Filing W-7 ITIN for federal taxes

[Luo_Bin_&_Jialu]

Anyone have info on filing for ITIN? I have the W-7, have our taxes all prepared in a bound book, signed..and a copy of her passport. The question I have, is how the heck do I get the passport notarized? The IRS says that either she goes to the consulate to get a notarized copy, or she sends in the original. They are unsure if a foreign notary will work.

The W-7 form claims it will honor foreign notaries in accordance with the "hague convention" Their is a section of this on the website, I will go and read it now, but..

Does anyone have previous experience with this before I go reading what I am sure is an ambiguous document that ten people will interpret ten different ways?

She can't go to the consulate in Guangzhou because it is a 6 hour ride and she is 7 months and then some pregnant. I can't do it because post 9-11 notary rules limit certified passport copies to the original holder only..

[Luo_Bin_&_Jialu]

So...it looks like it can be notarized by certified agent from Hong Kong or Macao only?

[miker32us]

I just completed this whole process in the end of February and have already received the refund. Fortunately I was in Taiwan for Chinese New Years and knew I was going to have to get copies of my wife's passport notarized/certified so I had it done at AIT in Taipei and I had our marriage certificate and MY passport certified here at a local bank. I shipped all of the forms to the IRS office and they processed them, sent me my wife's new taxpayer ID number and I got the refund a few days later. Very painless except for the $30 I had to pay AIT which is the US State Department for a notary fee.

[LeeFisher3]

Rob, you appear to be caught up in a catch-22 situation on this. You might need to file alone on this run and then ammend the return when you can jump through their hoops at a later date.

[LanBa]

We went through this process last year. Her passport was notarized in her home city of Chongqing's Notary Office where we had our other Chinese documents notarized and the IRS accepted it.

[Randy W]

There is a LOT you can get away with with the IRS (especially if you really are entitled to it), if you just try. The worst (penalty) that could happen if they disallow something is about a 2% (10% annual rate) interest, unless you deliberately lie about something.

 

Either file jointly now (the TIN is the hurdle here - just include what you can - the notary seal may just cut the mustard), Or like Lee says - file an amended return later.

Edited April 12, 2006 by Randy W (see edit history)

[Luo_Bin_&_Jialu]

Thank you for your input. I am going to try the copy, notary, seal from the local office. it looks official enough...

 

Although I will say this..I read the IRS Hague Convention guidelines and technically speaking, only Hong Kong and Macao are officially recognized if one chooses not to use the consulate/embassy to do the deeds...

 

We shall see..I am sure that 1000 people will get away with, and I will be the one that has it rejected

[Yuanyang]

My wife went to the US embassy in Beijing with her and the daughter's passports. She was charged $30.00 for each passport. I used that to amend my 2004 Tax Return; send the amended return and the W7 with the notarized copy of the passports to Philly.

 

It took about 4 to 6 weeks for the ITIN to return.

[Luo_Bin_&_Jialu]

Did anyone have to have an "apostille" attached to the notarized, certified copy of the passport?

[mercator]

We went through this process last year. Her passport was notarized in her home city of Chongqing's Notary Office where we had our other Chinese documents notarized and the IRS accepted it.

206578[/snapback]

I had the documents notarized in China and got a rejection letter in the mail today. I am totally pissed about it. I have 45 days to reply or they give me a temp ITIN for her and remove her exemptions.

 

Nice.

 

Anyway, It was in the nice bound notarized form, and PRC is a Hague Convention member...

 

They told me that the paperwork wasn't original. No way I am sending them the original passport. No way in hell. I know we're going to need it within six months, and I have my doubts we'd ever see it again if I did send it.

 

I am going to call them on Monday and 'discuss' things with them reminding them of the W-7 documentation, the Hague documentation on their own Web site, and hope that works out... *sigh*

 

[LeeFisher3]

We went through this process last year. Her passport was notarized in her home city of Chongqing's Notary Office where we had our other Chinese documents notarized and the IRS accepted it.

206578[/snapback]

I had the documents notarized in China and got a rejection letter in the mail today. I am totally pissed about it. I have 45 days to reply or they give me a temp ITIN for her and remove her exemptions.

 

Nice.

 

Anyway, It was in the nice bound notarized form, and PRC is a Hague Convention member...

 

They told me that the paperwork wasn't original. No way I am sending them the original passport. No way in hell. I know we're going to need it within six months, and I have my doubts we'd ever see it again if I did send it.

 

I am going to call them on Monday and 'discuss' things with them reminding them of the W-7 documentation, the Hague documentation on their own Web site, and hope that works out... *sigh*

 

B)

216941[/snapback]

The IRS will accept a notarized copy of her passport IF it is notarized by a US Consulate, but the don't accept the word of a foreign notary for

this.

 

It's unfortunate, but it's their game.

[Carl]

when I filed the W-7 for my 2004 taxes, the IRS told me that I either had to send them her actual Chinese passport (it would be returned later) or a notarized copy. The notary had to be USnotary. I made a copy of her passport and printed at the top:

 

TRUE COPY OF PASSPORT #XXXXXXXXXXXXXX ISSUED TO_________________

 

and at the bottom:

 

I CERTIFY THAT THE ABOVE IS A TRUE COPY OF PASSPORT ISSUED TO ______________________. MY NOTARY EXPIRES ON _______________.

 

I did that and the IRS accepted it. By the way you will have to file your 1040 with the w-2's, W-7 and the copy of the passport to the ITIN division of the IRS office in Pittsburgh Pa.

 

You can get the address from the IRS toll free number.

[mercator]

when I filed the W-7 for my 2004 taxes, the IRS told me that I either had to send them her actual Chinese passport (it would be returned later) or a notarized copy.  The notary had to be USnotary.  I made a copy of her passport and printed at the top:

 

TRUE COPY OF PASSPORT #XXXXXXXXXXXXXX ISSUED TO_________________

 

and at the bottom:

 

I CERTIFY THAT THE ABOVE IS A TRUE COPY OF PASSPORT ISSUED TO ______________________.  MY NOTARY EXPIRES ON _______________.

 

I did that and the IRS accepted it.  By the way you will have to file your 1040 with the w-2's, W-7 and the copy of the passport to the ITIN division of the IRS office in Pittsburgh Pa.

 

You can get the address from the IRS toll free number.

217015[/snapback]

I sent something along these lines today...

 

Wish me luck...