What is an ITIN number

An ITIN a nine-digit tax processing number issued by the Internal Revenue Service to businesses for tax filings. 

By Brad Nakase, Attorney

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What is an ITIN?

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service (IRS) for companies to file their tax returns. The ITIN is a nine-digit number that always begins with the number 9 (i.e., 9XX-XX-XXXX). An ITIN number is designed for individuals who are required to have a taxpayer identification number for tax purposes but are not eligible to obtain a Social Security Number (SSN), which is typically given to U.S. citizens, permanent residents, and individuals authorized to work in the country.

An ITIN number is primarily used by non-resident aliens, foreign individuals, and certain other individuals who have tax reporting or filing obligations in the U.S. but don’t qualify for an SSN. These include:

  1. Non-Resident Aliens: Individuals who are not U.S. citizens or U.S. nationals and do not meet the criteria for permanent residency (Green Card holders) but have U.S. tax obligations.
  1. Spouses and Dependents: Non-resident alien spouses and dependents of U.S. citizens or residents who need an identification number for tax purposes.
  1. Foreign Investors: Non-resident aliens who invest in U.S. businesses or properties and generate income that is subject to U.S. taxation.
  1. Scholars and Researchers: Foreign scholars, researchers, and students who receive payments from U.S. sources, like universities, for services or grants.
  1. Non-Resident Spouse: When a non-resident alien spouse elects to be treated as a U.S. resident for tax purposes, they can apply for an ITIN to file joint tax returns.

An ITIN number is used solely for federal tax purposes. They are not intended to serve as a form of work authorization or legal residency. ITINs are formatted as a nine-digit number, typically beginning with the number 9 and formatted like XXX-XX-XXXX.

To apply for an ITIN number, an individual must submit Form W-7, Application for IRS Individual Taxpayer Identification Number, along with the required supporting documentation that verifies their identity and foreign status. Examples of such documentation include passports, visas, and other official identification documents issued by foreign governments.

It is important to note that an ITIN number is specifically for tax purposes and do not confer any immigration benefits or legal status. They allow individuals to comply with their U.S. tax obligations, report income, and claim certain tax benefits, such as filing joint tax returns with a U.S. citizen or resident spouse.

How do you apply for an ITIN number?

Applying for an Individual Taxpayer Identification Number (ITIN) is a process carefully designed to ensure accurate tax compliance while safeguarding applicant privacy. The journey to obtaining an ITIN involves several steps and options tailored to cater to diverse circumstances. Our attorney legal services for business include obtaining an ITIN number.

  1. Completing the W-7 Application Form: Applicants initiate the ITIN number application by filling out the W-7 form, which serves as the gateway to joining the ITIN number program. This form outlines essential personal and financial details that enable the IRS to process tax returns accurately.
  1. Verifying Identity and Foreign Status: To establish authenticity and eligibility, applicants are required to submit documents verifying both their identity and “foreign status.” The IRS has compiled a comprehensive list of 13 acceptable documents for this purpose, encompassing passports, visas, and other official identification papers.
  1. Application Submission: Applicants have the flexibility to choose their preferred application method. They can submit their completed W-7 form, accompanied by the necessary documents, via mail or private delivery service. While personal appearances are not mandatory, those opting for mail or delivery services must send original documents (or certified copies) to the IRS. The IRS reviews the documentation and then returns the original documents to the applicant.
  1. Assistance Agents and Certifying Acceptance Agents: Applicants can also seek assistance from Acceptance Agents (AA) or Certifying Acceptance Agents (CAA). AAs help applicants complete and file the W-7 form and also forward the applicant’s original documents to the IRS. CAAs, on the other hand, authenticate the applicant’s documents but allow the applicant to retain the originals. This option provides a level of convenience while maintaining the security of personal documentation.
  1. In-Person Application at Taxpayer Assistance Centers (TAC): For those who prefer a face-to-face interaction, the IRS offers an in-person application option through Taxpayer Assistance Centers (TAC). These centers are staffed by authorized individuals who can verify applicant documents while enabling the applicant to retain the originals.
  1. ITIN Approval and Expiry: Upon approval of the application, the IRS issues the ITIN number and sends it to the applicant via mail. It’s important to note that if an ITIN is not used on a federal tax return for three consecutive years, it will expire and need revalidation. ITIN number with a middle digit ranging from “70” to “87” are examples of expired ITINs.

The ITIN number application process represents a harmonious blend of facilitating tax compliance and respecting applicant privacy. It caters to various application preferences, ensuring that individuals can navigate the journey of tax contribution in a manner aligned with their needs and circumstances.

What are the limitations of an ITIN  number?

It is important to be aware that an ITIN number does not confer legal status or work authorization in the United States.  The primary purpose of an Individual Taxpayer Identification Number (ITIN) is to facilitate tax reporting and payment. It is issued by the Internal Revenue Service (IRS) solely for tax-related purposes, allowing individuals who do not have a Social Security Number (SSN) to fulfill their tax obligations. It is not a form of legal identification or documentation of immigration status.

An ITIN number is not designed to serve as proof of legal immigration status, permanent residency, or work authorization. It does not grant any rights or privileges beyond tax-related matters. People who have ITINs are not authorized to work in the United States based solely on having an ITIN number.

Legal immigration status and work authorization in the U.S. are determined by separate processes and agencies. Legal immigrants, refugees, asylees, and certain other categories of individuals may be eligible for Social Security Numbers (SSNs) or employment authorization documents (EADs) that grant them permission to work legally in the country.

When an individual applies for an ITIN number, the IRS verifies the applicant’s identity and foreign status to process tax returns. However, this verification is specific to tax matters and does not involve immigration status or authorization to work in the U.S.

Obtaining an ITIN number has no impact on an individual’s immigration status or their eligibility to apply for legal permanent residency (Green Card) or any other immigration benefits. It does not contribute to or hinder any immigration-related application or process.

ITIN number is often issued to individuals who are in the U.S. temporarily or who have tax responsibilities related to U.S. income, investments, or transactions. These individuals may not be eligible for permanent residency or work authorization under U.S. immigration law.

In summary, an ITIN number is a tax processing number that is issued by the IRS to allow individuals who are not eligible for a Social Security Number (SSN) to fulfill their tax obligations. It is not a form of legal documentation for immigration status or work authorization. People who have ITINs should not interpret them as granting any legal rights beyond their tax responsibilities, and they should consult with legal and tax professionals for accurate guidance on their specific situation.

What effect does ITIN number have on paying taxes?

ITIN number, or Individual Taxpayer Identification Numbers, serve as a crucial bridge for individuals who lack Social Security Numbers (SSNs) to fulfill their tax obligations in the United States. Recognized by the Internal Revenue Service (IRS), these unique nine-digit identifiers have allowed millions of individuals to contribute to the tax system since their inception. In 2015, the IRS reported that a significant 4.4 million ITIN filers collectively paid over $5.5 billion in payroll and Medicare taxes, alongside a remarkable $23.6 billion in total taxes.

Despite their utility in facilitating tax compliance, ITIN number holders encounter certain limitations in accessing tax benefits and public assistance available to U.S. citizens and other taxpayers. For instance, some key benefits like Social Security benefits and the Earned Income Tax Credit (EITC) remain beyond the reach of ITIN number holders. However, an interesting facet emerges: ITIN number holders may accrue future benefits in specific scenarios. If an ITIN number holder later becomes eligible for Social Security benefits—perhaps through obtaining lawful permanent residency—the earnings reported with their ITIN number could potentially contribute to determining the benefits they qualify for.

An intriguing exception to the limitations lies in the realm of the Child Tax Credit (CTC). A significant legislative development in March 2021 outlined an enhanced CTC structure that carries substantial implications for ITIN number holders. Under this framework, eligible ITIN holders are positioned to access this credit, which can be valued at up to $3,600 per child under the age of 6 and up to $3,000 per child aged 6 to 17, contingent on the applicant’s income. Remarkably, the positive impact of this legislation extends beyond individual ITIN number holders to encompass a broader spectrum of society. An IRS estimate from 2014 emphasized that up to 4 million U.S.-citizen children of ITIN holders stand to gain from this tax credit. It’s important to note that for children without a SSN, eligibility for this tax credit remains elusive.

In essence, ITIN number stand as an instrumental mechanism ensuring that individuals without SSNs can actively contribute to the U.S. tax system. While not conferring immigration status or work authorization, ITIN number empower taxpayers to meet their financial responsibilities, and in select cases, open doors to specific tax benefits like the Child Tax Credit. As the tax landscape evolves, ITIN number continue to play a vital role in fostering inclusivity within the U.S. tax framework.

What do ITIN number let you do?

ITIN number, or Individual Taxpayer Identification Numbers, extend their influence beyond the realm of taxation, offering individuals without Social Security Numbers (SSNs) the opportunity to engage in various financial and administrative activities. Leveraging the power of ITIN number, individuals can open interest-bearing bank accounts, navigate driver’s license requirements, and provide proof of residency when necessary.

  1. Opening an Interest-Bearing Bank Account: ITIN numberplay a pivotal role in financial inclusion, allowing individuals without SSNs to access the benefits of interest-bearing bank accounts. Recognizing the importance of financial stability and participation, many banks extend their services to ITIN numberholders. This enables them to save, invest, and manage their finances just like those with SSNs. By wielding their ITIN number, individuals can unlock a gateway to financial empowerment, fostering their economic well-being in a tangible manner.
  1. Securing a Driver’s License: The utility of ITIN number extends beyond finances, bridging the gap for individuals seeking to obtain driver’s licenses, driver’s permits, or state identification cards. In states that have recognized the value of ITIN number, they are accepted as an alternative to SSNs. This recognition acknowledges the multifaceted nature of ITIN number, embracing their potential in facilitating not only tax compliance but also essential aspects of daily life, such as transportation.
  1. Providing Proof of Residency: A crucial component of navigating immigration processes and establishing a presence in the United States is the ability to provide proof of residency. Here, ITIN number offer a unique advantage. Individuals who hold ITIN numbercan rely on their tax returns filed using these numbers as a means to demonstrate their duration of stay in the country. This showcases the foresight of utilizing ITIN numberas a multifunctional tool, aiding individuals in establishing their history in the U.S.

In essence, ITIN number transcends their original purpose of facilitating tax compliance, evolving into versatile instruments that enhance financial inclusion, support administrative needs, and provide evidence of residency. By embracing the power of ITIN number, individuals without SSNs can seamlessly participate in various aspects of American life, fostering a sense of belonging and empowerment. This underscores the significance of ITIN number as a bridge to greater accessibility, opportunities, and integration within the United States.

Does the government use ITIN number to track immigrants?

The Individual Taxpayer Identification Number (ITIN) stands as a distinctive entity within the U.S. tax framework, diverging from immigration enforcement and prioritizing taxpayer privacy. The fundamental principle underlying the ITIN number program is its focus on facilitating tax payment rather than acting as an immigration-enforcement tool. This perspective shapes not only the application process but also the broader stance on taxpayer information sharing.

Central to the ITIN number program is the assurance that the Internal Revenue Service (IRS) does not generally disseminate applicants’ private information to immigration enforcement agencies. This commitment to privacy constitutes a cornerstone of the U.S. tax system, ensuring that the program remains effective and maintains its legitimacy among taxpayers from various backgrounds.

One of the pivotal legal provisions upholding taxpayer privacy is Section 6103 of the Internal Revenue Code. This section unequivocally stipulates that the IRS is explicitly prohibited from releasing taxpayer information to other government agencies except under specific conditions. Information can be shared with the Treasury Department solely for investigations related to tax administration or under the jurisdiction of a federal court order pertaining to non-tax criminal investigations.

The critical importance of taxpayer privacy within the ITIN number program becomes evident when considering the extensive personal information that applicants provide during the application process. This private data encompasses a range of personal details and financial information, underscoring the necessity of safeguarding this information to foster trust and compliance.

Maintaining this level of privacy is not just a procedural matter; it is intrinsically linked to the success and integrity of the ITIN number program. It aligns with the core purpose of ITIN number , which is to facilitate tax compliance and reporting, regardless of an individual’s immigration status. The distinct separation between the IRS’s tax-related role and immigration enforcement allows taxpayers to fulfill their financial obligations without the fear of their information being leveraged against them in immigration matters.

Importantly, any expansion of information-sharing beyond the parameters set by Section 6103 would necessitate the enactment of new legislation. This nuanced issue often surfaces during legislative debates, emphasizing the intricate balance between fostering compliance and maintaining privacy.

In sum, the ITIN number program is purposefully designed to emphasize tax compliance and prioritize taxpayer privacy over immigration enforcement. By adhering to legal provisions that restrict information sharing and respecting the privacy of applicants, the program reinforces its role as a conduit for tax contribution, assuring individuals that their private information remains shielded and separate from immigration concerns.

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