I want to apply ITIN for my child dependent. Should I send the W7 to IRS before filing the tax?

[Opus 17 · Accepted solution]

 Unless you are covered by a special provision or tax treaty, the IRS will not process the W-7 form without a tax return. Read the W-7 instructions very carefully. 

This means that you generally can't e-file the first tax return that contains your dependent, and you may not be able to claim certain tax benefits for that dependent in the first year. But that's the way the law and the rules work.

[limckcal]

Thanks for the reply. That's what happened to me earlier this year as I was trying to efile with Turbo-Tax. I ended up not able to claim for my child. What should I do now in order to claim for my child?

[Opus 17]

What did you do for your 2016 tax return?  And what is your exact situation -- are you on a Visa, what kind; how long has your child lived in the US, etc.

[limckcal]

File 2016 using Turbo Tax without claiming for child as I don't know what to do. I'm on H1B and child is 8 years old H4. Lived in US 4 years now.

[Opus 17]

For 2016 what you should have done is filled out a W-7 application, enclosed the required documentation, print your tax return, and mail them all to the IRS.  That would probably have gotten you the dependent exemption assuming you filed before the April 15 deadline.

I think that in this case, since you are already a US taxpayer and have your own tax number, you can submit just the form W-7 for your dependent without attaching it to a new tax return.  It can't hurt to try, the worst they can do is send it back.

If they do send it back, then you should plan on submitting it for 2017 by printing the W-7 and the tax return and mail them together instead of e-filing.

[Carl]

Yes. Keep a copy of the application form too. If you have not been issued an ITIN before the filing deadline, then you are still required to file on time. But without an ITIN you won't be able to e-file. You'll have to print, sign and mail the return to the IRS. If this happens, then you will also need to include a copy of your ITIN application with your mailed and signed return. Otherwise, the IRS will not process your return at all.