Immigrants & Immigration
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All workers are required to pay federal and state income tax. This includes undocumented people and other non-US citizens. To be able to file federal state and tax returns, a person must have either a Social Security Number (SSN) or an Individual Taxpayer Identification number (ITIN). Read about ITINs below.
What is an ITIN?
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An ITIN is issued by the Internal Revenue Service (IRS). An ITIN is a number only given to someone who cannot get a Social Security Number (SSN) and needs to file taxes. People can apply for an ITIN regardless of immigration status. The taxpayer will enter their ITIN in place of a SSN on their tax return.
ITINs are only used for tax reporting. It is used for federal and state tax reporting. An ITIN does not authorize someone to legally work in the US. They do not provide legal immigration status. A bank may allow someone to open a bank account or apply for a loan with an ITIN. An ITIN can also be used to obtain a copy of one’s credit reports by mail.
When should someone apply for an ITIN?
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A complete federal income tax return must be included with an ITIN application. A person can apply for an ITIN at any time. If applying in the earlier months of the year, consider filing several months before the annual tax deadline of April 15th. That way, income taxes from the previous year won’t be filed late. Filing taxes late could cause problems and result in monetary penalties.
How does someone file for an ITIN?
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The taxpayer must fill out a Form W-7, Application for IRS Individual Taxpayer Identification Number. They must also submit their completed and signed federal tax return. The application must include documents proving the taxpayer’s identity and foreign status.
Documents to establish identity:
- Passport
- US Citizenship and Immigration Services (USCIS) photo ID
- Visa issued by the US Department of State
- US driver's license
- US military ID card
- Foreign driver's license
- Foreign military ID card
- National ID card (must be current and show photo, name, address, date of birth, and expiration date)
- US State ID card
- Foreign voter's registration card
- Civil birth certificate (required for applicants under age 18 unless a passport is submitted)
- Medical records (valid only for dependents under age 6)
- School records (valid only for dependents under age 24 if they are students)
Documents to establish foreign status:
- Passport
- US Citizenship and Immigration Services (USCIS) photo ID
- Visa issued by the US Department of State
- Foreign military ID card
- National ID card (must be current and show photo, name, address, date of birth, and expiration date)
- Foreign voter's registration card
- Foreign civil birth certificate (required for applicants under age 18 unless a passport is submitted)
- Foreign medical records (valid only for dependents under age 6)
- Foreign school records (valid only for dependents under age 24 if they are students)
What happens after submitting an ITIN application?
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If the IRS approves an application, people should receive their ITIN within 11 weeks of the application date.
People who do not receive their ITIN within 11 weeks can call the IRS to check the status of their application. The number is at (800) 829-1040.
ITIN approval letters should be kept safe and secure like any other identification document.
Does an ITIN expire?
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Yes, it can expire. If the ITIN isn’t used at least once on a US federal tax return for the last three consecutive tax years, it expires on December 31 of the third tax year. For instance, if an ITIN wasn’t used to file a federal tax return for 2020, 2021, or 2022, the ITIN would have expired on December 31, 2022.
Expired ITINs must be renewed before using it again on a US federal tax return. This requires filing the IRS form W-7 and checking the box to “Renew an existing ITIN.” When renewing, the IRS will issue the same ITIN number that the IRS had previously given. Filing a tax return with an expired ITIN may prevent someone from receiving all their credits and refunds.
Learn more about expiring ITINs.
Can someone get a Child Tax Credit with an ITIN?
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No. People must have a Social Security number to qualify for the Child Tax Credit.
However, people with ITINs may qualify for a different type of tax credit called “Credit for Other Dependents.” This is a smaller credit that is available to some eligible ITIN holders. To qualify for the Credit for Other Dependents with an ITIN, the child being claimed must be a US citizen, a US national, or a lawful permanent resident (LPR or green card holder). Learn more about the Child Tax Credit and the Credit for Other Dependents.
Where can someone get help with filing for an ITIN?
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- Call the IRS toll free at (800) 908-9982 to get information on what is required for an ITIN and to get help filing income tax returns;
- Visit one of the IRS Taxpayer Assistance Centers located throughout the US that provide in-person help; or
- Meet with an ITIN Certified Acceptance Agent (“CAA”). An ITIN CAA is a person who is approved by the IRS to help with ITIN applications. They review ITIN documents and complete a certificate saying the information is accurate. This will allow an ITIN applicant to keep their original documents instead of mailing them to the IRS. The CAA will then send their application, copies of their identity and foreign status documents, and tax return to the IRS for processing. Learn more and find a CAA on the IRS's Acceptance Agent Program site.
Read more about ITINs.
Learn more about getting help filling out your federal income tax return.
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