Getting a Certified Copy of a Chinese passport

[lhp]

Hi, everyone.

My wife and I are starting our visa journey by getting her an ITIN so we can file a joint tax return. (The lady in the IRS office suggested we do this so there will be no questions like "Why didn't you file jointly if you were happily married?") During the past year the rules for acceptable documents have changed. We can no longer submit a notarized copy of her Chinese passport. Instead:

The IRS is implementing interim guidelines — effective immediately — and will only issue ITINs when applications include original documentation, such as passports and birth certificates, or certified copies of these documents from the issuing agency. During this interim period, ITINs will not be issued based on applications supported by notarized copies of documents. In addition, ITINS will not be issued based on applications submitted through certified acceptance agents unless they attach original documentation or copies of original documents certified by the issuing agency.
source

So, we need to get a certified copy of her passport from the issuing agency (Exit & Entry Administration Ministry of Public Security).

My wife has called them to ask about this, but is unsure of the Chinese term for "certified copy". Have any of you done this? Can you tell me what the Chinese is for what she needs, and how you got it done? Thanks!

[Randy W]

Sounds like you're S.O.L. for now. The Chinese are not a signatory of the Hague Convention, so I don't think they'll issue anything that we would recognize as a "certified copies of these documents from the issuing agency". Maybe someone else will have better information there, though.

 

If you still need to file a 2011 return, these guidelines apply. If you're planning ahead for 2012, the guidelines DO NOT apply

The changes for the interim period are designed to minimize impact on taxpayers and protect the integrity of the ITIN process. Final rules will be issued before the start of the 2013 filing season when most ITIN requests come in.

 

My guess is that you'll have a way to file in time for the 2012 filing, and can also file an amended 2011 return at that time. The ITIN request is filed WITH your tax return.

Edited November 22, 2012 by Randy W (see edit history)

[Randy W]

If you actually do still need to file a 2011 return, ask about the temporary, one-year ITIN that they are issuing

 

http://www.irs.gov/u...oreign-Students

 

They HAVE provided a procedure for you to get her passport certified for the 2011 return

 

http://www.irs.gov/uac/Newsroom/Special-Instructions-for-Certifying-Acceptance-Agents-Relating-to-Tax-Year-2011-Extension-Filers

Edited November 22, 2012 by Randy W (see edit history)

[dnoblett]

Sounds like they are cracking down on illegal use of ITIN, unfortunately this causes big headaches for those who have legitimate reasons to get one.

 

Only easy option is to fill 2011 return as married filing sepratly and late file spouse return shortly after arriving in the USA after getting SSN

 

The crackdown on ITIN has to do with illegal aliens in the USA applying for ITINs for children, even ones not living in the USA and then getting inflated refunds with tax credits for each claimed child.

[david_dawei]

She (or you if you were in china) can get this from the US Consulate. It costs $50... here is my story:

 

http://candleforlove.com/forums/index.php?/topic/42282-itin/

[Beachey]

She (or you if you were in china) can get this from the US Consulate. It costs $50... here is my story:

 

http://candleforlove.com/forums/index.php?/topic/42282-itin/

I did the same thing, what I got from the Consulate was titled a certified copy but that was 2 years ago and it sounds like things may have changed.

[Randy W]

She (or you if you were in china) can get this from the US Consulate. It costs $50... here is my story:

 

http://candleforlove...pic/42282-itin/

 

Uhm, David, no! The new policy requires certification - notarization of the copy of the passport is no longer adequate. This will probably become necessary to do this at the consulate, since foreign citizens will need ITIN's.

 

They seem to slowly be coming up to speed on what needs to be done in the different situations - I expect it'll be there in time for the 2012 tax season.

[david_dawei]

ok... we have gone around this circle of certification vs notarization... if you are asking for a copy of something (i.e. passport), then it is a certified copy... it is not a notarization. Am I still missing something?

[Randy W]

ok... we have gone around this circle of certification vs notarization... if you are asking for a copy of something (i.e. passport), then it is a certified copy... it is not a notarization. Am I still missing something?

 

Yes - http://www.irs.gov/u...Requirements-1. The new procedures DEFINITELY affect non-resident alien taxpayers, although the details are still unclear.

 

The IRS released on June 22, 2012, important interim changes to its procedures for issuing new Individual Taxpayer Identification Numbers (ITINs) from now through the end of the year.

 

The consulates MAY already have this issue addressed, or the usual "certification" may suffice - this is not clear from the 'clarifications'. What IS clear is that the procedure is CHANGED effective June, 2012, and that they are offering temporary (one year) ITIN's to people who may have fallen into the cracks. Also that they intend to have the NEW procedure fully sorted out in time for the 2012 tax season.

Edited November 24, 2012 by Randy W (see edit history)

[david_dawei]

Ok Randy... you've answered me "no" and then "yes". All we want to do is give some clear guidance, if any...

 

I said one can get this at the US Consulate and I got two answers from you. My answer stands: Get a certified copy from the consulate, as Beachy confirmed he did, like me.

 

If the changes will not accept this then so be it. One can easily adjust their taxes in the next year. I don't want to cause more angst then necessary.

[Randy W]

Ok Randy... you've answered me "no" and then "yes". All we want to do is give some clear guidance, if any...

 

I said one can get this at the US Consulate and I got two answers from you. My answer stands: Get a certified copy from the consulate, as Beachy confirmed he did, like me.

 

If the changes will not accept this then so be it. One can easily adjust their taxes in the next year. I don't want to cause more angst then necessary.

 

The 'Yes' was that Yes, you are missing something. There is nothing in the IRS clarifications that indicates that the consulates are up to speed with the new procedure. On the contrary, they are allowing temporary 1 year ITIN's for 2011 returns which have yet to be filed.

 

There isn't any clear guidance - they have said they expect to have the NEW procedure figured out later.

 

The question had to do with the NEW procedure, not the old. The O.P. was unclear as to whether he's concerned about filing his 2011 taxes, or his 2012 taxes.

 

Any 'angst' comes from wanting to file jointly, which requires an ITIN, which as of June 22, requires following the NEW procedure.

 

The CLEAR guidance is to NOT go to the PSB Exit & Entry Administration. I expect that whatever filing method he chooses will work just fine. If he chooses to file singly or married filing separate (with an amended return to follow when he can get an ITIN), he can attach an explanation to the I-864 of why he was unable to file with an ITIN.

 

The confusion is with late filing of 2011 returns or amended returns. The procedure for 2012 returns hasn't been sorted out yet.

Edited November 24, 2012 by Randy W (see edit history)

[Randy W]

Trying to clarify - he's PROBABLY not talking about his 2011 returns. His 2012 return will need to wait until the procedures are clarified by the IRS.

 

"eligible taxpayers will be allowed to have their original documents certified by a Certifying Acceptance Agent (CAA)", which may or may NOT include the consulates.

 

I see they have some international agents set up, but none in China - http://www.irs.gov/Individuals/Acceptance-Agent-Program

[Randy W]

There is an IRS office at the Beijing embassy - I expect they will be able to certify the passport copy, also.

[Randy W]

Okay - found this

 

2012 ITIN Review Frequently Asked Questions

 

 

You may be able to request a certified copy of your passport or similar international identification (e.g., Matricula Card) at your local consulate's office.

 

. . .

 

Can my consulate or embassy certify my documents?

You may be able to request a certified copy of documents at an embassy or consulate. However, services may vary between countries, so we recommend that you contact the appropriate consulate or embassy for specific information.

My consulate or embassy wants to know why I need a certified copy of my passport. What should I provided them as proof of requirement?

We recommend that you refer the consulate or embassy to the information on www.IRS.gov or that you download and copy that information and provide it to them.

 

. . .

 

Page Last Reviewed or Updated: 14-Set-2012

[lhp]

Thanks for the various replies. My wife has called the Chinese issuer of her passport (Exit & Entry Administration Ministry of Public Security) and has been told that they do not certify copies of passports. She then got in touch with a law office that provides notarized copies; they also offer a service that we can't find a good translation of…I think it's getting an apostille. That probably wouldn't fly for the IRS either, unfortunately.

 

At this point I think we'll wait for 2012 and the new regs to come out and then file back taxes for 2011. Disappointing that the IRS in Beijing weren't able to help with this.