to do.

It was pretty simple really. If you want to be careful, you can also bring along the letter from IRS requesting the certified copy of the passport.

It will cost you 50 USD though, pretty steep .

Hi Apalis,

In my back home Nepal, when they certify Passport photocopy, they generally make copy of photo page of passport and certify it.

This is what exactly I did. Did you make copy of ALL pages of passport and certify it or just made copy of photo page of passport and certify it in US Embassy?

Thanks

Yes, it's true that if the ITIN is denied, your taxes will have to be figured as if the person you are filing with has no ITIN (that is, you will have to file married/seperately). If filing joint meant you got a refund, and filing separately means you get less refund, no refund, or a tax bill, you will have to go by the new figure. It might or might not mean you have to pay anything, and if you do have to pay, the figure you have to pay is unrelated to the previous figure.

Hi Speedwell,

Does this means that if ITIN application gets rejected then whatever money I am supposed to get as a refund, I will owe them?

Thanks for your response appreciate it

I'm not sure how it works if the ITIN applicant is not here.

We did not want to risk sending in Dave's passport either so the only other option is through an IRS Acceptance Agent. Dave & I went to an IRS Acceptance Agent (IRS office) which will also have to file/mail your taxes at the same time. They took a photocopy of his passport & UK birth certificates. The endorsed copies were then attached to this year's 1040 and mailed to Texas. They process the W-7 app & forward the 1040 on for processing. When Dave receives his SSN, we have to go back to the IRS office so they can marry the two (SSN + ITIN) numbers together.

I've not heard of anyone being denied an ITIN with the exception of those not providing proper proof. As someone else posted, I believe the US Embassy would be the only agency out of the US that can endorse the passport for your spouse.

Good Luck!

Thanks for your response, really appreciate it. I am going to contact US Embassy soon.

[speedwell 224]

Hi Speedwell,

Does this means that if ITIN application gets rejected then whatever money I am supposed to get as a refund, I will owe them?

Thanks for your response appreciate it

No. You do not have to pay an amount equal to your refund. You have to figure the taxes as married separately rather than married joint, and then you need to figure what you owe. You may get a smaller refund, owe nothing, or owe something. It depends on your individual circumstances.

[G & V 3]

@formywife, you need to get a photocopy of your wife's passport certified or notarized by the US Embassy in Nepal. That's what we did and the IRS accepts that without problem.

The US Embassy will print on the photocopy of your wife's passport saying something like the passport is an authentic copy of the original and suitable for Internal Revenue Service use.

As far as I know, the US IRS only accepts notarization done by the US Embassy, not even the local government in your wife's country. I sent photocopy of my wife's passport and got her ITIN in 1 month.

I've not heard of anyone being denied an ITIN with the exception of those not providing proper proof. As someone else posted, I believe the US Embassy would be the only agency out of the US that can endorse the passport for your spouse.

This contradicts the IRS W-7 instructions which says to send "The original documents, or certified copies of these documents from the issuing agency".

But I sent a certified copy from the issuing agency of my wife's passport, and I just got a letter from the IRS today saying it has not been accepted. Very frustrating, I'm going to try to call the IRS on Monday. My wife is still in the Philippines and she had to go through a lot of effort to get that copy.

[Darnell 8,478]

Thank you so much for your response. I really appreciate it. The main reason why I want to apply for her ITIN now is because I can put her as my dependent in my tax return. May be I am wrong here, but I believe that putting her as a dependent will be one additional proof of genuine continuous legitimate relation.

But different, different response from different different customer service have really confused me what to do and what not to do. They really want me to send original and one thing it scares me if ITIN gets rejected then I will owe them money what I am supposed to get from them and I don't wanna owe them money as it will effect her visa journey.

You have another route available to you.

You will need:

1. another w-7 form with her original signature

2. her passport

3. copies of all pages of her passport

4. the tax return forms signed by you and her

5. another set of w-2s plus any ancillary forms used for the tax return

6. letter to the IRS, signed by both of you, clearly stating that the two of you elect for HER to be considered a resident alient for tax purposes, starting in tax year 2012.

then

GO INTO a local IRS office.

Show items 1 through 6 to a supervisor.

Tell the supervisor you want him/her to chop / stamp #3, reviewing #2.

Then tell the supervisor that you want her office to forward the entire collection on to the ITIN UNIT in Austin TX (without original passport)

That'll work for ya.

In the interim ? Call the IRS, ask for a supervisor, tell the supervisor that you need to withdraw the tax return you filed, as you are having ID issues with the ITIN Unit in Austin, and you are needed 4 weeks to fix the ID issues and the ITIN unit won't wait.

Go Get Em, and Good Luck !

[ps - the new ID requirements suck, I'm sorry you got stuck on them]