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DAP Forums > Other Topics > Other Topics

Applying for an ITIN? I need some help.

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#1
04-23-2012, 05:20 PM
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Joined in Aug 2009
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theycallmerush
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Hello,

I was hoping to apply for an ITIN, its getting tougher and tougher without being able to apply for credit cards and having to use cash/debit for all transactions.

I tried to apply for a secured credit card with my passport number but that failed.

I know applying for an ITIN has nothing to do with your immigration status but before I apply I just wanted to know what I should put on the form so I dont get rejected. Can anyone help me fill the form out in a way which will help me get the ITIN number so I can apply for a credit card?

I have no clue what to put as the reason.

Im 24 now, I came here when I was 12. The only form of ID I have currently are my passport and my school ID's. What should I put on the forms?

I do have a job tutoring and I'm also a deejay on the weekends. I live on my own and have been since I was 18. Please let me know if any of you guys can help me with this. Thank you.
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#2
04-23-2012, 11:41 PM
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Missy22
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I asked the same question in regards to the itn number. I want to get mine done as well. So confused. Hope you get your answer.
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#3
04-24-2012, 12:22 PM
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You need two forms of ID so start there. Go to your local consulate, then go to a small income tax office. They will do your taxes as self-employed, have receipts for business expenses. They will tell you how much you have to pay, pay it, or set up a payment plan. I would start a business if I was you. Do you have a bank account?
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#4
04-25-2012, 11:21 AM
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h3wlett
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......
Last edited by h3wlett; 11-23-2019 at 02:27 PM..
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#5
04-25-2012, 12:36 PM
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There's alot of major information that h3lett has given in his post. I just had a lengthy discussion with my boss at the Accounting firm I work at. We handle a lot of tax returns and he knows quite a bit about this process.

First of all, you do not need a letter of denial from SSA, so don't worry about appying for SSN first That was a very good observation from h3lett. Unfortunately, the people who write these instructions add too many unnecessary details in it.

Secondly, the process of applying for a new ITIN involves filing an actual tax return with your social security number as all zeroes (blank basically). If you don't have a W2, you can simply show some income under Schedule C - Self-Employed Income.

With your tax return, you will be submitting FORM W-7 to apply for ITIN I believe these two documents will end up going to different locations but you don't have to worry about that. You have to attach a notarized copy of your passport as h3lett mentioned as your form of identity.

That's pretty much it. Once you send that tax return, consider it filed. You can then make arrangements with the IRS on how to actually pay your liability. Although, you will be subject to some penalties if you do it now since the tax deadline has gone. After 6-8 weeks, you will receive a letter from the IRS assigning you your new ITIN (Individual Tax Identification Number).

About those exceptions, they don't apply to people in our case. Don't worry about them. They have to do with certain individuals who are eligible for SSN. I myself am confused about them so I haven't bothered to look into them. But I do know that we don't have to worry about those.

Just go to any local Accounting office. The one I work at has mostly hispanic clients so the individuals filing these taxes are very experienced with things like this. So try to find a place like that that can do this for you at a reasonable price, not like HR Block. Bottom line is get it done as soon as possible. It is the right thing to pay taxes and these documents will help you immensely when you do apply for relief under Dream Act/CIR. Also not to mention you can apply for bank account, credit card accounts etc. I was one of the lucky ones who got their ITIN through their parents but you can do the same by applying yourself.

Quote:
Originally Posted by h3wlett View Post
So, I've pondered the same thing as I would really like to have an ITIN.

Please go to the following website: http://www.irs.gov/individuals/artic...=96287,00.html

Then download Publication 1915 from the "Forms and Publications" section near the bottom.

From my own research, I found that the best reason to put on the Form W-7 application is to check box "h" and write "Exception 1(b) - Interest Bearing Bank Deposit Account".

This exception is for "Individuals who have opened an interest bearing bank deposit account that generates income which is effectively connected with their U.S. trade or business and is subject to IRS information reporting and/or Federal tax withholding," according to page 22 of Publication 1915.

You must also present supporting documents for claiming Exception 1:

"To support Exception 1(b), submit a signed letter from the Bank on their official letterhead, displaying your name and stating that you have opened a business account which is subject to IRS information reporting and/or federal tax withholding on the interest generated during the current tax year."

Of course, upon reading the necessary supporting documents requirement, you will see that you must have opened a business account with a bank and then obtain a letter from the bank proving this.

It is quite difficult for persons in our situation to open a bank account with merely a passport and no social security number, let alone a business account. We constantly faced flawed circular reasoning. For instance, in most states, starting a business and registering taxes requires a SS# or ITIN. Hence, we can't open a business account with a bank if we don't have a registered business which would have required an ITIN (at minimum) to begin with, and ultimately can't obtain a supporting document from the bank to file for an ITIN. LOL.

There are other exceptions that may be suitable for you. There are 5 in total, which are as follows:
  1. Exception 1: Third Party Withholding on Passive Income
  2. Exception 2: Wages, Salary, Compensation and Honoraria Payments with Tax Treaty Benefits Claimed; Scholarships, Fellowships and Grants with Tax Treaty Benefits Claimed; Scholarships, Fellowships and Grants – No Tax Treaty Benefits Claimed; or Gambling Winnings with Tax Treaty Benefits Claimed
  3. Exception 3: Third Party Reporting of Mortgage Interest
  4. Exception 4: Third Party Withholding - Disposition by a Foreign Person of United States Real Property Interest
  5. Exception 5: Treasury Decision 9363

You may be wondering how so many illegal youth have ITINS. Most likely, they obtained it via there parents when they were under 18. When their parents filed taxes and tried to claim a dependent child, they were in the past (and maybe still today) able to receive an ITIN for their children.

Arguably most amusing of the whole process is that one must first apply for a Social Security Number and obtain a letter of denial from the Social Security Administration before filing for an ITIN and attach it to the Form W-7 when it is submitted to the IRS in addition to any other supporting documents.

If you do claim an exemption you will need to obtain supporting documents as well as provide notarized/certified copies of your foreign status documents (Birth Certificate or Passport).

Ultimately, I have not heard of any illegal immigrant in our position who has successfully obtained an ITIN on his/her own. Those lucky few who have one most likely obtained it when their parent's claimed them as dependents and only had to provide proof of a birth certificate for their children.


That's all I know!
Last edited by 2Face; 04-25-2012 at 01:01 PM..
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#6
04-25-2012, 01:31 PM
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h3wlett
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......
Last edited by h3wlett; 11-23-2019 at 02:28 PM..
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#7
04-25-2012, 02:00 PM
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Joined in Mar 2009
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Quote:
Originally Posted by h3wlett View Post
Thanks for the input. So basically you are suggesting that we use schedule c instead of a tax return(for those who don't have one).

Also, would you recommend choosing the option for "U.S. Resident Alien (Based on days present in the United States test) filing a U.S. tax return?" Basically, the IRS considers aliens a U.S. Resident for tax purposes if they have been in the U.S. for 31 days during the current year and 183 days for the 3-year 3-year period that includes the current year and the 2 years immediately before that.

Anyway, I'm guessing we would have to wait till sometime around next year's tax deadline to submit a w-7 form.

Also, if you attach a notarized copy of your passport, you don't need to provide any additional documents.

Anyway, thanks for the information.
I apologize I said something wrong previously. I believe those exceptions are to the requirement of submitting a US tax return. But as I said, we don't have to worry about those. You should submit a US tax return. Basically we file the same exact Form 1040 Individual Tax Return as someone with papers. Under schedule C, you tell the person doing the tax to put some dollar amount under "other income" You're going to have to put down a profession as well. This is not serious stuff. Just put something reasonable and you will be okay. Basically with the photo ID requirement, you have to prove "foreign status" and "identity" so the notarized copy of your passport is sufficient evidence. (as long as the passport is not expired). You can also submit a notarized copy of your birth certificate. Just refer to this link for more details regarding the ID requirement http://www.irs.gov/pub/irs-pdf/iw7.pdf And Yes, you would select that US Resident for Tax Purposes.
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#8
04-29-2012, 01:53 PM
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From Utah
Joined in Jan 2009
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DreamBaybeh
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Wow, this all sounds complicated! I got mine as soon as I got to the U.S., when I was 12. We just went to the IRS office and filled some forms, and it was no big deal- I think we got the ITIN numbers right there, too. Have things changed or has it always been this way?
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#9
05-01-2012, 04:41 AM
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Joined in Apr 2009
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fl_dreamer
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I got mine 3 years ago. Went to a HISPANIC tax accountant. He knew all about it and made it work with the documents I had.
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