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Lane
Lane, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3703
Experience:  Providing Financial & Tax advice since 1986
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If I dont submit the original passport or a certified copy

Resolved Question:

If I don't submit the original passport or a certified copy when claiming exemption a & h on Form W-7, will the W-7 be processed? According to the IRS website, "As a reminder, some categories of applicants are exempt from the requirement to provide original or certified copies including non-resident aliens applying for ITINs to claim tax treaty benefits (box “a” and ”h” on Form W-7)."
Link: http://www.irs.gov/uac/2012-ITIN-Review-Frequently-Asked-Questions-1
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

NPVAdvisor :

Hi, is that your purpose.... " to claimm tax treaty benefits" only?

NPVAdvisor :

I still don't see you coming into the chat

NPVAdvisor :

I'll answer in a gneral fashin, and then move this to the "Q&A" mode ... Maybe that will help

NPVAdvisor :

If you are requesting the ITIN for purposes OTHER than filing a return ... such as claiming exemption from third-party withholding for various income, such as certain gambling winnings or pension income, or need an ITIN for information reporting purposes, then that is correct, you will not need to provide original documentation such as passports and birth certificates, or copies of these documents certified by the issuing agency.

NPVAdvisor :

If you are not in that category, however, and need to file a return, the you WILL need to provide the original documents.

NPVAdvisor :

Hope this helps

NPVAdvisor :

Lane

Expert:  Lane replied 1 year ago.

Hi Siv,

 

Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

 

Let me know,

 

Lane

 

Customer: replied 1 year ago.

US ITIN Exception 1d - Annuity, Dividend, Pension, Royalty Income

Eligibility: Individuals receiving annuity, dividend, pension and royalty distributions (as well as other similar types of income) during the current taxation year who are required to provide an IRS individual taxpayer identification number to the withholding agent (such as a bank, insurance or investment company, pension plan, etc.) for IRS information reporting and/or tax withholding can claim Exception 1d on their ITIN application online.

Documentation: To claim Exception 1d, the ITIN applicant must submit a signed letter or document from the withholding agent on the withholding agent's official letterhead. The document or letter must include:

The applicant's full name;
The account number; and
A statement indicating that the applicant requires an Internal Revenue Service ITIN to receive distributions which are subject to IRS information reporting and/or federal tax withholding during the current taxation year.

Customer: replied 1 year ago.

>I'll answer in a gneral fashin, and then move this to the "Q&A" mode ... >Maybe that will help


"Q&A" mode is fine.

Expert:  Lane replied 1 year ago.

That's right.

That's you.

You do not need to provide that certified or original copy.

Lane
Customer: replied 1 year ago.

Now planning to give Form W-8ECI to the property manager as the 2013 rental income will be treated as "effectively connected income (rental income less expenses such as Insurance, RE tax, repair, Depreciation to be shown on Schedule E with 1040NR for nonresident alien individuals)"
ITIN needed as the property manager in the US wants Form W-8.

Customer: replied 1 year ago.

"Q&A" mode?

Customer: replied 1 year ago.

I am online.

Expert:  Lane replied 1 year ago.

I understand.

Again, if you will filing a 1040NR, then you will need to provide those original or certified documents.

But, again, if you ONLY need to ITIN for submitting the W-8ECI and don't plan to file a return, the you will not need to submit the documents you asked about.

Lane
Customer: replied 1 year ago.

>don't plan to file a return


 


1040NR for 2013 will be filed in 2014. Right now, ITIN from IRS needed for giving W-8ECI to third party (rental property manager).


 

Expert:  Lane replied 1 year ago.


Then you're OK

You fit the exemption for sending those documents

Lane
Customer: replied 1 year ago.

Thanks because I got a reply from an IRS authorized Acceptance Agenent for ITIN, "No, that is not true. If you don't submit the original passport orcertified copy from the passport office (even if you claim exemption a &h), it will be rejected."

Expert:  Lane replied 1 year ago.


He is wrong.



You may want to consider...

(1) printing out that FAQ page,

(2) circling the little section that begins with "Are there any applicants who are exempt from these new requirements?"

(3) underlining the specific passage that says "Nonresident aliens applying for ITINs for the purpose of claiming tax treaty benefits.."

and then

(4) sending it in along with W-7.



Lane

(Positive feedback appreciated, Its how we get paid)

Customer: replied 1 year ago.

Thanks for guidance to attach FAQ. What documents besides FAQ to be attached with W-7 when claim exemption a & h on W-7?


 

Customer: replied 1 year ago.

Do I need to request a signed letter or document from the withholding agent (rental property manager) on the withholding agent's official letterhead. The document or letter must include:

The applicant's full name;
The account number; and
A statement indicating that the applicant requires an Internal Revenue Service ITIN to receive distributions which are subject to IRS information reporting and/or federal tax withholding during the current taxation year.

Expert:  Lane replied 1 year ago.

Yes ...

...going into a meeting now

sorry, thought we were done.

Be back on by 11:00 ea
Lane, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3703
Experience: Providing Financial & Tax advice since 1986
Lane and 6 other Tax Specialists are ready to help you
Customer: replied 1 year ago.

ok. when you return, please email. Thanks.

Expert:  Lane replied 1 year ago.

Back on now, Shiv.

Lane
Customer: replied 1 year ago.

I am online, Lane.


 

Expert:  Lane replied 1 year ago.

Hi Shiv,

What other questions do you have?

Lane
Customer: replied 1 year ago.

Do I now need to request a signed letter or document from the withholding agent (rental property manager)?


Customer: replied 1 year ago.

The rental Property manager wants W-8 but ITIN cannot be filled in.

Expert:  Lane replied 1 year ago.
Yes, that's right ... on their letterhead.

Just let them know that the letter is FOR for the purpose of getting the ITIN, so that you can get them the W8.

The send (1) the letter, (2) the FAQ page highlighting the exception and (3) the W-7 in to the address indicated on the W-7 instructions.
Customer: replied 12 months ago.

On W-7, line 2, Applicant's mailing address, if there is a typo mistake on the house number but zip code is correct, what to do?

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