Enlarge image | Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ons/iw-7/202311/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 15 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form W-7 (Rev. November 2023) Application for IRS Individual Taxpayer Identification Number (Use with the August 2019 revision of Form W-7) Section references are to the Internal Revenue Code unless Expanded discussion of allowable tax benefit. Spouses and otherwise noted. dependents are not eligible for an ITIN or to renew an ITIN Contents Page unless they are claimed for an allowable tax benefit or they file Future Developments . . . . . . . . . . . . . . . . . . . . . . . . 1 their own tax return. See Allowable tax benefit, later, for more information. What’s New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Expired ITINs. If your ITIN wasn’t included on at least one U.S. federal tax return for the last 3 consecutive tax years, it will expire General Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 2 on December 31 of the third consecutive tax year, and must be Purpose of Form . . . . . . . . . . . . . . . . . . . . . . . . . 2 renewed before being used again on a U.S. federal tax return. Who Is Eligible To Complete This Form . . . . . . . . . 2 ITINs with middle digits (the fourth and fifth positions) “70,” Additional Information . . . . . . . . . . . . . . . . . . . . . 3 “71,” “72,” “73,” “74,” “75,” “76,” “77,” “78,” “79,” “80,” “81,” “82,” “83,” “84,” “85,” “86,” “87,” or “88” have expired. In addition, ITINs Supporting Documentation Requirements . . . . . . 3 with middle digits “90,” “91,” “92,” “94,” “95,” “96,” “97,” “98,” or Additional Documentation Requirements . . . . . . . 4 “99,” IF assigned before 2013, have expired. How To Apply . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 If you previously submitted a renewal application and it When To Apply . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ! was approved, you do not need to renew again. Where To Apply . . . . . . . . . . . . . . . . . . . . . . . . . 6 CAUTION Otherwise, see How To Apply, later, for more Specific Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 6 information. Application Type . . . . . . . . . . . . . . . . . . . . . . . . . 6 Information returns. If your ITIN is only being used on Reason You’re Submitting Form W-7 . . . . . . . . . . 6 information returns for reporting purposes, you don’t need to Line Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 8 renew your ITIN at this time. However, in the future, if you need to use the ITIN to file a U.S. federal tax return, you will need to Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 renew the ITIN at that time. Exceptions Tables . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Dependent applicants must specify their relationship to the U.S. citizen/resident alien. An applicant who chooses Future Developments reason d must enter the relationship he or she has to the U.S. For the latest information about developments related to Form citizen/resident alien in the designated space on Form W-7. W-7 and its instructions, such as legislation enacted after they The passport isn’t a stand-alone document for certain de- were published, go to IRS.gov/FormW7. pendents if no date of entry into the United States is present. A passport that doesn’t have a date of entry into the What’s New United States won’t be accepted as a stand-alone identification document for certain dependents. See Proof of U.S. residency Conversion to generic dates. We converted specific dates to for applicants who are dependents under Supporting generic dates wherever possible so these instructions would Documentation Requirements, later, for more information. remain applicable even in years when they aren’t updated. Change of address. It’s important that the IRS is aware of your Line 1a. We clarify that you should properly identify your full current mailing address. This address is used to mail notices name. about your Form W-7, including notification of your assigned ITIN, and return your original supporting documentation. If you move before you receive your ITIN, notify us of your current Reminders mailing address immediately, so we may update our records. You Renewal applications. All Form W-7 renewal applications must may send a letter to the IRS using the address under Where To include a U.S. federal tax return unless you meet an exception to Apply, later. the requirement. See Exceptions Tables, later, for more information. Nov 1, 2023 Cat. No. 54092G |
Enlarge image | Page 2 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. authorize employment or if you have been issued an SSN that General Instructions authorizes employment and you lose your employment authorization. An ITIN will not be issued to you once you have What’s an ITIN. An ITIN is a nine-digit number issued by the been issued an SSN. If you received your SSN after previously IRS to individuals who are required for federal tax purposes to using an ITIN, stop using your ITIN. Use your SSN instead. have a U.S. taxpayer identification number but who don’t have and aren’t eligible to get a social security number (SSN). Allowable tax benefit. For tax years after December 31, 2017, spouses and dependents are NOT eligible for an ITIN or to Purpose of Form renew an ITIN unless they are claimed for an allowable tax Use Form W-7 for the following purposes. benefit or they file their own tax return. Spouses and dependents • To apply for a new ITIN. Individuals applying for an ITIN must be listed on an attached U.S. federal tax return and include must include a U.S. federal tax return unless they meet an the schedule or form that applies to the allowable tax benefit. An exception, and the required documentation. allowable tax benefit includes a spouse filing a joint return, head • To renew an ITIN. An ITIN only needs to be renewed if it’ll be of household (HOH) American opportunity tax credit (AOTC), , included on a U.S. federal tax return and it’s expired. Individuals premium tax credit (PTC) child and dependent care credit , renewing an ITIN must include a U.S. federal tax return unless (CDCC) , or credit for other dependents (ODC). they meet an exception, and the required documentation. See Head of household (HOH). If Form W-7 is submitted to How To Apply, later, for more information on how to renew your claim the HOH filing status, then an attached tax return that lists ITIN. the applicant as a dependent is required. Dependent applicants must be your qualifying children or qualifying relatives and must If your ITIN is only used on information returns filed with either: ! the IRS by third parties, you don’t have to renew your • Have lived with you for more than half the year (including CAUTION ITIN even if the ITIN has expired for purposes of filing a temporary absences), or U.S. federal tax return. However, in the future, if you file an • Be your parent. income tax return, you will need to renew your ITIN at that time. See Pub. 501 for more information. The ITIN is for federal tax purposes only. An ITIN doesn’t An ITIN will not be assigned or renewed for an HOH entitle you to social security benefits and doesn’t change your ! qualifying person who is not also claimed as a immigration status or your right to work in the United States. CAUTION dependent on an attached tax return. The ITIN can’t be used to claim certain federal tax credits. American opportunity tax credit (AOTC). If Form W-7 is Individuals filing tax returns using an ITIN aren’t eligible for the submitted to claim the AOTC, then an attached tax return and earned income credit (EIC). Also, a child who has an ITIN can’t Form 8863 that list the applicant are required. Dependent be counted as a qualifying child in figuring the amount of the EIC. applicants must be qualifying children or qualifying relatives of For more information, see Pub. 596, Earned Income Credit the taxpayer who claims the AOTC. See Pub. 970 for more (EIC). Also, for tax years 2018 through 2025, a child who has an information. ITIN can’t be claimed as a qualifying child for purposes of the Premium tax credit (PTC). If Form W-7 is submitted to claim child tax credit and the additional child tax credit. For more the PTC, then an attached tax return that lists the applicant and information, see Schedule 8812 (Form 1040), Credits for Form 8962 are required. See Pub. 974 for more information. Qualifying Children and Other Dependents, and its instructions. Child and dependent care credit (CDCC). If Form W-7 is If an ITIN is applied for on or before the due date of a return submitted to claim the CDCC, then an attached tax return and (including extensions) and the IRS issues an ITIN as a result of Form 2441 that list the applicant as a qualifying person are the application, the IRS will consider the ITIN as issued on or required. See Pub. 503 for more information. before the due date of the return. See the instructions for your Credit for other dependents (ODC). If Form W-7 is U.S. federal tax return for more information. submitted to claim the ODC, the applicant must be listed on an The ITIN may not be required for an electing small busi- attached tax return with the “Credit for other dependents” box ness trust (ESBT) election. A nonresident alien who is a checked next to their name. Dependent applicants must be your potential current beneficiary of an ESBT and who is not qualifying children or qualifying relatives who are U.S. residents otherwise required to have a taxpayer identification number for or U.S. nationals. See Schedule 8812 (Form 1040) and its U.S. tax purposes does not need a taxpayer identification instructions for more information. number to make a valid ESBT election. Who Is Eligible To Complete This Social security numbers. Don’t complete Form W-7 if you have an SSN or if you’re eligible to get an SSN. You’re eligible for Form an SSN if you’re a U.S. citizen or if you’ve been admitted by the The following individuals are eligible to complete Form W-7. United States for permanent residence or U.S. employment. 1. Any individual who isn’t eligible to get an SSN but who To get an SSN, see Form SS-5, Application for a Social must furnish a taxpayer identification number for U.S. tax Security Card. To get Form SS-5 or to find out if you’re eligible to purposes or to file a U.S. federal tax return must apply for an ITIN get an SSN, go to SSA.gov or contact a Social Security on Form W-7. Examples include the following. Administration (SSA) office. • A nonresident alien individual claiming reduced withholding If you have an application for an SSN pending, don’t file Form under an applicable income tax treaty for which an ITIN is W-7. Complete Form W-7 only if the SSA notifies you that you’re required (see Regulations section 1.1441-1(e)(4)(vii)(A)). Also ineligible for an SSN. see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. If the SSA determines that you’re not eligible for an SSN, you A nonresident alien individual not eligible for an SSN who is must get a letter of denial and attach it to your Form W-7. This • required to file a U.S. federal tax return or who is filing a U.S. applies whether you’re attaching Form W-7 to your U.S. federal federal tax return only to claim a refund. tax return or not. However, students, professors, and A nonresident alien individual not eligible for an SSN who researchers, see information for box f, later. • elects to file a joint U.S. federal tax return with a spouse who is a Once you are issued an SSN, use it to file your tax return. Use U.S. citizen or resident alien. See Pub. 519, U.S. Tax Guide for your SSN to file your tax return even if your SSN does not Aliens. -2- Instructions for Form W-7 (Rev. November 2023) |
Enlarge image | Page 3 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • A U.S. resident alien (based on the number of days present in 1. You must submit documentation to establish your identity the United States, known as the “substantial presence” test) who and your connection to a foreign country (“foreign status”). files a U.S. federal tax return but who isn’t eligible for an SSN. Applicants claimed as dependents must also prove U.S. For information about the substantial presence test, see Pub. residency unless the applicant is from Canada or Mexico or the 519. applicant is a dependent of U.S. military personnel stationed • A nonresident alien student, professor, or researcher who is overseas. required to file a U.S. federal tax return but who isn’t eligible for 2. You must submit original documents, or certified copies of an SSN, or who is claiming an exception to the tax return filing these documents from the issuing agency, that support the requirement. See Pub. 519. information provided on Form W-7. A certified copy of a • An alien spouse claimed as an exemption on a U.S. federal document is one that the original issuing agency provides and tax return who isn’t eligible to get an SSN. See Pub. 501, certifies as an exact copy of the original document and contains Dependents, Standard Deduction, and Filing Information, and an official stamped seal from the agency. You may be able to Pub. 519. request a certified copy of documents at an embassy or A spouse can be claimed as an exemption only for tax consulate. However, services may vary between countries, so it’s recommended that you contact the appropriate consulate or CAUTION ! years prior to 2018. embassy for specific information. • An alien individual eligible to be claimed as a dependent on a Original documents you submit will be returned to you at U.S. federal tax return but who isn’t eligible to get an SSN. Your TIP the mailing address shown on your Form W-7. You don’t spouse is never considered your dependent. For more need to provide a return envelope. Applicants are information about whether an alien individual is eligible to be permitted to include a prepaid Express Mail or courier envelope claimed as a dependent on a U.S. federal tax return, see Pubs. for faster return delivery of their documents and to ensure the 501 and 519. secure delivery of valuable documents, such as passports. The Dependents can be claimed as exemptions only for tax IRS will then return the documents in the envelope provided by the applicant. If your original documents aren’t returned within 60 ! years prior to 2018. days, you can call the IRS (see Telephone help, earlier). If you CAUTION • A dependent/spouse of a nonresident alien U.S. visa holder will need your documents for any purpose within 60 days of who isn’t eligible for an SSN. See Pub. 519. submitting your ITIN application, you may wish to apply in person at an IRS Taxpayer Assistance Center or a CAA. See Where To Dependents and spouses can be claimed as exemptions Apply, later. ! only for tax years prior to 2018. CAUTION 3. The documentation you provide must be current (that is, not expired). Note. The deduction for personal exemptions was suspended for tax years 2018 through 2025. For tax years beginning after There are 13 acceptable documents, as shown in the 2017, spouses or dependents aren’t eligible for an ITIN, unless following table. At least one document must contain your they are claimed for an allowable tax benefit. The individual must photograph, unless you’re a dependent under age 14 (under age be listed on an attached U.S. federal tax return with the schedule 18 if a student). You may later be required by the IRS to provide a or form that applies to the allowable tax benefit. See the certified translation of foreign-language documents. instructions for your U.S. federal tax return for more information. 2. Persons who must renew their ITIN to file a U.S. federal tax return. See Renewal of an existing ITIN under How To Apply, later. Additional Information For more information, visit IRS.gov/ITIN. Publications. See Pubs. 501, 515, 519, and 1915 for more information. You can visit IRS.gov/Forms to download these publications as well as other forms at no cost. Otherwise, you can go to IRS.gov/OrderForms to order current and prior-year forms and instructions. Your order should be mailed to you within 10 business days. You can also call 800-TAX-FORM (800-829-3676) if you’re in the United States to order forms and publications. Telephone help. If, after reading these instructions and our free publications, you’re not sure how to complete your application or have additional questions, call 800-829-1040 if you’re in the United States. If you’re outside of the United States, call 267-941-1000 (not a toll-free number) for assistance. Supporting Documentation Requirements Whether you are applying for a new ITIN or renewing an existing ITIN, you must provide documentation that meets the following requirements. Instructions for Form W-7 (Rev. November 2023) -3- |
Enlarge image | Page 4 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Can be used to table that prove residency, identity, and foreign status, and that establish: meet the photograph requirement explained earlier. Supporting Documentation Foreign Identity Additional Documentation Requirements status Civil birth certificate. An original birth certificate is required Passport (the only stand-alone document*) x x if the applicant is under age 18 and hasn’t provided a valid U.S. Citizenship and Immigration Services (USCIS) passport. Civil birth certificates are considered current at all photo identification x x times because they don’t contain an expiration date. Visa issued by the U.S. Department of State x x Passports and national identification cards. These documents will be considered current only if their expiration date U.S. driver’s license x hasn’t passed prior to the date the Form W-7 is submitted. U.S. military identification card x Note. Certified copies of a passport from the issuing agency Foreign driver’s license x must include the U.S. visa pages if a visa is required for your Foreign military identification card x x Form W-7 application. National identification card (must contain name, Medical records. Medical records will be accepted for photograph, address, date of birth, and expiration date) x x dependents under 6 years of age. A medical record consists only of a shot/immunization record that documents the patient's U.S. state identification card x name and chronological dates of the patient's medical history Foreign voter’s registration card x x and care. The medical record must contain the child’s name, Civil birth certificate x** x date of birth, and verifiable address. Shot/immunization records will be accepted only if they document the applicant’s name and Medical records (valid only for dependents under age 6) x** x chronological dates of the applicant’s medical history and care. School records (valid only for a dependent under age In addition, the medical record must document the name, 18, if a student) x** x address, and phone number of the doctor, hospital, or clinic * Applicants claimed as dependents who need to prove U.S. residency must where treatment was last administered. If this information isn’t provide additional original documentation if the passport doesn’t have a date printed on the medical record, the medical record must be of entry into the United States. See Proof of U.S. residency for applicants who accompanied by a dated letter providing the required information are dependents below. on official letterhead from the federal authority, physician, ** May be used to establish foreign status only if documents are foreign. hospital, or clinic that administered the latest care of the child. The medical record must be dated no more than 12 months before the date of the Form W-7 application. If the passport doesn’t have a date of entry into the United States, the medical If you submit an original valid passport or a certified copy from record must be from a U.S. facility, unless the applicant is a the issuing agency, you don’t need to submit any other dependent of U.S. military personnel stationed overseas or is documents from the table, unless the passport is for a from Canada or Mexico and the applicant is claimed for an dependent and it doesn’t include a date of entry into the United allowable tax benefit. States. School records. School records will be accepted only if they Proof of U.S. residency for applicants who are are for a school term ending no more than 12 months from the dependents. A passport that doesn’t have a date of entry into date of the Form W-7 application. The school record must the United States won’t be accepted as a stand-alone consist of an official report card or transcript issued by the identification document for dependents, unless they are from school or the equivalent of a Ministry of Education. The school Canada or Mexico, or are dependents of U.S. military personnel record must also be signed by a school official or ministry stationed overseas. In these cases, applicants will be required to official. The record must be dated and contain the student’s submit at least one of the following original documents in name, coursework with grades (unless under age 6), date of addition to the passport to prove U.S. residency. grading period(s) (unless under age 6) for a term ending no more • If under 6 years of age: A U.S. medical record, U.S. school than 12 months from the date of the Form W-7 application, and record, or U.S. state identification card that lists the applicant’s school name and address. If the passport doesn’t have a date of name and U.S. address, or a U.S. visa. entry into the United States, the school record must be from a • If at least 6 years of age but under 18 years of age: A U.S. U.S. facility, unless the applicant is a dependent of U.S. military school record, U.S. state identification card or driver’s license personnel stationed overseas or is from Canada or Mexico and that lists the applicant’s name and U.S. address, or a U.S. visa. the applicant is claimed for an allowable tax benefit. • If 18 years of age or older: A U.S. school record, rental statement from a U.S. property, utility bill for a U.S. property, or a How To Apply U.S. bank statement, U.S. state identification card or driver’s Follow the guidelines below if you’re applying for a new ITIN or license that lists the applicant’s name and U.S. address, or a renewing an existing ITIN. U.S. visa. For your convenience, you can access fillable Form W-7 If you check box d for a dependent of a U.S. citizen or at IRS.gov/pub/irs-pdf/fw7.pdf, complete, print, then sign resident alien, then you may submit an original valid passport (or TIP the Form W-7. a certified copy from the issuing agency) without any other documents to prove your “foreign status” or “identity” only if the passport has a date of entry into the United States. Otherwise, Note. Keep a copy of your application for your records. you must submit one of the additional documents listed earlier in Applying for an ITIN for the first time. If you’ve never had an the “Supporting Documentation” table with your passport to ITIN before and are submitting an application for a new ITIN, prove residency. If you don’t have one of the additional include the following in your Application Package. documents listed earlier in the “Supporting Documentation” table to submit with your passport, you can’t use your passport as a 1. Your completed Form W-7. stand-alone supporting document and must submit at least two types of documents listed in the “Supporting Documentation” -4- Instructions for Form W-7 (Rev. November 2023) |
Enlarge image | Page 5 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Note. If you submit a Form W-7, all future ITIN notices and • Have the officers at U.S. embassies and consulates overseas correspondence that you receive will be in English. If you prefer provide certification and authentication services. Contact the to receive them in Spanish, submit Form W-7(SP). Consular Section, American Citizens Services of the U.S. 2. Your original tax return(s) for which the ITIN is needed. Embassy or Consulate in advance to determine the hours of Attach Form W-7 to the front of your tax return. If you’re applying operation for these services. for more than one ITIN for the same tax return (such as for a Deceased taxpayers. When requesting an ITIN for a deceased spouse or dependent(s)), attach all Forms W-7 to the same tax taxpayer, the deceased must meet all of the requirements return. Leave the area of the SSN blank on the tax return for established to get an ITIN. Also, you must write “Deceased” and each person who is applying for an ITIN. After your Forms W-7 the date of death across the top of the Form W-7 and include the have been processed, the IRS will assign an ITIN to the return documentation shown in the following chart. and process the return. There are exceptions to the requirement to include a IF you’re: THEN you must include: TIP U.S. federal tax return. If you claim one of these exceptions, you must submit the documentation required The surviving spouse • Form W-7, filing an original or • A U.S. individual income tax return, and instead of a tax return. See Exceptions Tables, later. amended joint return with • Documentation substantiating the identity 3. Original documents, or certified copies of these their deceased spouse and foreign status of the deceased. documents from the issuing agency, required to support the The court-appointed • Form W-7, information provided on Form W-7. The required supporting executor or administrator • A U.S. individual income tax return, documentation must be consistent with each applicant’s of the deceased’s estate • Documentation substantiating the identity information provided on Form W-7. For example, the name, date filing an original tax return and foreign status of the deceased*, and on behalf of the deceased of birth, and country(ies) of citizenship shown in the • A court certificate showing your appointment. documentation must be the same as on Form W-7, lines 1a, 1b, Neither the surviving • Form W-7, 4, and 6a. See Supporting Documentation Requirements, spouse nor the • A U.S. individual income tax return, earlier, for a list of the documents to be submitted with your court-appointed executor • Documentation substantiating the identity application package. or administrator of the and foreign status of the deceased*, deceased’s estate • Form 1310 (if a refund is due), and Renewal of an existing ITIN. If your ITIN has expired and the • A copy of the certificate of death. ITIN will be included on a U.S. federal tax return, follow the * If Form W-7 is for a deceased individual under 18 years of age, one of the guidelines below to submit your renewal application. If your ITIN documents proving identity, foreign status, and/or U.S. residency must be a won’t be included on a U.S. federal tax return, you don’t need to birth certificate, unless a passport with a date of entry into the United States is renew your ITIN at this time. submitted. If you don’t renew the expired ITIN and you file a ! U.S. federal tax return with the expired ITIN, there ITIN not needed for Forms 4868, 1040-ES, or 1040-ES (NR). CAUTION may be a delay in processing your tax return. If you’re filing an application for an extension of time to file using Include the following in your Renewal Application Package. Form 4868, or making an estimated tax payment using Form 1040-ES or Form 1040-ES (NR), don’t file Form W-7 with those 1. Your completed Form W-7. You must check a check box forms. Enter “ITIN TO BE REQUESTED” wherever your SSN or in the Application type box at the top of page 1 indicating the ITIN is requested. An ITIN will be issued only after you file a tax reason you’re completing the Form W-7 even if you’re applying to return and meet all other requirements. renew your ITIN. 2. Your original tax return(s) you’re filing, and on which the If you attached your tax return to your Form W-7, leave ITIN is listed. Attach Form W-7 to the front of your tax return. If ! the area of the SSN blank on the new tax return for each you’re renewing more than one ITIN for the same tax return CAUTION person who is applying for an ITIN. (such as for a spouse or dependent(s)), attach all Forms W-7 to the same tax return. After your Forms W-7 have been processed, When To Apply the IRS will process the return. First-time ITIN applications. If you’re applying for a new ITIN, 3. Original documents, or certified copies of these complete and attach Form W-7 to the front of your tax return and documents from the issuing agency, required to support the file your application package with your tax return for which the information provided on Form W-7. The required supporting ITIN is needed on or before the due date for the return. If you’re documentation must be consistent with each applicant’s unable to file your tax return by the due date, you must file an information provided on Form W-7. For example, the name, date application for an extension of time to file by the due date of the of birth, and country(ies) of citizenship shown in the return. Failure to timely file the tax return with a complete Form documentation must be the same as on Form W-7, lines 1a, 1b, W-7 and required documentation may result in the denial of 4, and 6a. See Supporting Documentation Requirements, refundable credits, such as the additional child tax credit earlier, for a list of the documents to be submitted with your (available for tax years prior to 2018) and the American renewal application package. opportunity tax credit, if you otherwise qualify. Don’t file your tax Spouses and dependents who renew their ITIN to be return without Form W-7 and required documentation. ! claimed for an allowable tax benefit must be listed on an If you meet one of the exceptions described in Exceptions CAUTION attached U.S. federal tax return with the schedule or Tables at the end of these instructions, you may complete and form that applies to the allowable benefit or, in the case of the submit Form W-7 at any time. credit for other dependents, the box next to their name must be checked on the attached tax return. You can’t electronically file (e-file) a return using an ITIN in the calendar year the ITIN is assigned. If you need to Certified copies. You can submit copies of original documents CAUTION! file multiple-year returns, you can attach them all to your if you do any of the following. Form W-7 and submit them to the IRS using one of the methods • Have the copies certified by the issuing agency. described later in Where To Apply. Once your ITIN is assigned, you can e-file returns in the following years. For example, if you Instructions for Form W-7 (Rev. November 2023) -5- |
Enlarge image | Page 6 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. apply for and receive an ITIN this year, you may not e-file any tax Acceptance Agent (AA). An AA can help you complete and return using that ITIN (including prior-year returns) until next file Form W-7. To get a list of agents, visit IRS.gov and enter year. “acceptance agent program” in the search box. An AA will need to submit original documentation or certified copies of the Renewal ITIN applications. If you’re renewing an existing ITIN, documentation from the issuing agency to the IRS for all you must submit your Form W-7 renewal application with your applicants. U.S. federal tax return using one of the methods described below Certifying Acceptance Agent (CAA). A CAA can verify in Where To Apply. Spouses and dependents who renew their original documentation and certified copies of the ITIN must be listed on an attached U.S. federal tax return with documentation from the issuing agency for primary and the schedule or form that applies to the allowable tax benefit. If secondary applicants and their dependents, except for foreign you don’t renew your expired ITIN and you file a U.S. federal tax military identification cards. For dependents, CAAs can only return with the expired ITIN, there may be a delay in processing verify passports and birth certificates. The CAA will return the your tax return. documentation immediately after reviewing its authenticity. Where To Apply Processing times. Allow 7 weeks for the IRS to notify you of your ITIN application status (9 to 11 weeks if you submit the By mail. Mail Form W-7, your tax return (if applicable) or other application during peak processing periods (January 15 through documents required by an exception, and the documentation April 30) or if you’re filing from overseas). If you haven’t received described under Supporting Documentation Requirements, your ITIN or correspondence at the end of that time, you can call earlier, to: the IRS to find out the status of your application (see Telephone help, earlier). Internal Revenue Service ITIN Operation P.O. Box 149342 Specific Instructions Austin, TX 78714-9342 If you’re completing this form for someone else, answer the questions as they apply to that individual. If you mail your application, don’t use the mailing ! address in the instructions for your tax return (for Application Type CAUTION example, Form 1040-NR). Your tax return will be Check the applicable box to indicate if you’re: processed after it is mailed as part of your application package to the address in these instructions. 1. a first-time applicant applying for a new ITIN, or 2. seeking to renew an ITIN that you already have. By private delivery services. If you use a private delivery If you check Renew an existing ITIN, you must answer the service, submit your Form W-7, your tax return (if applicable) or question on line 6e and include your ITIN information on line 6f. other documents required by an exception, and the See the instructions for lines 6e and 6f for more information. documentation described under Supporting Documentation Requirements, earlier, to: Reason You’re Submitting Form W-7 Internal Revenue Service You must check the box to indicate the reason you’re ITIN Operation completing Form W-7 even if you’re applying to renew your Mail Stop 6090-AUSC ITIN. If more than one box applies to you, check the box that 3651 S. Interregional, Hwy 35 best explains your reason for submitting Form W-7. A selection Austin, TX 78741-0000 must be made in this section. The private delivery service can tell you how to get written Note. If you check box a or f, then box h may also be checked. If proof of the mailing date. applicable, you must also enter the treaty country and treaty article. For more information on treaties, see Pub. 901, U.S. Tax In person. You can apply for your ITIN by visiting designated Treaties. IRS Taxpayer Assistance Centers (TACs). They can verify original documentation and certified copies of the a. Nonresident alien required to get an ITIN to claim tax documentation from the issuing agency for primary and treaty benefit. Certain nonresident aliens must get an ITIN to secondary applicants and their dependents. For dependents, claim certain tax treaty benefits even if they don’t have to file a TACs can verify passports, national identification cards, and birth U.S. federal tax return. If you check this box to claim the benefits certificates. These documents will be returned to you of a U.S. income tax treaty with a foreign country, also check box immediately. Service at TACs is by appointment only. h. On the dotted line next to box h, enter the appropriate Appointments can be scheduled by calling 844-545-5640. See designation for Exception 1 or 2, whichever applies (see IRS.gov/W7DocumentVerification for a list of designated TACs Exception 1 and Exception 2, later). Identify the exception by its that offer ITIN document authentication service. TACs that don’t number, alpha subsection, and category under which you’re offer ITIN document authentication service will mail the original applying (for example, enter “Exception 1d-Pension Income” or documents, Form W-7, and the tax return to the IRS Austin “Exception 2d-Gambling Winnings”). Also, enter the name of the Service Center for processing. treaty country and treaty article number in the appropriate entry spaces below box h and attach the documents required under Through an acceptance agent. You can also apply through whichever exception applies. For more details on tax treaties, one of the two types of acceptance agents authorized by the see Pub. 901. IRS. b. Nonresident alien filing a U.S. federal tax return. This 1. Acceptance Agent (AA). category includes: 2. Certifying Acceptance Agent (CAA). • A nonresident alien who must file a U.S. federal tax return to report income effectively or not effectively connected with the Note. AAs and CAAs are available both domestically and conduct of a trade or business in the United States, and abroad. • A nonresident alien who is filing a U.S. federal tax return only to get a refund. See Pub. 519. -6- Instructions for Form W-7 (Rev. November 2023) |
Enlarge image | Page 7 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If you choose reason b, you must provide a complete If you’re applying for an ITIN under this category, you must ! foreign address on line 3. provide the full name and SSN or ITIN of the U.S. citizen/ CAUTION resident alien. Enter the information on the dotted line in the space provided. c. U.S. resident alien (based on days present in the United States) filing a U.S. federal tax return. A foreign individual A spouse can be claimed as a personal exemption only living or present in the United States for a certain number of days ! for tax years prior to 2018. (that is, meeting the test known as the “substantial presence” CAUTION test) who doesn’t have permission to work from the USCIS, and f. Nonresident alien student, professor, or researcher filing is ineligible for an SSN, may still be required to file a U.S. federal a U.S. federal tax return or claiming an exception. This is an tax return. These individuals must check this box and include a individual who hasn’t abandoned his or her residence in a date of entry into the United States on line 6d. For information foreign country and who is a bona fide student, professor, or about the substantial presence test, see Pub. 519. researcher coming temporarily to the United States solely to d. Dependent of U.S. citizen/resident alien. This is an attend classes at a recognized institution of education, to teach, individual who can be claimed as a dependent on a U.S. federal or to perform research. For more information about the U.S. tax tax return and isn’t eligible to get an SSN. Your spouse is never rules that apply to foreign students, professors, or researchers, considered your dependent. See Pubs. 501 and 519. see Pub. 519. Dependents of U.S. military personnel can submit original If you check this box, you must complete lines 6a, 6c, 6d, and documents, certified copies or notarized copies of identification 6g, and provide your passport with a valid U.S. visa. No U.S. visa documents. A copy of the servicemember’s U.S. military ID will needs to be provided if the foreign address is Canada, Mexico, be required or the applicant must be applying from an overseas or Bermuda. If you’re present in the United States on a APO/FPO address. A copy of the servicemember’s U.S. military work-related visa (F-1, J-1, or M-1), but won’t be employed (that ID is required to be included with the application if the is, your presence in the United States is study related), you can documents are notarized. choose to attach a letter from the Designated School Official If you’re applying for an ITIN under this category, you must (DSO) or Responsible Officer (RO) instead of applying to the provide the relationship (for example, parent, child, grandchild, SSA for an SSN. The letter must clearly state that you won’t be etc.) of the dependent to the U.S. citizen/resident alien. Enter the securing employment while in the United States and your information on the dotted line in the space provided. presence here is solely study related. This letter can be Also, if you’re applying for an ITIN under this category, you submitted instead of a Social Security Administration denial must provide the full name and SSN or ITIN of the U.S. citizen/ letter if you’re filing a tax return with this Form W-7 or claiming resident alien. Enter the information on the dotted line in the Exception 2 (explained later). space provided and include a date of entry into the United States Nonresident alien students and exchange visitors, their on line 6d, unless the applicant is a dependent of U.S. military spouses, and dependents under the Student Exchange Visitors personnel stationed overseas or is from Canada or Mexico and Program (SEVP) claiming Exception 2 (no tax return attached) the applicant is claimed for an allowable tax benefit. can have their original ID certified by an SEVP-approved institution, rather than mailing originals to the IRS. These are Note. If you live abroad and requested an adoption taxpayer individuals admitted to the United States under an F, J, or M visa identification number (ATIN) for a foreign child you adopted or who receive taxable scholarships, fellowships, or other grants. who has been legally placed in your home pending adoption and If you check this box to claim an exception under the benefits that request was denied, your dependent may be eligible for an of a U.S. income tax treaty with a foreign country, also check box ITIN. When submitting your Form W-7, make sure that you h. On the dotted line next to box h, enter the appropriate include a copy of the legal documents verifying your relationship designation for Exception 2, explained later. Identify the to the child. exception by its number, alpha subsection, and category under Dependents can be claimed as personal exemptions which you’re applying (for example, enter “Exception 2b-Scholarship Income and claiming tax treaty benefits” or ! only for tax years prior to 2018. However, the credit for CAUTION other dependents (ODC) for your child and other “Exception 2c-Scholarship Income”). Also, enter the name of the qualifying relatives (excluding your spouse) who live in the treaty country and the treaty article number in the appropriate United States may be available. See the instructions for your entry spaces below box h (if applicable) and attach the U.S. federal tax return for more information. documents required under Exception 2. g. Dependent/spouse of a nonresident alien holding a U.S. e. Spouse of U.S. citizen/resident alien. This category visa. This is an individual who can be claimed as a dependent includes: for any tax year, or is a spouse on a U.S. federal tax return for a • A resident or nonresident alien spouse who isn’t filing a U.S. tax year before 2018, who is unable, or not eligible, to get an federal tax return (including a joint return) and who isn’t eligible SSN, and who has entered the United States with a nonresident to get an SSN but who, as a spouse, is claimed as an exemption; alien who holds a U.S. visa. If you apply for an ITIN under this and category, remember to attach a copy of your visa to your Form • A resident or nonresident alien spouse who isn’t eligible to get W-7 and include a date of entry into the United States on line 6d. an SSN but who is electing to file a U.S. federal tax return jointly with a spouse who is a U.S. citizen or resident alien. For more Dependents and spouses can be claimed as personal information about this category, see Pubs. 501 and 519. ! exemptions only for tax years prior to 2018. CAUTION Spouses of U.S. military personnel can submit original documents, certified copies, or notarized copies of identification h. Other. If the reason for your ITIN request isn’t described in documents. A copy of the servicemember’s U.S. military ID will boxes a through g, check this box. Describe in detail your reason be required or the applicant must be applying from an overseas for requesting an ITIN and attach supporting documents. APO/FPO address. A copy of the servicemember’s U.S. military ID is required to be included with the application if the Frequently, third parties (such as banks and other financial documents are notarized. institutions) that are subject to information-reporting and withholding requirements will request an ITIN from you to enable them to file information returns required by law. If you’re Instructions for Form W-7 (Rev. November 2023) -7- |
Enlarge image | Page 8 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. requesting an ITIN for this reason, you may be able to claim one • Form 8288-A, Statement of Withholding on Certain of the exceptions described later. Enter on the dotted line next to Dispositions by Foreign Persons. box h the exception that applies to you. Identify the exception by • Form 8288-B, Application for Withholding Certificate for its number, alpha subsection (if applicable), and category under Dispositions by Foreign Persons of U.S. Real Property Interests. which you’re applying (for example, enter “Exception Exception 5. Treasury Decision (T.D.) 9363. This exception 1a-Partnership Income” or “Exception 3-Mortgage Interest”). may apply if you have an IRS reporting requirement as a Examples of completed Forms W-7 for “Exceptions” can be non-U.S. representative of a foreign corporation who needs to found in Pub. 1915. You won’t need to attach a tax return to your obtain an ITIN for the purpose of meeting their e-filing Form W-7. requirement under T.D. 9363 and you are submitting Form W-7. Exception 1. Passive income—third-party withholding or See Exceptions Tables, later, for more details on Exception 5. tax treaty benefits. This exception may apply if you’re the If you’re applying for an ITIN under this exception, enter recipient of partnership income, interest income, annuity income, “Exception 5, T.D. 9363” on the dotted line next to box h. rental income, or other passive income that’s subject to third-party withholding or covered by tax treaty benefits. See Line Instructions Exceptions Tables, later, for more details on Exception 1. Enter “N/A” (not applicable) on all sections of each line that don’t Information returns applicable to Exception 1 may include the apply to you. Don’t leave any section blank. For example, line 4 following. should have three separate entries. • Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding. Line 1a. Enter your legal name on line 1a as it appears on your • Form 1099-INT, Interest Income. identifying documents. Be sure to properly identify your first, • Form 1099-MISC, Miscellaneous Information. middle, and last names. This entry should reflect your name as • Form 8805, Foreign Partner’s Information Statement of it’ll appear on a U.S. federal tax return. Section 1446 Withholding Tax. • Schedule K-1 (Form 1065), Partner’s Share of Income, Note. If you’re renewing your ITIN and your legal name has Deductions, Credits, etc. changed since the original assignment of your ITIN, you’ll need to submit documentation to support your legal name change, Applicants receiving compensation for personal services such as your marriage certificate or a court order, which may ! performed in the United States, or issued a U.S. visa include a divorce decree. Attach supporting documentation to CAUTION that’s valid for employment, should first apply for an SSN Form W-7. with the SSA. Unless you’re denied an SSN by the SSA and attach the denial letter to your Form W-7, you aren’t eligible for Your ITIN will be established using this name. If you don’t an ITIN. ! use this name on the U.S. federal tax return, the CAUTION processing of the U.S. federal tax return may be delayed. If you’re required to file a federal tax return, then you Line 1b. Enter your name as it appears on your birth certificate ! aren’t eligible for Exception 1. if it’s different from your entry on line 1a. CAUTION Exception 2. Other income. This exception may apply if: Line 2. Enter your complete mailing address on line 2. This is 1. You’re claiming the benefits of a U.S. income tax treaty the address the IRS will use to return your original documents with a foreign country and you receive any of the following. and send written notification of your ITIN application status. a. Wages, salary, compensation, and honoraria payments; The IRS won’t use the address you enter to update its records for other purposes unless you include a U.S. federal tax return b. Scholarships, fellowships, and grants; and/or with your Form W-7. If you aren’t including a U.S. federal tax c. Gambling income; or return with your Form W-7 and you changed your home mailing 2. You’re receiving taxable scholarship, fellowship, or grant address since you filed your last U.S. federal tax return, also file income, but not claiming the benefits of an income tax treaty. Form 8822, Change of Address, with the IRS at the address listed in the Form 8822 instructions. See Exceptions Tables, later, for more details on Exception 2. Information returns applicable to Exception 2 may include Form Note. If the U.S. Postal Service won’t deliver mail to your 1042-S. physical location, enter the U.S. Postal Service’s post office box Exception 3. Mortgage interest—third-party reporting. number for your mailing address. Contact your local U.S. Post This exception may apply if you have a home mortgage loan on Office for more information. Don’t use a post office box owned real property you own in the United States that’s subject to and operated by a private firm or company. third-party reporting of mortgage interest. See Exceptions Line 3. Enter your complete foreign (non-U.S.) address in the Tables, later, for more details on Exception 3. Information returns country where you permanently or normally reside, even if it’s the applicable to Exception 3 may include Form 1098, Mortgage same as the address on line 2. If you no longer have a Interest Statement. permanent foreign residence due to your relocation to the United Exception 4. Dispositions by a foreign person of U.S. real States, enter only the foreign country where you last resided on property interest—third-party withholding. This exception line 3. If you’re claiming a benefit under an income tax treaty with may apply if you’re a party to a disposition of a U.S. real property the United States, the income tax treaty country must be the interest by a foreign person, which is generally subject to same as the country listed on line 3. withholding by the transferee or buyer (withholding agent). This exception may also apply if you have a notice of non-recognition If you choose reason b, you must provide a complete under Regulations section 1.1445-2(d)(2). See Exceptions ! foreign address on line 3. Tables, later, for more details on Exception 4. CAUTION Information returns applicable to Exception 4 may include the Don’t use a post office box or an “in care of” (c/o) following. ! address instead of a street address on line 2 if you’re • Form 8288, U.S. Withholding Tax Return for Certain CAUTION entering just a “country” name on line 3. If you do, your Dispositions by Foreign Persons. application may be rejected. -8- Instructions for Form W-7 (Rev. November 2023) |
Enlarge image | Page 9 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 4. Enter your date of birth in the month/day/year (MM/DD/ IRSN will appear on any correspondence the IRS sent you YYYY) format, where MM = 1 to 12 and DD = 1 to 31. To be concerning that return. eligible for an ITIN, your birth country must be recognized as a If you’re submitting Form W-7 to renew your ITIN, you must foreign country by the U.S. Department of State. include your previously assigned ITIN on line 6f to avoid delays in processing your Form W-7. Line 6a. Enter the country or countries (in the case of dual citizenship) in which you’re a citizen. Enter the complete country Line 6f. If you have an ITIN and/or an IRSN, list them in the name; don’t abbreviate. space(s) provided. Identify your first, middle, and last name under which the ITIN and/or IRSN was issued. If you were issued Line 6b. If your country of residence for tax purposes has more than one IRSN, attach a separate sheet listing all the issued you a tax identification number, enter that number on IRSNs you received. On the separate sheet, be sure to write your line 6b. For example, if you’re a resident of Canada, enter your name and “Form W-7” at the top. Canadian social security number (known as the Canadian Social Insurance Number). If you’re submitting Form W-7 to renew your ITIN, the name under which you applied for your ITIN must be included on line 6f Line 6c. Enter only U.S. nonimmigrant visa information. Include to avoid delays in processing your Form W-7. the USCIS classification, number of the U.S. visa, and the expiration date in month/day/year format. For example, if you Note. If you’re renewing your ITIN and your legal name has have an F-1/F-2 visa with the number 123456, enter, in the entry changed since the original assignment of your ITIN, you’ll need space, F-1/F-2 and 123456, followed by the visa’s expiration to submit documentation to support your legal name change, date in MM/DD/YYYY format. Individuals in possession of an such as your marriage certificate or a court order, which may I-20/I-94 document(s) should attach a copy to their Form W-7. include a divorce decree. Attach supporting documentation to Line 6d. Check the box indicating the type of document(s) Form W-7. you’re submitting to prove your identity. Enter the name of the Line 6g. If you checked reason f, you must enter the name of state or country or other issuer, the identification number (if any) the educational institution and the city and state in which it’s appearing on the document(s), the expiration date, and the date located. You must also enter your length of stay in the United on which you entered the United States. Dates must be entered States. in the month/day/year format. If you’re temporarily in the United States for business Note. If you’re submitting a passport, or a certified copy of a purposes, you must enter the name of the company with whom passport from the issuing agency, no other documentation is you’re conducting your business and the city and state in which required to prove your identity and foreign status. Ensure any it’s located. You must also enter your length of stay in the United visa information shown on the passport is entered on line 6c and States. the pages of the passport showing the U.S. visa (if a visa is required for your Form W-7) are included with your Form W-7. A Signature passport that doesn’t have a date of entry into the United States will no longer be accepted as a stand-alone identification Who Can Sign Form W-7 document for dependents, unless the dependents are from Generally, the applicant is required to sign Form W-7. The Canada, Mexico, or are dependents of U.S. military personnel following are exceptions to this requirement. stationed overseas. Applicant is a dependent under 18 years of age. If the If you’re submitting more than one document, enter only the applicant is a dependent under 18 years of age, his or her parent information for the first document on this line. Attach a separate or court-appointed guardian can sign if the child can’t sign. The sheet showing the required information for the additional parent or court-appointed guardian must type or print his or her document(s). On the separate sheet, be sure to write your name name in the space provided and check the appropriate box that and “Form W-7” at the top. indicates his or her relationship to the applicant. If the individual The “Date of entry into the United States” must contain is signing as a court-appointed guardian, a copy of the court-appointment papers showing the legal guardianship must ! the complete date on which you entered the country for be attached. CAUTION the purpose for which you’re requesting an ITIN (if applicable). If you’ve never entered the United States, enter Adults, other than a parent or court-appointed guardian, can “Never entered the United States” on this line. A passport sign Form W-7 only if a Form 2848, Power of Attorney and without an entry date doesn’t prove U.S. residency and may not Declaration of Representative, has been signed by a parent or be used as a stand-alone document for certain dependents. See court-appointed guardian authorizing the individual to sign for Supporting Documentation Requirements, earlier. the applicant. Example. You entered the United States last year to work. Applicant is a dependent 18 years of age or older. If an You want to file a tax return for the income you earned in the applicant is 18 years of age or older, the applicant or a United States that year. You aren’t eligible to get a social security court-appointed guardian can sign or appoint a parent or another number. You file Form W-7 with your tax return for that year. On individual to sign. The individual (if other than the applicant) line 6d of your Form W-7, enter, as the “Date of entry into the must type or print their name in the space provided and check United States,” the month, day, and year you entered the United the appropriate box that indicates their relationship to the States in MM/DD/YYYY format. applicant. If the individual is signing as a court-appointed guardian, a copy of the court-appointment papers showing the Line 6e. If you ever received an ITIN and/or an Internal Revenue legal guardianship must be attached. Individuals other than the Service Number (IRSN), check the “Yes” box and complete applicant or a court-appointed guardian must attach a Form line 6f. If you never had an ITIN or an IRSN, or if you don’t know 2848 from the applicant or court-appointed guardian authorizing your ITIN or IRSN, check the No/Don’t know box. them to sign the Form W-7. An IRSN is a nine-digit number issued by the IRS to persons who file a return or make a payment without providing a taxpayer A spouse can’t sign for his or her spouse, unless the identification number. You would’ve been issued this number if ! Power of attorney box is checked and Form 2848 has you filed a U.S. federal tax return and didn’t have an SSN. This CAUTION been attached to Form W-7. Instructions for Form W-7 (Rev. November 2023) -9- |
Enlarge image | Page 10 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Applicant can’t sign their name. If an applicant can’t sign his ensure that you are complying with these laws and to allow us to or her name, then the applicant must sign his or her mark (for figure and collect the right amount of tax. example, an “X” or a thumbprint) in the presence of a witness. You are not required to provide the information requested on The witness’s signature is also required and must be identified a form that is subject to the Paperwork Reduction Act unless the as that of a witness. form displays a valid OMB control number. Books or records Note. All Powers of Attorney (POAs) submitted to the IRS must relating to a form or its instructions must be retained as long as be in English. Any POAs received in a foreign language will be their contents may become material in the administration of any considered invalid unless accompanied by a certified English Internal Revenue law. Generally, tax returns and return translation. The POA must clearly state the purpose for which it’s information are confidential, as required by Internal Revenue intended under the Acts authorized section. For more Code section 6103. information, go to IRS.gov. The average time and expenses required to complete and file this form will vary depending on individual circumstances. For Acceptance Agent’s Use ONLY the estimated averages, see the instructions for your income tax Complete all fields as appropriate and enter the eight-digit office return. code that was issued to you by the ITIN Program Office. If you have suggestions for making this form simpler, we Paperwork Reduction Act Notice. We ask for the information would be happy to hear from you. See the instructions for your on this form to carry out the Internal Revenue laws of the United income tax return. States. You are required to give us the information. We need it to -10- Instructions for Form W-7 (Rev. November 2023) |
Enlarge image | Page 11 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exceptions Tables Exception #1 Note. Federal tax withholding and/or information reporting must take place within the current tax year. Third-Party Documentation you must submit if you’re eligible to Withholding on Persons who are eligible to claim Exception 1 include: claim Exception 1: Passive Income 1(a) Individuals who are partners of a U.S. or foreign 1(a) A copy of the portion of the partnership or LLC partnership that invests in the United States and that owns agreement displaying the partnership’s employer assets that generate income subject to IRS identification number and showing that you’re a partner in information-reporting and federal tax withholding the partnership that’s conducting business in the United requirements; or States. 1(b) Individuals who have opened an interest-bearing 1(b) An original signed letter from the bank on its official bank deposit account that generates income that’s letterhead, displaying your name and stating that you’ve effectively connected with their U.S. trade or business and opened a business account that’s subject to IRS information is subject to IRS information reporting and/or federal tax reporting and/or federal tax withholding on the interest withholding; or generated during the current tax year. 1(c) Individuals who are “resident aliens” for tax purposes 1(c) An original signed letter from the bank on its official and have opened an interest-bearing bank deposit letterhead, displaying your name and stating that you’ve account that generates income subject to IRS information opened an individual deposit account that’s subject to IRS reporting and/or federal tax withholding; or information reporting and/or federal tax withholding on the interest generated during the current tax year. 1(d) Individuals who are receiving distributions during the 1(d) An original document or signed letter from the current tax year of income such as pensions, annuities, withholding agent, on official letterhead, showing your name rental income, royalties, dividends, etc., and are required and verifying that an ITIN is required to make distributions to to provide an ITIN to the withholding agent (for example, you during the current tax year that are subject to IRS an investment company, insurance company, financial information reporting and/or federal tax withholding. institution, etc.) for the purposes of tax withholding and/or Self-generated income statements will only be accepted with reporting requirements. a copy of the contract or a letter with a postmarked envelope addressed from the withholding agent. Exception #2 Note. Federal tax withholding and/or information reporting must take place within the current tax year. 2(a). Wages, Salary, Persons who are eligible to claim Exception 2(a) Documentation you must submit if you’re eligible to Compensation, include: claim Exception 2(a): and Honoraria Payments Individuals claiming the benefits of a tax treaty who: Claiming the • Are either exempt or subject to a reduced rate of • An original letter of employment from the payer of the benefits of a tax withholding of tax on their wages, salary, compensation, income; or treaty and honoraria payments; • A copy of the employment contract; or • A letter requesting your presence for a speaking and engagement, etc.; • Will be submitting Form 8233 to the payer of the income. along with: • Evidence (information) on the Form W-7 that you’re entitled to claim the benefits of a tax treaty, and • A copy of the completed withholding agent’s portion of Form 8233 attached to Form W-7. Instructions for Form W-7 (Rev. November 2023) -11- |
Enlarge image | Page 12 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exceptions Tables (continued) Exception #2 (continued) Note. Federal tax withholding and/or information reporting must take place within the current tax year. 2(b). Scholarships, Persons who are eligible to claim Exception 2(b) Documentation you must submit if you’re eligible to Fellowships, include: claim Exception 2(b): and Grants Individuals claiming the benefits of a tax treaty who: Claiming the • Are either exempt from or subject to a reduced rate of • An original letter or official notification from the college or benefits of a tax tax on their income from scholarships, fellowships, or university awarding the noncompensatory scholarship, treaty grants (that is, foreign students, scholars, professors, fellowship, or grant; or researchers, foreign visitors, or any other individual); • A copy of a contract with a college, university, or educational institution; and • Will be submitting Form W-8BEN to the withholding agent. along with: • An original or copy certified by the issuing agency of passport showing the valid visa issued by the U.S. Note. Student and Exchange Visitor Program Department of State, (SEVP)-approved institutions for nonresident alien • Evidence (information) on the Form W-7 that you’re students and exchange visitors and their spouses and entitled to claim the benefits of a tax treaty, dependents classified under section 101(a)(15)(F), (M), or • A copy of the Form W-8BEN that was submitted to the (J) of the Immigration and Nationality Act {8 U.S.C. 1101(a) withholding agent, and 2 (15)(F), (M), or (J)}: A certification letter is required for • A letter from the Social Security Administration stating each Form W-7 application: primary, associated 1 that you’re ineligible to receive a social security number secondary (spouse), and dependent(s). (SSN). 1 The original certification letter from an SEVP-approved 2 If you’re a student on an F-1, J-1, or M-1 visa who won’t be institution serves as a substitute for submission of original working while studying in the United States, you won’t have supporting identification documents with Form W-7. The to apply for an SSN. You will be permitted to provide a letter certification letter must: from the Designated School Official (DSO) or Responsible • Be on original, official college, university, or institution Officer (RO) stating that you won’t be securing employment letterhead with a verifiable address; in the United States or receiving any type of income from • Provide the applicant’s full name and Student Exchange personal services. Visitor’s Information System (SEVIS) number; • Certify the applicant’s registration in SEVIS; • Certify that the student presented an unexpired passport, visa, or other identification documents for review (Exception: a U.S. visa isn’t required if the foreign address is in Canada or Mexico); • List the identification documents provided to verify identity and foreign status; • Be signed and dated by an SEVIS official: Principal Designated School Official (PDSO), Designated School Official (DSO), Responsible Officer (RO), or Alternate Responsible Officer (ARO) of a certified school exchange program with a verifiable contact telephone number; • Attach copies of documents used to verify the applicant’s identity and foreign status from the approved list of documents presented in the Form W-7 instructions (passport must include a copy of the valid visa issued by the U.S. Department of State). A U.S. visa isn’t required if the foreign address is in Canada or Mexico; • Attach a copy of Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status and/or a copy of Form I-20, Certificate of Eligibility for Nonimmigrant Student Status; • Form W-7 must include the treaty country and article number that supports claiming a tax treaty benefit; and • Include a letter from the DSO or RO stating that the applicant won’t be securing employment in the United States or receiving any type of income from personal services. -12- Instructions for Form W-7 (Rev. November 2023) |
Enlarge image | Page 13 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exceptions Tables (continued) Exception #2 (continued) Note. Federal tax withholding and/or information reporting must take place within the current tax year. 2(c). Scholarships, Persons who are eligible to claim Exception 2(c) Documentation you must submit if you’re eligible to Fellowships, include: claim Exception 2(c): and Grants Individuals (that is, foreign students, scholars, professors, • An original letter or official notification from the researchers, or any other individuals) receiving educational institution (that is, college or university) awarding noncompensatory income from scholarships, fellowships, the noncompensatory scholarship, fellowship, or grant; or or grants that’s subject to IRS information-reporting and/or • A copy of a contract with a college, university, or withholding requirements during the current year. educational institution; along with: Not claiming • An original or copy certified by the issuing agency of benefits of a tax passport showing a valid visa issued by the U.S. Department treaty Note. Student and Exchange Visitor Program of State (a U.S. visa isn’t required if the foreign address is in (SEVP)-approved institutions for nonresident alien Canada or Mexico); students and exchange visitors and their spouses and • An original letter from the DSO or RO stating that you’re dependents classified under section 101(a)(15)(F), (M), or receiving noncompensatory income from scholarships, (J) of the Immigration and Nationality Act {8 U.S.C. 1101(a) fellowships, or grants that’s subject to IRS (15)(F), (M), or (J)}: A certification letter is required for information-reporting and/or federal tax withholding each Form W-7 application: primary, associated requirements during the current year (this letter must be secondary (spouse), and dependent(s).1 attached to your Form W-7 or your application for an ITIN will be denied); and • A letter from the Social Security Administration stating 2 1 The original certification letter from an SEVP-approved that you’re ineligible to receive a social security number institution serves as a substitute for submission of original (SSN). supporting identification documents with Form W-7. The certification letter must: • Be on original, official college, university, or institution letterhead with a verifiable address; 2 If you’re a student on an F-1, J-1, or M-1 visa who won’t be • Provide the applicant’s full name and Student Exchange working while studying in the United States, you won’t have Visitor’s Information System (SEVIS) number; to apply for an SSN. You will be permitted to provide a letter • Certify the applicant’s registration in SEVIS; from the DSO or RO stating that you won’t be securing • Certify that the student presented an unexpired employment in the United States or receiving any type of passport, visa, or other identification documents for review income from personal services. (Exception: a U.S. visa isn’t required if the foreign address is in Canada or Mexico); • List the identification documents provided to verify identity and foreign status; • Be signed and dated by an SEVIS official: Principal Designated School Official (PDSO), Designated School Official (DSO), Responsible Officer (RO), or Alternate Responsible Officer (ARO) of a certified school exchange program with a verifiable contact telephone number; • Attach copies of documents used to verify the applicant’s identity and foreign status from the approved list of documents presented in the Form W-7 instructions (passport must include a copy of the valid visa issued by the U.S. Department of State). A U.S. visa isn’t required if the foreign address is in Canada or Mexico; • Attach a copy of Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status and/or a copy of Form I-20, Certificate of Eligibility for Nonimmigrant Student Status; • Form W-7 must include the treaty country and article number that supports claiming a tax treaty benefit; and • Include a letter from the DSO or RO stating that the applicant won’t be securing employment in the United States or receiving any type of income from personal services. Instructions for Form W-7 (Rev. November 2023) -13- |
Enlarge image | Page 14 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exceptions Tables (continued) Exception #2 (continued) Note. Federal tax withholding and/or information reporting must take place within the current tax year. 2(d). Gambling Persons who are eligible to claim Exception 2(d) Documentation you must submit if you’re eligible to Income include: claim Exception 2(d): Nonresident aliens visiting the United States who: Claiming the • Have gambling winnings, Your Form W-7, which must be submitted through the benefits of a tax • Are claiming the benefits of a tax treaty for an exempt or services of an appropriate gaming official serving as an IRS treaty reduced rate of federal tax withholding on that income, and ITIN Acceptance Agent to apply for an ITIN under Exception • Will be utilizing the services of a gaming official as an 2(d). IRS ITIN Acceptance Agent. Note. If you don’t secure the services of a gaming official, you may still file Form 1040-NR at the end of the tax year with a Form W-7, attaching a copy of Form 1042-S displaying the amount of tax withheld. Your Form 1040-NR should also display the tax treaty article number and country under which you’re claiming the treaty benefits. Exception #3 Note. Federal tax withholding and/or information reporting must take place within the current tax year. Third-Party Persons who are eligible to claim Exception 3 include: Documentation you must submit if you’re eligible to Reporting of claim Exception 3: Mortgage Individuals with a home mortgage loan on real property • Documentation showing evidence of a home mortgage Interest located in the United States. loan. This includes a copy of the contract of sale or similar documentation showing evidence of a home mortgage loan on real property located in the United States. Exception #4 Note. Federal tax withholding and/or information reporting must take place within the current tax year. Third-Party Persons who are eligible to claim Exception 4 include: Documentation you must submit if you’re eligible to Withholding— claim Exception 4: Disposition by An individual who is a party to the disposition of U.S. real • A completed Form 8288, Form 8288-A, or Form 8288-B; a Foreign property interest by a foreign person (buyer or other and Person of U.S. transferee such as a withholding agent) or notice of • A copy of the real estate sales contract, Settlement Real Property non-recognition under Regulations section 1.1445-2(d)(2) 1 Statement (HUD-1), or Closing Disclosure. Interest from the transferor. • In the case of notice of non-recognition , document(s) that 1 evidence a transaction for which a notice of non-recognition is applicable. Note. For the seller of the property, copies of the sales contract, Settlement Statement (HUD-1), or Closing Disclosure, and copies of Forms 8288 and 8288-A submitted by the buyer need to be attached to Form W-7. 1 For notices of non-recognition, the document must show the date of the transaction, the parties involved, and the type of transfer that took place. For example, for transfers involving real estate, valid documents include the deed, Direction to Convey form, or a document that identifies the replacement property in a like-kind exchange. For transfers involving stock, an example of a valid document is the document that facilitates the transaction. -14- Instructions for Form W-7 (Rev. November 2023) |
Enlarge image | Page 15 of 15 Fileid: … ons/iw-7/202311/a/xml/cycle03/source 10:04 - 1-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exceptions Tables (continued) Exception #5 Note. Federal tax withholding and/or information reporting must take place within the current tax year. Reporting Persons who are eligible to claim Exception 5 include: Documentation you must submit if you’re eligible to Obligations claim Exception 5: under T.D. 9363 A non-U.S. representative of a foreign corporation who • Along with your Form W-7, include an original signed needs to obtain an ITIN for the purpose of meeting their letter from your employer on corporate letterhead stating that e-filing requirements. an ITIN is needed for T.D. 9363, and you have been designated as the person responsible for ensuring compliance with IRS information-reporting requirements. Instructions for Form W-7 (Rev. November 2023) -15- |