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New Member
posted Jun 3, 2019 10:34:14 AM

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

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

0 15 3932
15 Replies
Expert Alumni
Jun 3, 2019 10:34:15 AM

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


New Member
Jun 3, 2019 10:34:16 AM

I can't do it without tax return

Expert Alumni
Jun 3, 2019 10:34:18 AM

Please refer to Critter#2's comment.

Level 15
Jun 3, 2019 10:34:19 AM
New Member
Jun 3, 2019 10:34:20 AM

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?

Expert Alumni
Jun 3, 2019 10:34:21 AM

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.

Level 15
Jun 3, 2019 10:34:24 AM

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

New Member
Jun 3, 2019 10:34:25 AM

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

Expert Alumni
Jun 3, 2019 10:34:26 AM

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.

New Member
Jun 3, 2019 10:34:27 AM

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"

Expert Alumni
Jun 3, 2019 10:34:27 AM

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

New Member
Jun 3, 2019 10:34:29 AM

And 2017 tax return, right?

Level 15
Jun 3, 2019 10:34:30 AM

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.

New Member
Jun 3, 2019 10:34:31 AM

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?

Level 15
Jun 3, 2019 10:34:32 AM

Send anything that supports the position the IRS is asking for.