Filing Tax Returns – Undocumented Immigrants or No Social Security Number
In our blog post, “Immigrants and Filing Tax Returns”, we discussed that if you are an undocumented immigrant or do not have a social security number, you should still file your tax returns using an Individual Taxpayer Identification Number (“ITIN”).
How do I get an ITIN?
- Option 1 – You can file Form W-7, Application for IRS Individual Taxpayer Identification Number, with your federal income tax return. You must also include original documentation or certified copies from the issuing agency to prove your identity and foreign status.
- Option 2 – You can apply for an ITIN in-person, using the services of an IRS-authorized Acceptance Agent or make an appointment at a designed IRS Taxpayer Assistance Center. This will save you from mailing your original proof of identity and foreign status documents.
When should I apply?
You can apply for an ITIN at any time during the year when you have a tax filing or reporting requirement. At the very least, you should complete Form W-7 when you timely file your federal income tax return. If the tax return attached to your Form W-7 is filed after the return’s due date, you may owe interest and/or penalties.
How long does it take?
If you qualify for an ITIN and your application is complete, IRS will issue your ITIN through the mail within 7 weeks of the date you applied. If you do not receive your ITIN within 7 weeks, call the IRS and check the status of your application.
If you have additional questions on this issue, please contact our immigration attorneys at the Law Offices of Azita M. Mojarad, P.C. We are here to help.