I need ITIN. I have share in US LLC. Today I learned that LLC accountman can't fill K-1 without my ITIN. And I can't provide tax return for ITIN without K-1? Sounds crazy

[ekaterinalubimova]

I need ITIN for LLC's tax return. But how I can get it without K-1?

[MinhT]

You can obtain an ITIN from the IRS.

Please read this TurboTax FAQ on how to obtain an ITIN:

https://ttlc.intuit.com/replies/3300174

[ekaterinalubimova]

I can't do it without tax return

[MinhT]

Please refer to Critter#2's comment.

[Critter]

See exception 1a on page 9 :   https://www.irs.gov/pub/irs-pdf/iw7.pdf

Form W7:

www.irs.gov/pub/irs-pdf/fw7.pdf

Instructions for Form W7:

www.irs.gov/pub/irs-pdf/iw7.pdf

ITIN Acceptance Agents (US and international)

http://www.irs.gov/Individuals/Acceptance-Agent-Program

To apply for an ITIN from abroad:

http://www.irs.gov/Individuals/International-Taxpayers/Obtaining-an-ITIN-from-Abroad

Additional publications of interest:

http://www.irs.gov/file_source/pub/irs-pdf/p1915.pdf

www.irs.gov/pub/irs-pdf/p 501 .pdf

www.irs.gov/pub/irs-pdf/p 515 .pdf

www.irs.gov/pub/irs-pdf/p519.pdf

[ekaterinalubimova]

I am US resident, and filling tax return jointly with my husband (he have ssn). But both of us need K-1, right?

May be I can Print the tax returns and my K-1 cross off the 999-88-9999 from the SSN field and write "Applying for ITIN; Application attached" next to the SSN field?

[MinhT]

If both of you are partners in the LLC, you will get a K-1 form each. In any case, you'll need to apply for an ITIN using form W-7.

[Critter]

To get the K-1s you must apply for the ITINs first so the partnership return can be filed.

[ekaterinalubimova]

I can't use K-1 with 999-88-9999? Or I can apply without K-1?

[MinhT]

You do not need a K-1 to apply for an ITIN. Please read page 9 of the instructions for form W-7 and use exception 1a.

[ekaterinalubimova]

A copy of the portion of the partnership or LLC agreement - it means copy of our Operating Agreement? But Operating Agreement is not contain the partnership’s employer identification number. And IRS write:

"A copy of the portion of the partnership or LLC agreement displaying the partnership’s employer identification number"

[MinhT]

You can use the IRS letter giving the LLC its EIN when the LLC applied for an EIN.

[ekaterinalubimova]

And 2017 tax return, right?

[Critter]

NOOOOOO ... you will NOT be filing ANY personal tax return with the W-7 at this time !!!!  Get that out of your mind.

All you are doing now is providing the IRS the reason you need an ITIN  which is for the Partnership's return not your personal return.   PLEASE get help if you are still confused ... the partnerships CPA should be able to understand so show him the link to the IRS W-7 instructions.

[ekaterinalubimova]

Ok. IRS write "A copy of the portion of the partnership or LLC agreement showing that you’re a partner in the partnership that is conducting business in the United States" - what it should be? Last pages from Operating Agreement with signatures?