notorization of passport

[LeAnn]

LeAnn is my wife, we just got married. I want to put her name on this years tax returns but without a social security number I don't know if I can, she has heard or read that if can get her passport notorized then I can do this? Does anybody know anything about this? Also, how or where do we go to get her passport notorized, we have already tried the US Consulate.

[Randy W]

Filing Jointly While Your Spouse is in China or Otherwise Ineligible for an SSN

 

You will need an Individual Taxpayer Identification Number (

ITIN

). See

http://www.

irs

.gov/individuals/article/0,,id=96287,00.html

 

IRS

issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a

SSN

, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an

ITIN

.

 

Documents acceptable for identification include the passport, or two of the other documents listed at

http://www.

irs

.gov/individuals/article/0,,id=96287,00.html

(e.g., National ID, driver's license, birth certificate). Note that these must be the original documents, or notarized copies. Since China is not a party to the Hague Convention, a copy of the document must be notarized either at a Consulate, or here in the

US

. Originals may be mailed in (they will be returned, although this is not recommended), or may be taken to an

IRS

office.

 

Apply using Form

W-7

,

Application for

IRS

IndividualTaxpayer Identification Number

, which must be attached to an income tax return and mailed to the

ITIN

Operation Service Center in Austin, TX. Use this address for both the

W-7

and the return instead of the one listed in the instruction book.

 

For your first year filing jointly, you will want to get a copy of Publication 519, U.S. Tax Guide for Aliens, particularly if the foreign spouse has income in China that needs to be reported. The First Year Choice may allow you to declare your spouse a nonresident alien for part of the year, and a resident for the rest, which

can

have big advantages if your spouse has substantial reported income in China.

 

As long as you are married on Dec 31 of that year, you should be able to file married filing jointly, even if your spouse is classified a non-resident alien for the entire year. This is usually the best option for those of

us

whose spouses have had no reportable income for the tax year. This option allows you to file a married filing jointly return with no complications except for the

ITIN

.

 

From Publication 519:

Nonresident Spouse Treated as a Resident

 

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you

can

choose to treat the nonresident spouse as a U.S. resident.

 

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse

can

claim under any tax treaty not to be U.S. resident. b]You are both taxed on worldwide income.

[/b]

You must file a joint income tax return for the year you make the choice, but you and your spouse

can

file joint or separate returns in later years.

 

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

 

• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

The notation:

Consular offices at U.S. Embassies and Consulates overseas may not certify true copies of foreign public documents and will refer applicants to the foreign authority that issued the document.

was added to the

W-7

instructions in March, 2009. At last report, the Beijing Embassy and Shanghai consulates were willing to notarize "true copies", Guangzhou was not.

[xiaofeizhu]

Randy gave good info. I was able to get my hubby into the Beijing Embassy to have his passport notarized for this purpose. I got the ITIN and filed jointly. I am not sure what part of the process you are in, but it's nice to file joint (not only for the tax benefits) so that when you interview the vo sees that you have already put her on your return.

[LeAnn]

Filing Jointly While Your Spouse is in China or Otherwise Ineligible for an SSN

 

You will need an Individual Taxpayer Identification Number (

ITIN

). See

http://www.

irs

.gov/individuals/article/0,,id=96287,00.html

 

IRS

issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a

SSN

, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an

ITIN

.

 

Documents acceptable for identification include the passport, or two of the other documents listed at

http://www.

irs

.gov/individuals/article/0,,id=96287,00.html

(e.g., National ID, driver's license, birth certificate). Note that these must be the original documents, or notarized copies. Since China is not a party to the Hague Convention, a copy of the document must be notarized either at a Consulate, or here in the

US

. Originals may be mailed in (they will be returned, although this is not recommended), or may be taken to an

IRS

office.

 

Apply using Form

W-7

,

Application for

IRS

IndividualTaxpayer Identification Number

, which must be attached to an income tax return and mailed to the

ITIN

Operation Service Center in Austin, TX. Use this address for both the

W-7

and the return instead of the one listed in the instruction book.

 

For your first year filing jointly, you will want to get a copy of Publication 519, U.S. Tax Guide for Aliens, particularly if the foreign spouse has income in China that needs to be reported. The First Year Choice may allow you to declare your spouse a nonresident alien for part of the year, and a resident for the rest, which

can

have big advantages if your spouse has substantial reported income in China.

 

As long as you are married on Dec 31 of that year, you should be able to file married filing jointly, even if your spouse is classified a non-resident alien for the entire year. This is usually the best option for those of

us

whose spouses have had no reportable income for the tax year. This option allows you to file a married filing jointly return with no complications except for the

ITIN

.

 

From Publication 519:

Nonresident Spouse Treated as a Resident

 

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you

can

choose to treat the nonresident spouse as a U.S. resident.

 

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse

can

claim under any tax treaty not to be U.S. resident. b]You are both taxed on worldwide income.

[/b]

You must file a joint income tax return for the year you make the choice, but you and your spouse

can

file joint or separate returns in later years.

 

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

 

• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

The notation:

Consular offices at U.S. Embassies and Consulates overseas may not certify true copies of foreign public documents and will refer applicants to the foreign authority that issued the document.

was added to the

W-7

instructions in March, 2009. At last report, the Beijing Embassy and Shanghai consulates were willing to notarize "true copies", Guangzhou was not.

Thank you so very much for the insight. I was trying to get them to certify the passport itself. My mistake.

[LeAnn]

Randy gave good info. I was able to get my hubby into the Beijing Embassy to have his passport notarized for this purpose. I got the ITIN and filed jointly. I am not sure what part of the process you are in, but it's nice to file joint (not only for the tax benefits) so that when you interview the vo sees that you have already put her on your return.

Thank you very much for your answer, I just have one question, did your husband get his passport certified or a copy of the passport?

[Shanghai John]

I doubt anyone would "notarize" your passport. A notary is a witness the signing of a document, swearing by their office that the person signing the document is the actual person it's supposed to be.

 

A passport has your picture, biometrics, and other specific data already, (and a signature if I'm not mistaken, I don't have mine handy), so notarizing it would be sort of a moot point.

[a2784]

Randy gave good info. I was able to get my hubby into the Beijing Embassy to have his passport notarized for this purpose. I got the ITIN and filed jointly. I am not sure what part of the process you are in, but it's nice to file joint (not only for the tax benefits) so that when you interview the vo sees that you have already put her on your return.

Thank you very much for your answer, I just have one question, did your husband get his passport certified or a copy of the passport?

You only need a norarized copy of the passport stating that it is a true and accurate copy of the original.

 

Randy give very accurate information here. GUZ will only notarize the copy of the passport is a true and accurate copy of the original passport after the Chinese authority's have certified that it is a real and legitimate document. You can get the "long" procedure from the website or by emailing them.

 

However the Beijing embassy and other consulates in China will still notarize a copy of the passport as being a true and accurate copy which is all you need to the ITIN. They even include on the notary statement that it is for the purposes of getting an ITIN from the IRS.

 

There are some other topics/posts regarding this subject on the board. Search for ITIN or taxpayer number. I got a notarized copy of my wifes from Beijing this year and had no problem getting her ITIN.

 

The notation:

QUOTE

Consular offices at U.S. Embassies and Consulates overseas may not certify true copies of foreign public documents and will refer applicants to the foreign authority that issued the document.

was added to the W-7 instructions in March, 2009. At last report, the Beijing Embassy and Shanghai consulates were willing to notarize "true copies", Guangzhou was not.

[Shanghai John]

You only need a norarized copy of the passport stating that it is a true and accurate copy of the original.

 

Ahhh, now that makes sense. I was thinking "notarized passport!?!?" but I can see notarizing photocopies of it.

[xiaofeizhu]

Randy gave good info. I was able to get my hubby into the Beijing Embassy to have his passport notarized for this purpose. I got the ITIN and filed jointly. I am not sure what part of the process you are in, but it's nice to file joint (not only for the tax benefits) so that when you interview the vo sees that you have already put her on your return.

Thank you very much for your answer, I just have one question, did your husband get his passport certified or a copy of the passport?

 

 

As others have said, it is a notarized copy of the passport. I believe they call it a certified copy or something like that. Basically, all they do is take her passport, copy it, and then attach a notarized seal saying it is a true copy. We brough copies for them to certify but they copied it themselves and attached their seal of goodness

[LeAnn]

Thank you one and all for your input.

[nevermind65]

What about my wife's daughter? Can you claim and exemption on her also and do you need a notarized copy of her Passport?

[LeAnn]

What about my wife's daughter? Can you claim and exemption on her also and do you need a notarized copy of her Passport?

 

My guess would be yes. If you are helping to support her then you should be able to claim her along with your wife. Yes you will need a notorized copy of her passport.