CP566 ITIN supporting documents incorrect\missing

[Mr and Mrs S 207]

I filed for my wife's ITIN by sending in a form W7 alongside my Tax Return. We used a copy of my wife's passport, attested by the US consulate in Karachi, as an identity document.

We received the following notice.

 

 

I called the IRS twice and both times was told they could not give me information on my wife's w7 unless I had signed on it as her delegate. I had not. I will ask her to call them tomorrow (she is sleeping right now, time zones, fun)

 

The first lady didn't say much and I didn't have great questions.

 

I asked the second lady what would happen if I failed to send in the correct supporting documents (didn't send them or sent the wrong ones). She said they would change things on my return and file it MFS. 

 

Was she correct? Would the IRS just file my taxes MFS if I can't get the right documents (I would not mind this). Less of a refund but I don't think I owe anything (I calculated my taxes single also).

 

https://www.irs.gov/individuals/international-taxpayers/itin-updated-procedures-frequently-asked-questions

 

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A notarized document is one that the taxpayer provides to a public notary who bears witness to the signing of the official document and affixes a seal assuring that the document is legitimate. These documents will not be accepted for ITIN applications. Note there are some applicants who are exempt from this change.

 

The US consulate notarized my documents which is probably why they were rejected. Does anyone know where I would get my wife passport certified (she is in Pakistan)?

 

According to IRS:

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A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the Agency.

 

I don't feel great about having my wife send her passport in the mail, then me sending it to Austin.  I would like to avoid that option. We are awaiting her interview as soon as the embassy in Islamabad opens (could be next month, could be next year) and would need here passport for that. I don't imagine getting a replacement passport would be an easy task if it gets lost in the mail.

 

Any help, ideas would be appreciated.

 

 

[Liam2021 583]

1 hour ago, Mr and Mrs S said:

We used a copy of my wife's passport, attested by the US consulate in Karachi, as an identity document

I think this is the problem.

[Mr and Mrs S 207]

3 minutes ago, H&T said:

I think this is the problem.

That's what the IRS faq page, and the 2 agents I talked to said. What is the alternative? I have been scouring the internet to find information on whether there is process for getting a certified copy of the Pakistani passport from the issuing agency but to no avail.

[Vermyndax 33]

I just got the same notice. We had a certified true copy of my wife’s passport because she is still overseas, awaiting for the visa interview (we have cleared NVC, but due to the pandemic we have no idea when the interview will take place).

 

It looks like IRS changed their rules so that they will no longer accept certified true copies of the documents and are demanding the original passport. This is a big problem for us because her passport is still overseas with her. I’m not comfortable with having her mail the passport here and submit it to IRS for an unknown period of time while we’re waiting for a visa interview to be scheduled.

 

I came here to write up a post about this very subject, so I guess I’ll “me too” this post and track it.

 

Right now, I’m just formulating options - but it looks like we could:

• Mail her passport here and submit it to IRS, thereby rolling the dice on when the interviews will take place and the location of her passport at that time.
• Re-file the taxes so they are Head of Household or “married filing separately.”
• Ignore the notice, ignore the taxes, and just file them again after my wife gets here since they owe us money anyway.

We’re leaning toward options 2 and 3 right now. I’m just not comfortable with mailing the passport here, then to the IRS, then back to Philippines and pray that the interview doesn’t get scheduled.

 

I really feel like they’ve changed the ITIN rules under our noses. What’s really odd to me is that my state already processed our taxes and gave us the refund that is due to us.

 

I’ll track this discussion as we all continue to figure this out together.

Edited July 21, 2020 by Vermyndax

[Mr and Mrs S 207]

23 minutes ago, Vermyndax said:

I just got the same notice. We had a certified true copy of my wife’s passport because she is still overseas, awaiting for the visa interview (we have cleared NVC, but due to the pandemic we have no idea when the interview will take place).

 

It looks like IRS changed their rules so that they will no longer accept certified true copies of the documents and are demanding the original passport. This is a big problem for us because her passport is still overseas with her. I’m not comfortable with having her mail the passport here and submit it to IRS for an unknown period of time while we’re waiting for a visa interview to be scheduled.

 

I came here to write up a post about this very subject, so I can I’ll “me too” this post and track it.

 

Right now, I’m just formulating options - but it looks like we could:

• Mail her passport here and submit it to IRS, thereby rolling the dice on when the interviews will take place and the location of her passport at that time.
• Re-file the taxes so they are Head of Household or “married filing separately.”
• Ignore the notice, ignore the taxes, and just file them again after my wife gets here since they owe us money anyway.

We’re leaning toward options 2 and 3 right now. I’m just not comfortable with mailing the passport here, then to the IRS, then back to Philippines and pray that the interview doesn’t get scheduled.

 

I really feel like they’ve changed the ITIN rules under our noses. What’s really odd to me is that my state already processed our taxes and gave us the refund that is due to us.

 

I’ll track this discussion as we all continue to figure this out together.

 

Quote

Re-file the taxes so they are Head of Household or “married filing separately.”

 

Re-filing does not sound like a great idea as they already got a tax return from us. I can't really find anything on what will happen to that return if the W7 ends up getting rejected? 

 

https://www.irs.gov/individuals/understanding-your-cp567-notice

Quote

What happens to the tax return I sent with the application?
We'll process your return without an ITIN. You'll need to reapply for an ITIN and attach a copy of the return to your application to get a refund.

 

Do I need to file a new tax return when I reapply?
No. Just attach a copy of it to the application. Indicate it is a copy. Send the application with your paperwork to the address on the notice.

The lady I talked to on the phone (the helpful one) said since this is an application for a new ITIN they would process my return after making some changes. I don't know if I should believe her. She was friendly and helpful but that doesn't mean she know exactly what she was talking about.

 

 

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Ignore the notice, ignore the taxes, and just file them again after my wife gets here since they owe us money anyway.

 

I like this idea. The problem with this idea is, possibly no tax transcript. The people at my embassy like tax transcripts more than the tax return documents (the 1040 form does not guarantee your taxes were accepted).

 

I was worried if I would be able to file my 2020 return if something was wrong with my 2019 return. It doesn't seem like I am prohibited from filing a current year's returns if I had not filed in the past. That is not an issue. I might have have to sent a written request saying I don't want to file jointly with my foreign spouse. https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse#:~:text=If your spouse is a,must complete Form SS-5.. This is assuming the scenario where my wife is not in the country by April 2021.

 

We don't have state taxes here in Texas. The Cp566 is the first document I received from IRS since I mailed my return in March.

 

Edited July 21, 2020 by Mr and Mrs S

[Vermyndax 33]

Same. I filed our taxes in March and just got this notice.

 

It sounds like our best option is to just let them reject the W-7 and process the return without an ITIN, then file for a new ITIN after she gets here on the visa and we can safely send the original passport.

[Mr and Mrs S 207]

Just now, Vermyndax said:

Same. I filed our taxes in March and just got this notice.

 

It sounds like our best option is to just let them reject the W-7 and process the return without an ITIN, then file for a new ITIN after she gets here on the visa and we can safely send the original passport.

 

You don't need an ITIN when your spouse enters the USA. She can apply for a SSN at that point.

[Vermyndax 33]

1 minute ago, Mr and Mrs S said:

 

You don't need an ITIN when your spouse enters the USA. She can apply for a SSN at that point.

Correct... and then we just re-file the copy with the new SSN?

[Mr and Mrs S 207]

Just now, Vermyndax said:

Correct... and then we just re-file the copy with the new SSN?

Correct. If they file you as Married filing single you can amend your return using her SSN.

[Vermyndax 33]

47 minutes ago, Mr and Mrs S said:

Correct. If they file you as Married filing single you can amend your return using her SSN.

Sounds like I should just let it ride then. 

[Mr and Mrs S 207]

Just now, Vermyndax said:

Sounds like I should just let it ride then. 

 

Can't say really.

[Mr and Mrs S 207]

My wife's ITIN arrived in the mail last week. I had responded to the CP566 with two copied of her passport; one notarized by the same US consulate that notarized the copy the first time around and another certified by the Ministry of Foreign Affairs in Pakistan.

 

The documents I sent the second time around were sent back separately a few days after the ITIN arrived. The copy of the passport I sent the first time around never made it back. 

[Wuozopo 4,293]

7 hours ago, Mr and Mrs S said:

and another certified by the Ministry of Foreign Affairs in Pakistan.

I think that one did the trick.