ITIN

[Dogwood_Poet 16]

I filed and got my wife her ITIN with no problems, The only thing is, if you are planning on getting a refund, you may not be able to cash the check or even direct deposit until your wife is in the country and you can add her to your accounts.

My bank (US Bank) refused the direct deposit and would not cash the paper check even if I sent it for her signature. They said since she is not on the account they cannot accept the check. Your bank may be different, but I was told that was the law.

So I got to put the check in my safe for almost six months before we could deposit it. Which was really annoying since it would have paid for her plane ticket here.

[TravellingNomad 12]

I filed and got my wife her ITIN with no problems, The only thing is, if you are planning on getting a refund, you may not be able to cash the check or even direct deposit until your wife is in the country and you can add her to your accounts.

My bank (US Bank) refused the direct deposit and would not cash the paper check even if I sent it for her signature. They said since she is not on the account they cannot accept the check. Your bank may be different, but I was told that was the law.

So I got to put the check in my safe for almost six months before we could deposit it. Which was really annoying since it would have paid for her plane ticket here.

i had this problem before too when i applied for my wife's ITIN 2 years ago. my bank agreed to do a one time deposit after i explained the situation. but what the teller (BofA) advised me was to deposit the refund check via the ATM. so when the next refund check (had a few that came because of filing ammendments for a few years) came in the mail, i did what the teller told me to do and deposited it through the ATM machine. Didn't have any problems.

but OP...as far as the ITIN application is concerned, when your husband submits the application for an ITIN with his tax return, it'll take a bit longer (but not too long) for his tax return to be processed. because when IRS receives his return with an ITIN application, they send it off to one of their office in Texas that processes ITINs...and from there, they'll process the return and issue the ITIN number.

[smithmm 1]

Another possibility is what my wife & I did in early 2008. I brought all my paper forms with me, filled out the W7 and made a statement that we elected to treat my wife as a resident alien (subjects our worldwide income to US taxes). She went to the Jim Boyd Foundation (IRS Acceptance Agent) in Angeles City (Recreation Activities Office building close to McAurthur's Arch on McArthur Boulevard on the left - if you're at the jeepney circle you've just passed it going south from Dau). My wife brought our tax forms, her Philippine Passport, our Marriage Contract (not sure if NSO version was available yet) and P500 processing fee. She was given a notice from Jim Boyd and his helpful secretary that our application for the ITIN had been accepted. The secretary just checked the original civil documents and my wife left with them after filing our tax forms there. I think that our direct deposit refund went through within 2 months and fortunately there was no problem with my bank needing her name on my account for it to clear. This doesn't work for everyone, but we found it a nice way for her to visit her Aunt & friends while taking care of Uncle Sam's requirements too (but needs some planning ahead to make it work). Good luck with whatever you decide!

[Scott and Mhay 57]

Thank you so much for this information. I've read some ITIN topics but it's not applicable for PI. So this is really a great reply, Scott and Mhay!

We did some research and we also called the IRS and found out that yes, Matt can claim me as dependent if he applies an ITIN for me. From the requirements in the US Embassy Manila website, it says there that I need a photocopy of my passport be notarized in the Embassy for a fee of $50 provided that I have an appointment which can be done online. And I need to send it along with the W7 form with my signature in it. You mentioned about DFA, I don't understand the connection of this department in acquiring the requirements. Will you explain this part, please? And yes, we found out it has no electronic filing as it will take 6-8 weeks for them to finish the process. That's pretty long! We thought it's a hassle too. Matt thinks that if we'll pursue applying for ITIN, I might get the GC in the mail before the ITIN process will be all over as we are expecting my arrival in US on March or April the least (cause the expedite was granted).

So, later on, when I'm in US already, is it possible for Matt to amend his 2010 tax? Please also share your thoughts about our situation.

Thank you!

I couldnt get an appointment at the Embassy in Manila when I was there. It even says in the instructions on the W-7 that the embassy cannot notorize any copies like that. I never got a chance to personally try it though. We went to the DFA because that is who issues the passport, so they have to authenicate a copy, but the DFA did not give us anything with a red ribbon....just a letter stating all the information about my wife's passport was correct with a photo of her glued to a sheet.

Also, I wouldnt expect any return in 6-8 weeks....you are looking at 10-12 weeks probably. Keep your fingers crossed, but dont expect anything. Like I said before, I needed my return right away so I could pay for the plane ticket for my wife. That is why I filed Head of Household. there is nothing wrong with your husband filing single and then amending it later. It is up to personal preferance on that though. Most accountants would tell you to file single and then amend later since the spouse has never been to the US yet.

This was all from my experience and I couldnt take any delay in getting my refund. If you guys have the time to wait, then yeah, I would say get the ITIN. I just found the whole process to be more trouble than what it was worth at the time. I also didnt want to get my return rejected at the time.

[Scott and Mhay 57]

Here is why I dont think they will notorize a copy of a philippine passport. On the embassy site it says: http://manila.usembassy.gov/service/notary.html

(Note: Notarizing officers do not certify that the contents of submitted documents are true. A notarizing officer only certifies that you have signed and sworn or affirmed under oath that the contents are true.) Notarizing officers are prohibited from offering legal advice regarding the form or content of documents to be notarized.

Basically what the IRS needs is a notary to say that your passport is true.

Also for the W-7:

W-7 Application

The Embassy Consular officers can authenticate originally signed birth certificates and marriage contracts issued by the Philippine National Statistics Office (NSO) in Quezon City, Philippines in support of applications for US taxpayer ID numbers, ITIN (W-7) application. Other documents required by the ITIN (W-7) may be certified by the issuing agency or official custodian of the original record

Pay attention to the last sentence...basically what it says is that a passport would need to be certified by the DFA since they issue the passport.

Now with all this being said, I have read where people have just sent a plain photocopy of the passport and got the ITIN. The IRS has made this way more difficult than it should be. You used to be able to just go to the IRS office and apply for an ITIN. Now you need to file a return and have all these complicated steps.

Anyway, I think some of the stuff on the embassy's site has changed since I was considering to apply for the ITIN. Let us know how it goes and possibly do a write-up here for future couples.

[Matt and Evieve 1]

Thanks to all of you! We've decided already that Matt will file electronically as soon as possible then we will just amend it later when I get there. Thank you so much for all the inputs! You guys are the best!!!

[BigJohn 4]

I am pretty sure you can not claim your wife as a dependent. You will get the marital tax deduction for her.

[confusing 5]

maybe someone can explain this - i thought a ITIN was only needed if the foreign national / spouse etc didn't qualify for a SSN? my wife has an SSN, so when i file my 2010 taxes we shouldnt need a ITIN?

[George & Gina 29]

maybe someone can explain this - i thought a ITIN was only needed if the foreign national / spouse etc didn't qualify for a SSN? my wife has an SSN, so when i file my 2010 taxes we shouldnt need a ITIN?

Correct. Your wife does not need (and is not qualified to receive) an ITIN because she has an SSN. Be thankful, I'm looking forward to many headaches with getting an ITIN for my wife and getting our taxes filed.

George

[calibob 73]

Correct. Your wife does not need (and is not qualified to receive) an ITIN because she has an SSN. Be thankful, I'm looking forward to many headaches with getting an ITIN for my wife and getting our taxes filed.

George

I'm just going to file an extension because we're going to be so close (I hope!!) to Elsa being here and getting her SSN, we'll avoid most of the hassle. We're getting money back so there won't be a penalty or interest payable by us. Just another route avoiding the ITIN headache. Good luck all!!!!

Edited January 31, 2011 by calibob

[tallcoolone 102]

US taxes another rip off in America

We have over 20 million Illegal aliens in the USA whom work for cash and don't pay any taxes, but get free school and free medical and welfare from the USA.......

[confusing 5]

Correct. Your wife does not need (and is not qualified to receive) an ITIN because she has an SSN. Be thankful, I'm looking forward to many headaches with getting an ITIN for my wife and getting our taxes filed.

George

thanks for the clarification. i thought i was done with most of the difficult stuff and then i read this thread and was like WHAT?

[Cathay Pacific 0]

Does anyone know if the IRS acceptance agent operating under the name "Michael Miller Brown" is still in business in Manila, over at 1240 Roxas Boulevard?

The IRS web site only lists two acceptance agents for the entire country, one here in Manila, and the other one over in Angeles City:

http://www.irs.gov/individuals/article/0,,id=96906,00.html

For the last few days the Michael Miller Brown office has not answered the phone, so I'm curious if anyone else has used their services for this tax season, or if they are no longer in business?

Hoping to avoid blindly heading down to their office without knowing if they're still there or not.

[jane_smith 2]

I filed ITIN last year when my husband filed for his tax. I contacted an agency called Jim boy Foundation in Angeles City to process my papers. They asked for my original passport because they don't accept the certified copy from the DFA. So I sent it together with the forms that my husband sent me and my application for my ITIN. We sent in March and we got the refund in April.

[calibob 73]

I filed ITIN last year when my husband filed for his tax. I contacted an agency called Jim boy Foundation in Angeles City to process my papers. They asked for my original passport because they don't accept the certified copy from the DFA. So I sent it together with the forms that my husband sent me and my application for my ITIN. We sent in March and we got the refund in April.

We did likewise apply for an ITIN with the Jim Boyd Foundation. A bit of a haul for the wife but they were very nice and easy to work with. I just sent our taxes, after I signed them, to the wife and she took them to Angeles City and they filed them and filled out the forms after certification on the W-7. Then about 8 weeks later the check came. Best of luck!.....A note, if you file jointly and your spouse is in agreement, have the funds direct deposited into the USC's account. We got a check and it was made out to both of us, which is totally worthless because my wife isn't on my account and no one would cash a check sight unseen by one of the parties. I had a power of attorney and everything. Still have the check for last year unused.

Bob