Getting An Itin For Your Filipina Wife

[OnMyWay]

This is not about social security but about getting a U.S. ITIN (individual taxpayer ID number) for your wife. You need the ITIN if you want to claim her on your U.S. income tax return.   I was not sure where to put it so I am dumping it here.  If a mod thinks it fits better somewhere else, please move it.  

 

Note:  The rules I state here have some exceptions for military, so dig into it if you need to.

 

https://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-ITIN

 

Apparently they changed the rules a year or two ago, and now the applicant (my wife) has to send in the ORIGINAL IDs to the IRS and they return them.  The exception is if you go to to an IRS acceptance agent, where they verify the ID and you don't have to send it in.  I really did not want my wife's passport or other ID floating around in the mail system, so I looked into the agents.  There are 3 acceptance agents in the Philippines.

 

https://www.irs.gov/Individuals/Acceptance-Agents---Philippines

 

Yesterday, we visited the agent in Angeles, which is at the RAO (Retiree Activities Office).  Kind of a hole in the wall that we had a hard time finding (not really that hard, let me know if you need some advice for finding it) but they have some nice folks there.  This is their web site.  Click on the newsletter links in the middle of the page for a lot of great expat information.

 

http://www2.mozcom.com/~rao_cabr/

 

The Filipina we spoke to must have been the agent and she knows all about getting the ITIN.  She is there from 1200-1330 everyday.  She verified what I had read (but didn't believe) and explained the process we would use to get the ITIN through them.  Here are the steps we will use to get the ITIN this first time.

 

1.  Prepare the tax return the ITIN will be used for, in this case my return.  Leave the ITIN blank.  In my case my CPA in the U.S. will do it and e-mail it to me.

2.  Print out the return, sign it, etc.  You can't file electronically the first time you get the ITIN.

3.  Fill out the W7 ITIN request and attach it to the return.

4.  Bring all of this to the agent along with the IDs to be used (read the rules on IDs).

5.  The agent will verify everything and return all the IDs to you.

6,  This part might vary by agent.  The RAO has special USPS service.  They will mail the return and W7 for you, bypassing the Philippine postal service.  You probably have to pay for the stamps.  Note that the IRS address is not the normal filing address when you are getting an ITIN.

7.  The IRS will process the W7 and assuming that the ITIN is granted, put it on the return.  The return then gets normal processing, normal direct deposit of refund, etc.

8.  A copy of the ITIN number confirmation letter is sent to the agent and the taxpayer.  The agent will probably get it long before I do, due to their special mail.

 

After the first time, you have the ITIN and you can go back to filing electronically.  If you don't use it for 5 years, it will expire and you have to get a new one.

 

Hope this helps someone!

 

 

 

 

[earthdome]

I went through that in 2014 for the year 2013 income taxes. Initially I filed an extension so I would have more time to get all the documentation ready to file the W-7. In the fall of 2014 we were able to take care of everything ourselves. We had to send the completed paperwork via FedEx. No need for the ITIN for us anymore since my wife now has a permanent resident visa and an SSN.

 

It sure was nice to get an extra $1800 back from the taxes I had paid. 

 

Sounds like a great deal more work to get the ITIN now than when I did it in 2014.

Edited January 30, 2016 by earthdome

[Mike S]

The Filipina we spoke to must have been the agent and she knows all about getting the ITIN

 

OMY if the girl you refer to is Leony Arceo she is the secretary to the guy that is the actual agent she has been with him for many many years and as he is in his seventies (I believe) she handles everything .... we did ours years ago and just sent them J's passport and other info by LBC which the promptly sent back .... however we did not use it again after the first 2 years so it may have expired by now ..... I was not aware of the 5 year rule ....  :thumbsup: 

:cheersty:

[OnMyWay]

 

The Filipina we spoke to must have been the agent and she knows all about getting the ITIN

 

OMY if the girl you refer to is Leony Arceo she is the secretary to the guy that is the actual agent she has been with him for many many years and as he is in his seventies (I believe) she handles everything .... we did ours years ago and just sent them J's passport and other info by LBC which the promptly sent back .... however we did not use it again after the first 2 years so it may have expired by now ..... I was not aware of the 5 year rule ....  :thumbsup:

:cheersty:

 

 

There was a very old guy sitting in back of her listening and nodding and smiling once in a while.  He must be in his 80's at least.  That was probably him.  Nice people.

[Tukaram (Tim)]

I just looked at my taxes and if I claim her i get back nothing, but owe nothing.  I do not claim her I owe $89.  Trying to think if it will be worth getting the ITN or not. When I retire, in 3 years, I will have to start filing every year again, and may as well have it then.  Just not sure if it is worth bothering with yet...    :tiphat:

[MikeB]

If you have assets in the US and your spouse is a non-resident alien they will need a US tax identification number to claim the assets if listed as beneficiary; either a SSN or ITIN. That will greatly delay any distributions - https://www.irs.gov/Individuals/International-Taxpayers/Frequently-Asked-Questions-About-International-Individual-Tax-Matters

(about 3/4 of the way down)

I got mine an ITIN about 3 years ago I think.

 

[OnMyWay]

I just looked at my taxes and if I claim her i get back nothing, but owe nothing.  I do not claim her I owe $89.  Trying to think if it will be worth getting the ITN or not. When I retire, in 3 years, I will have to start filing every year again, and may as well have it then.  Just not sure if it is worth bothering with yet...    :tiphat:

 

I had my CPA check into it and with my income scenario this year, it is best that we file jointly, thus she needs the ITIN.

[jon1]

Glad to hear that it worked out for you OMW. I did the same thing last year, it took almost 6 weeks for the ITIN to be assigned and another 8 weeks for the tax return to be processed. Also, I received a hard check as I was filing a tax return adjustment.

[OnMyWay]

I was not aware of the 5 year rule ....

 

Here is the link for the 5 year rule, in case any of you are impacted.  It just started this year.

 

https://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-ITIN

[OnMyWay]

If you have assets in the US and your spouse is a non-resident alien they will need a US tax identification number to claim the assets if listed as beneficiary; either a SSN or ITIN. That will greatly delay any distributions - https://www.irs.gov/Individuals/International-Taxpayers/Frequently-Asked-Questions-About-International-Individual-Tax-Matters

(about 3/4 of the way down)

I got mine an ITIN about 3 years ago I think.

 

This statement and this other topic:

 

http://www.philippines-expats.com/topic/24558-a-seldom-discussed-conjugal-topic/

 

really got me thinking about how to protect my assets from those who don't deserve them, including the IRS.  I think I read before that an overseas alien spouse would have to U.S. pay taxes on any assets she gets from your estate.  If true, double taxation at it's worst.  If I can dig up some facts, it would be worth a new topic.