Individual Taxpayer Identification Number (ITIN)

[CourtneyRox 25]

Hey Everyone,

Well my K1 visa expires Dec 29th 2011 and I have not gone to get my SSN ... I guess I was under the impression that if I wasn't planning on working that I didn't really have to worry about getting one until I filed my AOS and received my EAD ... Come to find out that (DUH! ) I need an SSN to file taxes with my husband!! So now since I am too late to file for a SSN I have to file for an ITIN and I was wondering if anyone else has had to do this and might have some helpful tips for me... Thanks, Courtney

Edited December 28, 2011 by CourtneyRox

[MIBEN 83]

You get your SSN in two weeks and have until April to file taxes, you have plenty of time.

[CourtneyRox 25]

You get your SSN in two weeks and have until April to file taxes, you have plenty of time.

Sorry, I'm not sure I understand what you mean by I get my SSN in two weeks? Do you mean wait until my paperwork is approved and I get my EAD, then file for my SSN.. get my SSN within 2 weeks and file our taxes? I'm just worried if I do this I might be cutting it close... really don't want to be doing anything last minute anymore... This SSN has me so anxious!

I should mention that I have not filed my paperwork yet but will be doing so next week!

Edited December 28, 2011 by CourtneyRox

[MIBEN 83]

Ok yes I see, yes I meant two weeks once you apply for the card. You can look on the IRS website to get instructions on getting a tax ID number if I recall correctly there is a 5 or 6 week process time you have time.

Good luck,

[MIBEN 83]

Read other posts stating they got the spouses SS card then filed for the EAD. I had also read before that you get a SSN but has a restriction that you cannot work until you get the EAD.

[MIBEN 83]

Ask rick313 from Thailand he said they just did their AOS On 5 Dec and his wife already has her SSN.

Good luck

[Inky 1,110]

Ask rick313 from Thailand he said they just did their AOS On 5 Dec and his wife already has her SSN.

Good luck

Sorry but the OP is asking about an ITIN number not an SSN. Its better to do research and not answer if you are not sure! She already also said she cannot get the SSN.

Its unfortunate that your information to the OP is not useful and spammed her question.

[Kathryn41 3,205]

Hi CourtneyRox,

Here is the application form for the ITIN: http://www.irs.gov/pub/irs-pdf/fw7.pdf and here is information about why you would need it: http://www.irs.gov/b...d=96696,00.html

Basically, you are not eligible for a SSN until after you have filed for AOS and received either your EAD or your green card. Your SSN will have a restriction on it if you apply for it using the EAD, however, if you wait until you get your green card it will be unrestricted. Still, you can get the restrictions removed if you get the SSN using your EAD when you get your Green card as well. The restriction is basically that you need an EAD to work . To get a SSN, you need a dated document from immigration that shows you are legally present in the country and legally authorized to work. You could have applied with your I-94 as you were eligible under the K-1 category but you needed to do no later than 2 weeks before it expires. Once it enters that two week period, it is no longer accepted by SSA for an SSN.

So, the ITIN is for taxpayers who are not eligible for a SSN. Since the timing of the approval for the AOS is unpredictable, there is no way to guarantee that the EAD or the green card would be approved in time for the tax filing deadline.

One other possible option is for your husband to file 'married, filing singly' and report that you have no SSN and then file a modified return of 'Married, filing jointly" after you receive the number. That would allow him to file and avoid any penalties for late filing. Depending on your own tax situation it would probably be to your benefit for the two of you to file 'married, filing jointly' with you including your Canadian based 'World' income on the return,and then claiming a Foreign Tax credit which basically cancels out that income, but makes the two of you eligible for all sorts of 'married' benefits. Someone else more knowledgeable about US taxes should probably chime in here to verify that this is an option that but I believe it is. It would also mean having to do the tax returns twice and completely different each time.

You can also claim a full year's tax credits on your Canadian return even though your income didn't cover a full year as you would have had no non-Canadian based income after you moved to the US. This would give you a nice refund on your Canadian taxes as well. Check out this link: http://www.cra-arc.g...56/t4056-e.html and read this document thoroughly so you are able to get the best tax advantage.

Edited December 28, 2011 by Kathryn41

[CourtneyRox 25]

Hi CourtneyRox,

Here is the application form for the ITIN: http://www.irs.gov/pub/irs-pdf/fw7.pdf and here is information about why you would need it: http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html

Basically, you are not eligible for a SSN until after you have filed for AOS and received either your EAD or your green card. Your SSN will have a restriction on it if you apply for it using the EAD, however, if you wait until you get your green card it will be unrestricted. Still, you can get the restrictions removed if you get the SSN using your EAD when you get your Green card as well. The restriction is basically that you need an EAD to work . To get a SSN, you need a dated document from immigration that shows you are legally present in the country and legally authorized to work. You could have applied with your I-94 as you were eligible under the K-1 category but you needed to do no later than 2 weeks before it expires. Once it enters that two week period, it is no longer accepted by SSA for an SSN.

So, the ITIN is for taxpayers who are not eligible for a SSN. Since the timing of the approval for the AOS is unpredictable, there is no way to guarantee that the EAD or the green card would be approved in time for the tax filing deadline.

One other possible option is for your husband to file 'married, filing singly' and report that you have no SSN and then file a modified return of 'Married, filing jointly" after you receive the number. That would allow him to file and avoid any penalties for late filing. Depending on your own tax situation it would probably be to your benefit for the two of you to file 'married, filing jointly' with you including your Canadian based 'World' income on the return,and then claiming a Foreign Tax credit which basically cancels out that income, but makes the two of you eligible for all sorts of 'married' benefits. Someone else more knowledgeable about US taxes should probably chime in here to verify that this is an option that but I believe it is.

You can also claim a full year's tax credits on your Canadian return even though your income didn't cover a full year as you would have had no non-Canadian based income after you moved to the US. This would give you a nice refund on your Canadian taxes as well. Check out this link: http://www.cra-arc.gc.ca/E/pub/tg/t4056/t4056-e.html and read this document thoroughly so you are able to get the best tax advantage.

Wow Thank You! Greatly appreciate you taking the time to help me!

[CourtneyRox 25]

I was doing a little reading on the IRS website and I'm kind of confused by something...

"What is an ITIN?

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a range of 70-88 in the fourth and fifth digit. Effective April 12, 2011, the range was extended to include 90-92 and 94-99 in the fourth and fifth digit, example 9XX-90-XXXX.

IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.

NOTE: You cannot claim the earned income credit using an ITIN.

Foreign persons who are individuals should apply for a social security number (SSN, if permitted) on Form SS-5 with the Social Security Administration, or should apply for an Individual Taxpayer Identification Number (ITIN) on Form W-7. Effective immediately, each ITIN applicant must now:

Apply using the revised Form W-7, Application for IRS Individual Taxpayer Identification Number; and

Attach a federal income tax return to the Form W-7."

I've highlighted what I'm confused about... Am I an exception for having to attach a federal income tax return to the form since I haven't worked since leaving Canada.. or do they mean I have to attach my T4 from Canada? Super confused!!

[CourtneyRox 25]

Hi CourtneyRox,

Here is the application form for the ITIN: http://www.irs.gov/pub/irs-pdf/fw7.pdf and here is information about why you would need it: http://www.irs.gov/b...d=96696,00.html

Basically, you are not eligible for a SSN until after you have filed for AOS and received either your EAD or your green card. Your SSN will have a restriction on it if you apply for it using the EAD, however, if you wait until you get your green card it will be unrestricted. Still, you can get the restrictions removed if you get the SSN using your EAD when you get your Green card as well. The restriction is basically that you need an EAD to work . To get a SSN, you need a dated document from immigration that shows you are legally present in the country and legally authorized to work. You could have applied with your I-94 as you were eligible under the K-1 category but you needed to do no later than 2 weeks before it expires. Once it enters that two week period, it is no longer accepted by SSA for an SSN.

So, the ITIN is for taxpayers who are not eligible for a SSN. Since the timing of the approval for the AOS is unpredictable, there is no way to guarantee that the EAD or the green card would be approved in time for the tax filing deadline.

One other possible option is for your husband to file 'married, filing singly' and report that you have no SSN and then file a modified return of 'Married, filing jointly" after you receive the number. That would allow him to file and avoid any penalties for late filing. Depending on your own tax situation it would probably be to your benefit for the two of you to file 'married, filing jointly' with you including your Canadian based 'World' income on the return,and then claiming a Foreign Tax credit which basically cancels out that income, but makes the two of you eligible for all sorts of 'married' benefits. Someone else more knowledgeable about US taxes should probably chime in here to verify that this is an option that but I believe it is. It would also mean having to do the tax returns twice and completely different each time.

You can also claim a full year's tax credits on your Canadian return even though your income didn't cover a full year as you would have had no non-Canadian based income after you moved to the US. This would give you a nice refund on your Canadian taxes as well. Check out this link: http://www.cra-arc.g...56/t4056-e.html and read this document thoroughly so you are able to get the best tax advantage.

I called the IRS today to get a bit more information regarding the ITIN. I assumed that I would have to get the ITIN before Darrell and I filed our joint taxes here in the US. However, according to the agent I spoke with from the IRS we have to fill out our tax return and attach the W7 form (request for ITIN) and have our taxes and W7 processed together... Does that seem right? I'm trying to get in touch with an "Acceptance Agent" to see if they can do our taxes and process the request for ITIN. The last thing I need is to try to complete our taxes and for someone to say "well you should have requested an ITIN 5-6 weeks ago"

[CourtneyRox 25]

Finally got through to an "Acceptance Agent"... So this is what I was told! Darrell and I will go and file "joint" taxes and at the same time fill out the W7 form and both the taxes and W7 are processed together ... Thank You Kathryn for your guidance!

[CanadaLove 16]

One other possible option is for your husband to file 'married, filing singly' and report that you have no SSN and then file a modified return of 'Married, filing jointly" after you receive the number. That would allow him to file and avoid any penalties for late filing. Depending on your own tax situation it would probably be to your benefit for the two of you to file 'married, filing jointly' with you including your Canadian based 'World' income on the return,and then claiming a Foreign Tax credit which basically cancels out that income, but makes the two of you eligible for all sorts of 'married' benefits. Someone else more knowledgeable about US taxes should probably chime in here to verify that this is an option that but I believe it is. It would also mean having to do the tax returns twice and completely different each time.

As someone more familiar with US taxes, I can agree that the above is true. I've been filing 'married filing separately' for the past 5 years, and have never had an issue with the IRS. The only problem is that I can't file electronically. I've also asked my (very, very good) accountant about this previously, and the information above corroborates with what he's said.

[Dave&Roza 748]

Hey Everyone,

Well my K1 visa expires Dec 29th 2011 and I have not gone to get my SSN ... I guess I was under the impression that if I wasn't planning on working that I didn't really have to worry about getting one until I filed my AOS and received my EAD ... Come to find out that (DUH! ) I need an SSN to file taxes with my husband!! So now since I am too late to file for a SSN I have to file for an ITIN and I was wondering if anyone else has had to do this and might have some helpful tips for me... Thanks, Courtney

Your K-1 "Expired" when you used it to enter the US. The I-94 expiry date is the important date for obtaining a SSN. As long as you have more than 14 days before the I-94 expires, get thee to the SSA office nearest you and file for your SSN. I would take notes of time, date, and the perosn's name that helps (or does not help) you just encase they refuse to issue a SSN. Then go home and e-mail the mail SSA office that is listed on their website and explain you have a K-1 visa and was denied a SSN. The main office has been pretty good of late in replying with helpful information you take back to the local SSA office to educate then about a K-1 visa. There have been a coule of threads here on VJ about this--you may want to search for them.

Since you are eligible for a SSN, I would avoid getting an ITIN as I feel that is can casue problems in the future when you start filing using a SSN instead of the ITIN--But that is MHO.

Good luck,

Dave

Edited December 29, 2011 by Dave&Roza

[CourtneyRox 25]

Your K-1 "Expired" when you used it to enter the US. The I-94 expiry date is the important date for obtaining a SSN. As long as you have more than 14 days before the I-94 expires, get thee to the SSA office nearest you and file for your SSN. I would take notes of time, date, and the perosn's name that helps (or does not help) you just encase they refuse to issue a SSN. Then go home and e-mail the mail SSA office that is listed on their website and explain you have a K-1 visa and was denied a SSN. The main office has been pretty good of late in replying with helpful information you take back to the local SSA office to educate then about a K-1 visa. There have been a coule of threads here on VJ about this--you may want to search for them.

Since you are eligible for a SSN, I would avoid getting an ITIN as I feel that is can casue problems in the future when you start filing using a SSN instead of the ITIN--But that is MHO.

Good luck,

Dave

My visa didn't expire when I entered the US. I entered the US Sept 29th 2011 and was married Oct 4th 2011, therefore my visa expires today! I didn't bother to get a SSN because I will not be working, I thought that I would just focus on my move, family and Christmas and then start my paperwork after the holidays. It was stupid not to realize that I would need an SSN to file our taxes I admit that, but I honestly thought there would be no issues waiting until my green card was approved and then going down getting my SSN in my married name.

Why do you feel ITIN will cause me problems?