Sergei Tokmakov, Attorney β California Bar #279869
What is an ITIN?
An Individual Taxpayer Identification Number (ITIN) is a nine-digit tax processing number issued by the IRS to individuals who are required to have a US taxpayer identification number but are not eligible for a Social Security Number (SSN).
ITINs are formatted like SSNs (XXX-XX-XXXX) but always begin with the number 9 and have a 7, 8, 70-88, 90-92, or 94-99 in the fourth and fifth digit positions.
ITIN vs. EIN - Know the Difference
An ITIN is for individuals. An EIN (Employer Identification Number) is for businesses. If you own a US LLC or corporation, your business needs an EIN, and you personally may or may not need an ITIN depending on your tax situation.
When Do You Need an ITIN?
Not every foreign investor needs an ITIN. Here are the common situations where you will need one:
You Definitely Need an ITIN If:
- You receive US rental income - Rental income from US real estate requires you to file a US tax return
- You sell US real estate - Capital gains require filing, and FIRPTA withholding may need to be reported
- You are a partner in a US partnership - Multi-member LLCs taxed as partnerships require each partner to have a tax ID
- You elect to be treated as a US tax resident - Some foreign nationals make this election for tax benefits
- You are claimed as a dependent - Foreign dependents on US tax returns need ITINs
- You want to claim tax treaty benefits - Claiming reduced withholding rates often requires an ITIN
You Probably Do NOT Need an ITIN If:
- You own a single-member LLC that only does business outside the US
- You only trade US stocks through a foreign brokerage
- You are simply investing through a foreign corporation
- You have no US-source income requiring a tax return
Common Misconception
You do NOT need an ITIN just to open a US bank account for your LLC. Your business EIN is sufficient for business banking. An ITIN is only required when you personally have US tax obligations.
How to Apply for an ITIN
There are three ways to apply for an ITIN. The right method depends on your location, timeline, and whether you want to keep your original passport documents.
Option 1: Certifying Acceptance Agent (CAA)
A CAA is authorized by the IRS to verify your identity documents and submit your application. This is the most convenient option for most foreign investors.
- No need to mail your original passport
- Agent reviews documents in person or remotely
- Processing time: 7-11 weeks
- CAA fees typically $100-300
- Find a CAA at IRS.gov
Option 2: IRS Taxpayer Assistance Center
Visit an IRS office in the US in person to submit your application. Best if you are already traveling to the United States.
- Bring original documents for verification
- Documents returned immediately after review
- Processing time: 7-11 weeks
- No additional fees beyond travel costs
- Appointment required at most locations
Option 3: Mail Application to IRS
Mail Form W-7 directly to the IRS with your tax return. Least expensive but requires sending original documents.
- Must mail original passport or certified copy
- Documents returned after processing
- Processing time: 7-11 weeks
- Risk of document loss in mail
- No additional fees
Recommended: Use a Certifying Acceptance Agent (CAA)
If you are a foreign applicant located outside the United States, we strongly recommend using a Certifying Acceptance Agent (CAA). A CAA is authorized by the IRS to verify your identity documents, which means you do not need to mail your original passport to the IRS. CAAs can often review your documents remotely via video call, making the process faster and more secure for international applicants. You can find IRS-authorized CAAs at IRS.gov.
Required Documents
ITIN Application Checklist
Document Certification Requirements
If mailing your application, documents must be original or certified by the issuing agency. Notarized copies are NOT accepted by the IRS for ITIN applications. Only CAAs and some US embassies can certify passport copies for ITIN purposes.
Passport Date-of-Entry Requirement
Passports without a date of entry into the United States are NO LONGER accepted by the IRS as a standalone identification document for ITIN applications. If your passport does not contain a US entry stamp, you must provide additional supporting documentation (such as a visa, US arrival records, or other secondary ID documents) or use a Certifying Acceptance Agent (CAA) to authenticate your documents.
Applying Without a Tax Return
In most cases, you must attach a federal tax return to your ITIN application. However, certain exception categories allow you to apply without a tax return:
| Exception | Who Qualifies | Documentation Needed |
|---|---|---|
| Third-Party Withholding | Receiving US income subject to withholding (dividends, royalties, etc.) | Letter from withholding agent on letterhead |
| Tax Treaty Benefits | Claiming reduced withholding under a tax treaty | Letter from withholding agent explaining treaty claim |
| Passive Investments | Foreign partners in US partnerships for tax year reporting | Partnership letter or K-1 |
| Mortgage Interest | Reporting mortgage interest for US property | Lender letter confirming ITIN needed |
| Real Estate Transactions | Disposing of US real property interest | Sales contract or FIRPTA withholding statement |
Processing Time and What to Expect
Timeline
- Normal processing: 7-11 weeks during tax season (January-April) from receipt of complete application
- Off-season processing: May be faster outside of peak filing months
- Incomplete applications: Add 4-6 weeks for IRS correspondence
Upcoming Tax Deadlines
March 16, 2026: Filing deadline for partnerships (Form 1065). April 15, 2026: Filing deadline for individual returns (Form 1040-NR). Plan your ITIN application early -- processing takes 7-11 weeks, so apply well in advance of these deadlines.
After You Apply
The IRS will mail your ITIN assignment letter (CP565) to the address on your Form W-7. If your application is incomplete, they will send a notice explaining what additional information is needed.
Check Application Status
After 7 weeks, you can call the IRS ITIN hotline at 1-800-829-1040 to check your application status. Have your Form W-7 ready when you call.
ITIN Expiration and Renewal
ITINs expire if not used on a federal tax return for three consecutive years. If your ITIN has expired, any tax return filed with an expired ITIN will be processed, but no exemptions or credits will be applied until the ITIN is renewed.
Pre-2013 ITIN Expiration Schedules
ITINs with middle digits 70-87 (issued before 2013) have specific expiration schedules set by the IRS and may already be expired. These ITINs must be renewed before they can be used on a tax return. Renewal uses the same Form W-7 with the "Renew" box checked. You can renew your ITIN at any time during the year.
Penalty Warnings for Late Filing
Form 1065 (Partnership Returns): Late filing penalty is $235 per member per month (up to 12 months). For a 2-member LLC, this reaches $5,640 if 12 months late.
Form 5472 (Foreign-Owned US Entities): Failure to file carries a penalty of $25,000 per return. Foreign-owned single-member LLCs are required to file Form 5472 with a pro-forma Form 1120. Do not delay your ITIN application -- these penalties accrue quickly.
Need Help With Your ITIN Application?
I work with Certifying Acceptance Agents and can guide you through the ITIN process as part of your US investment structure. Schedule a consultation to discuss your situation.
Sergei Tokmakov, Attorney β California Bar #279869