W-7 , how to fill up Treaty country and treaty article number

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

Post Reply
mfradkov
Posts: 13
Joined: Thu Dec 12, 2019 12:58 pm

W-7 , how to fill up Treaty country and treaty article number

Post by mfradkov »

I am renewing an existing ITIN by form W-7.
I checked box "a" - nonresident alien required to get an ITIN to claim treaty benefit.
Now I have to "Enter treaty country" and "treaty article number".

Please, help with these entries!
I am Canadian and live in Canada.
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: W-7 , how to fill up Treaty country and treaty article number

Post by nelsona »

Well. what treaty benefit are you claiming? Most use another category when requesting ITIN.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
mfradkov
Posts: 13
Joined: Thu Dec 12, 2019 12:58 pm

Re: W-7 , how to fill up Treaty country and treaty article number

Post by mfradkov »

It is to apply to a social security benefits, first of all
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: W-7 , how to fill up Treaty country and treaty article number

Post by nelsona »

so that is not a treaty benefit.

How are you eligible for Social Security?

If that is the only reason to get an SSN, perhaps the SSA will issue one to you for the purpose of receiving Social security.

Otherwise, you need to be filing a US tax return to get an ITIN.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: W-7 , how to fill up Treaty country and treaty article number

Post by nelsona »

I believe you are already receiving Social security, so why the sudden need for an ITIN?
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: W-7 , how to fill up Treaty country and treaty article number

Post by nelsona »

You also stated earlier you worked on TN. You would have had to have a SSN to do this.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
mfradkov
Posts: 13
Joined: Thu Dec 12, 2019 12:58 pm

Re: W-7 , how to fill up Treaty country and treaty article number

Post by mfradkov »

My spouse get SS benefits.
I am going to apply for the same . As I know I have option to get 50% of my spouse SS benefit.
To apply I need ITIN.

I think, in this case, I need to mark b-Nonresident alien, filling a U.S. federal tax return
mfradkov
Posts: 13
Joined: Thu Dec 12, 2019 12:58 pm

Re: W-7 , how to fill up Treaty country and treaty article number

Post by mfradkov »

I wrote above question on behave of my wife.
Sure, I have SSN and I have SS benefits.
Now, I start paper work for my wife to apply for the same SS benefits.
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: W-7 , how to fill up Treaty country and treaty article number

Post by nelsona »

Well, are you filing a US tax return? A W-7 is attached to that return. If you are not filing, then that is not a reason to file W-7
)AS I said, IF your spouse is entitled to SS, then SSA will tell her whether she needs an SSN number, and whether they will give it to her for that reason. That would be a better approach than trying to come up with a fake/incorrect reason to get an ITIN, which would likely be rejected and delay matters. If she had an ITIN previously, she could try reactivating it (which requires either filing a tax form, or finding an exception -- which you do not seem to have), but I would try SSA first.

Just a quick question: Are you getting SS based on having contribyuted 40 quartes, or are you using Totalization to make up the shortfall?
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
mfradkov
Posts: 13
Joined: Thu Dec 12, 2019 12:58 pm

Re: W-7 , how to fill up Treaty country and treaty article number

Post by mfradkov »

I have SSN ,get SS benefits, IRA, and do 1040NR form every years.

I am going to prepare needed papers for my wife to get SS benefits.
It looks as I need to start with the application for SS benefits and read it carefully.

Thanks, for unformal help. I will postpone with this question and maybe continue later.
Post Reply