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emc011075
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 2563
Experience:  IRS licensed Enrolled Agent and tax instructor
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I filed an first year tax return and an ITIN application for

Customer Question

I filed an first year tax return and an ITIN application for a client who was his first year filing and he received his refund check about 3-4 months ago but no ITIN or any other correspondence. Along with the return and ITIN application we sent his passport which he has not received back even though we submitted a return stamped envelope. I gave him the IRS 1040 phone number but he says he hasn't been able to speak to someone live. He is just speaking to "machines" and he needs to know where his passport is. Where should I now direct him to? FYI: no power of attorney or anything on him. This was just a simple tax return with an attached ITIN application that was mailed in.
Submitted: 1 year ago.
Category: Tax
Expert:  emc011075 replied 1 year ago.
Hi. My name is ***** ***** I will be happy to help you. Let him contact Taxpayer advocate services so he doesn't have to deal with IRS himself since IRS will most likely not talk to you without his presents. Texas offices and contact information are here: http://www.irs.gov/Advocate/Local-Taxpayer-Advocate#Texas
Expert:  emc011075 replied 1 year ago.
It usually takes about 6 - 10 weeks but IRS is hopelessly behind right now.
Expert:  emc011075 replied 1 year ago.
I see you read my respond. Do you have any questions? Is there anything else I can help you with today? And if this answered your question, please take a moment to rate my response so that I may receive credit for assisting you today. However, if you need clarification, or want to discuss this issue further, let me know. Thank you.
Customer: replied 1 year ago.

Im not sure Taxpayer Advocate will be able to assist him. I called but I guess the options/prompts I choose lead me to IRS Agent instead of Taxpayer Advocate. Last I spoke with them about another client, they told me that they could only "open a case" when the taxpayer had already been issued a lien against them. The problem/concern is that if taxpayer calls IRS and does eventually get a hold of a live agent, then, since no ITIN has been issued (at least he never received correspondence about it), how will agent find him in system and be able to give him status on his ITIN application? Who will know what the status on his original passport is, as far as if its been mailed back or still up at IRS? I feel I need to help him because he is only Spanish speaking and can't really communicate well and, although I advised he send in a certify copy of passport instead of original, I was the one who did all the filing for him. But my acceptance agent application expired before I could renew and I was no longer an ITIN ACCEPTANCE AGENT when I filed tax return along with ITIN application for him. So now I know I have no rights over his tax information. How else can I help him get his passport back? or get to the appropriate people who can help him?

Expert:  emc011075 replied 1 year ago.
The problem with IRS is that they are notorious about loosing documents, including passports. If the passport and application is still somewhere in the "mailing bin" with other correspondence waiting to be processed, no agent will be able to locate it or tell you what the status of the application, especially after the IRS online security breach couple month ago. Hopefully the return/application was mailed via registered mail so there's some kind of prove or tracking, that IRS actually received it. The first line "IRS agents" are just trained to locate information already entered in computer. You will not get a useful information from an IRS agent, especially without ITIN or SS#. Have you tried the your local TAS office? According to "211texas.org" the Austin office also provides following services:"Assists taxpayers who are facing significant economic hardships, or will suffer significant hardship or costs if relief is not granted; taxpayers who experienced an IRS delay of more than 30 days to resolve a tax issue; or taxpayers who have not received a response or resolution to the problem by the date that was promised by the IRS (IRS claims to process ITINs in 7 weeks)" https://www.211texas.org/zf/profile/service/id/1322920 If TAS will not be able to help him, you will have to look at another, maybe more aggressive options, especially if he doesn't receive the passport any time soon. Does he actually has any tracking number or confirmation that IRS received it? If he does, I would write a certified letter to IRS with the copy of the tracking receipts to get their attention.You might need to consider the fact that the passport/application had been lost or stolen. It wouldn't be the first time this would happened. He might need to contact the consulate of the country of his origin, request a new passport. If the issue is not resolved in 6 month, I would consider to file another application with registered copies (not the originals). Sorry about the situation. There's really no easy solution or answer. Here's a article and some suggestions from somebody who's passport was lost IRS:http://money.stackexchange.com/questions/23156/itin-application-rejected-and-irs-lost-one-of-our-passports-how-to-get-back-th