We need information from you to process your form W-7

taxiscomplicated · Post by **taxiscomplicated** » Tue Jun 09, 2015 4:45 pm

Hello all,

I was applying an ITIN for my Canadian spouse and i received this letter.

"We need information from you to process your form W-7"

I have already submitted the certified copy of the Canadian passport when i submitted the form W-7.

Now in this letter it mentions that we need to submit 2 documents to prove the identity and foreign status. If we are sending passport, then we don't need another document.

Of course we are not going to submit the original passport. So what can we submit together with the certified copy of the passport?

taxiscomplicated · Post by **taxiscomplicated** » Tue Jun 09, 2015 5:17 pm

It is exactly this letter.

http://www.irs.gov/pub/notices/cp566_english.pdf

I am thinking of sending the certified copy of the passport. However how can i get a certified copy of a Canadian driver license?

*All documents must be original or certified copies from the agency that issued or
maintains the original records.

taxiscomplicated · Post by **taxiscomplicated** » Tue Jun 09, 2015 5:30 pm

And i found this excerpt from http://www.irs.gov/instructions/iw7/ch01.html#d0e226

"Proving your "foreign status" or â€œidentity.â€ If you submit an original valid passport (or a certified copy from the issuing agency), you do not need to submit any other documents to prove your â€œforeign statusâ€ or â€œidentity.â€"

I did submit the certified copy from the issuing agency.
Anyone else in the same boat as me????

taxiscomplicated · Post by **taxiscomplicated** » Wed Jun 10, 2015 9:41 am

Any advice here?

nelsona · Post by **nelsona** » Wed Jun 10, 2015 9:54 am

Did you contact them at the number listed on the cp566?

taxiscomplicated · Post by **taxiscomplicated** » Wed Jun 10, 2015 10:40 am

i have not contacted them yet. I don't foresee any good outcome from calling them since i read that most of the time they don't know what they want...

nelsona · Post by **nelsona** » Wed Jun 10, 2015 11:05 am

It's a little differnt when you are calling witha specific issue that THEY have asked you to fix.

I agree that cold-calling an IRS telephlunkie with a complex question will usually get you farther from the answer than you started.

You have followed the directions and they ahve said it is not enough. So you need to have them tell you what the actual problem is, not justa form letter.

taxiscomplicated · Post by **taxiscomplicated** » Wed Jun 10, 2015 7:55 pm

So i called them and they say that I have tick Box G Dependent/spouse of a nonresident alien holding a U.S. visa

I am filing 1040NR and my spouse is a Canadian resident. She does not hold any visa.

So what should i do next?

sigh..

nelsona · Post by **nelsona** » Thu Jun 11, 2015 6:56 am

YOU are the one holding the visa.

"Dependent/spouse [her]of a nonresident alien holding a U.S. visa [you].

Which box had you ticked?

taxiscomplicated · Post by **taxiscomplicated** » Thu Jun 11, 2015 10:54 am

I ticked Box G and the operator was saying if you tick box A or G then they need the visa of the spouse....

I am holding the USA visa and my spouse does not have a visa and resides in Canada.

Is this correct or wrong?

nelsona · Post by **nelsona** » Thu Jun 11, 2015 12:27 pm

You tell me. You never mentionned why you are requesting an ITIN.
What status do YOU have in US? Are you a resident alien (by number of days)? Are you filing a 1040 or a 1040NR.

She can get the dependent status for herself at the border if she is Cdn. Bx G presumes that she has at least visited US as your dependent.

If your spouse is not living or travelling to US, then I presume you are wanting to simply get the treaty benefit of the spousal exception, then you would have ticked 'e'
And if If it is simply to lower your US taxes, why bother, you will simply raise your Cdn tax.

Your prioblem has swung from passport copy to which is the correct box to tick.

if all else fails, pick H and explain that as she is allowed by treaty to be claimed as an exemption, regardless of entering US or not.

nelsona · Post by **nelsona** » Thu Jun 11, 2015 12:28 pm

The real quaestion is whether it is worth spending any more time trying to get ITIN, if it is not benefittting you taxwise?

taxiscomplicated · Post by **taxiscomplicated** » Thu Jun 11, 2015 12:50 pm

im filing 1040NR.

with a dependant, i get 1000 back.

So what should is the treaty benefit that i should mention for Box E?

nelsona · Post by **nelsona** » Thu Jun 11, 2015 1:49 pm

Box E is for 1040 filers, not 1040NR.

The $1000 less US tax goes to CRA due to lower foreign tax credit.

Is there a perticular reason, in 18 months that your spouse has not entered US?