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From what I understand, an SSN or ITIN is required to file a tax return, and when filing with an ITIN, you are ineligible for the EIC and you cannot eFile.

My issue is this: my wife preemptively had an accountant file a W7 on her behalf. It was rejected (presumably because you aren't supposed to file a W7 without a tax return), and she was given a Temporary Tax ID in its place. Am I supposed to list this temporary ID on the return along with a new W7? Do I leave the SSN/ITIN field for my wife blank and file the W7? Or do I have to sort all of this out before I submit my return?

Edit: I called the accountant and the original W7 was filed with box B checked, but without a corresponding tax return. That's probably why the application was rejected (as for why I don't ask the accountant to assist, I like doing things myself... plus this is a sensitive matter, and I don't have much faith in someone who doesn't know how to properly file a W7... then again, he's an accountant, not a tax lawyer).

I called the IRS for clarity on what to put on the tax return, and the rep said to put the temporary tax ID down, as well as submit another W7. However, this leads to another question, which I've read conflicting opinions on:

Can I efile this return? If not, do I send a hardcopy of the tax return along with the W7 to Austin, TX? The IRS rep said that they're supposed to be sent to different places, but the W7 instructions indicate that it needs to have a return attached.

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"I married a nonresident". Well if you want to file jointly, you need to be both residents. Assuming you are a resident, the two of you can elect to treat the nonresident spouse as a resident. –  user102008 Feb 4 '13 at 20:06

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up vote 2 down vote accepted

If you already have an accountant, why is he not dealing with this?

The rules for ITIN applications have recently changed, and it is much more complicated to get one. You need to read the instructions carefully, and follow them. You need to understand why the previous application was rejected. Don't try to guess. Have the accountant call the IRS and ask them, or do it yourself.

ITIN's are now always temporary, and you have to reapply as they expire after 5 years. According to the IRS site (same link), temporary numbers previously assigned (which, it seems, is what you have) are no longer valid.


After your edit I'll add some:

I don't have much faith in someone who doesn't know how to properly file a W7

Most accountants/tax preparers don't know how to do it because they usually don't do it. You can look up local acceptance agents on the IRS web site and contact them. They're trained and certified to know how to do this properly.

Can I efile this return?

No, you cannot.

If not, do I send a hardcopy of the tax return along with the W7 to Austin, TX? The IRS rep said that they're supposed to be sent to different places, but the W7 instructions indicate that it needs to have a return attached.

According to the W7 instructions, you should file the W7 attached in front of your tax return to the Austin, TX processing centre.

Mail Form W-7, your tax return (or other documents required by an exception), and the documentation described in item (3) and listed in the chart under How To Apply, earlier to: Internal Revenue Service ITIN Operation P.O. Box 149342 Austin, TX 78714-9342

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Upvote and accept, good sir! –  Bigbio2002 Feb 8 '13 at 22:37

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