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As per ITIN request form W-7, we have to attach our federal return with it, which cannot be filled until we receive Form 1042-S (which I received late in March). This implies that it is not possible for me to have ITIN before the tax filing date for NC, which is April 18. As per NCDOR website, the applicant must have SSN or ITIN for filing tax return, and even for tax payments. Since I don't have that, what can I do to avoid penalties and interest that would be levied on the due amount?

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  • I think you'll need to call NCDOR, explain the situation, and ask them what they want you to do. – Ben Miller - Remember Monica Apr 12 '16 at 11:40
  • Ask for an extension, which typically doesn't even need a reason, but if it does, you have a good one. – Aganju Apr 12 '16 at 12:08
  • @Aganju Even the extension is not an option. For that too, we need SSN or ITIN. – Aditya Virmani Apr 12 '16 at 14:11
  • @BenMiller I did call up NCDOR, and they just said you can't do anything without ITIN. – Aditya Virmani Apr 12 '16 at 14:11
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Today, NCDOR was more helpful than before. They said that in such a case, you can write "Applied for" in the field asking for ITIN in your tax return. For payment of taxes, you can write a cheque, or pay by Money Order. Though, one must be careful here as without SSN or ITIN, you are not eligible to print a Payment Voucher, which is a regular practice.

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You can extend your federal tax return without an ITIN, and this extends your filing due date for the state return automatically.

Check form 4868 (https://www.irs.gov/pub/irs-pdf/f4868.pdf). on page 3, it states: "IRS individual taxpayer identification numbers (ITINs) for aliens. If you are a nonresident or resident alien and you do not have and are not eligible to get an SSN, you must apply for an ITIN. Although an ITIN is not required to file Form 4868, you will need one to file your income tax return."

So you can

  1. apply for a federal extension on form 4868 without an ITIN, then
  2. file your federal taxes on time with the form W-7 to get an ITIN, and
  3. file your state tax once you have the ITIN (and you have time until the extension date)
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  • These forms are for Federal Tax return. They have documented everything properly, which is not the case with State tax return forms. For extension in NC State tax, form is D-410, in which (as per their documents), ITIN or SSN is required. – Aditya Virmani Apr 12 '16 at 14:58
  • @AdityaVirmani, the point is that extending the federal tax automatically extends the state tax. Form D-410 is for extending only state tax. – Aganju Apr 12 '16 at 21:26
  • That's not the case with all the states. As much information I could collect from various sources, certain states follow that practice. But, for states like NC, one has to fill a separate form. – Aditya Virmani Apr 12 '16 at 21:29

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