Can I e-file while my child doesn't have a ITIN yet?

[rockymountain]

Hi guys, 

This is the first time for me to file tax. My child doesn't have an ITIN yet. I heard that in this case, I cannot do e-file. However, in the TurboTax software, it recommends me to do e-file. So I'm confused now. 

Thanks.

[Opus 17 · Accepted solution]

You can't claim a dependent without either an SSN or ITIN.  Typically, what you do here is print your return and file by mail.  Include a form W-7 ITIN application and all required proofs according to the W-7 instructions, and mail everything to the IRS address for ITIN applications.  After they issue the ITIN and return your proofs, they will process the tax return.  You will file your state tax return by mail after getting the ITIN.

If your child is eligible for a social security number, you should never apply for an ITIN.  Apply for the SSN and don't file your tax return until the SSN arrives, even if it means filing a late tax return.  You can get an automatic deadline extension to October 15. 

[rockymountain]

Thank you very much, Opus!

I have several more questions here.

1. Do you mean that I can get an automatic deadline extension when they receive my W-7 ITIN application?

2. How about the state tax? Will it also be extended automatically? 

3. Can I e-file my state tax return once I got the ITIN?

4. I see the instruction for State Tax return says "Do not attach any Forms(s) W-2.", however, I see the PDF has a form " Wage and Tax Statement W-2"  following the form 540, and It says "Attach this schedule to the back of your original or amended Form 540". Also, I see my W-2 copy has 2 pieces saying "Copy 2 to be filed with employee's State Income Tax Return". So, not sure what to do now.

Thank you!

[Opus 17 · Accepted solution]

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@rockymountain wrote:

Thank you very much, Opus!

I have several more questions here.

1. Do you mean that I can get an automatic deadline extension when they receive my W-7 ITIN application?

2. How about the state tax? Will it also be extended automatically? 

3. Can I e-file my state tax return once I got the ITIN?

4. I see the instruction for State Tax return says "Do not attach any Forms(s) W-2.", however, I see the PDF has a form " Wage and Tax Statement W-2"  following the form 540, and It says "Attach this schedule to the back of your original or amended Form 540". Also, I see my W-2 copy has 2 pieces saying "Copy 2 to be filed with employee's State Income Tax Return". So, not sure what to do now.

Thank you!

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1. If you mail the W-7 with the tax return, they just have to be postmarked by July 15 to be "on time" even though the IRS may be delayed in processing the forms.  But if you want a formal extension, you have to apply separately, although granting it is automatic.  You can file IRS form 4868 online or by mailing a copy by July 15.  

2. You would need to apply separately for a state extension, you should be able to do that in Turbotax online as well.  

3. You won't be able to e-file the state return when you get the ITIN, because as a security precaution you can only e-file a state return at the same time as e-filing a federal return. 

4. Follow the instruction page printed by Turbotax.  "Copy 2" etc on the W-2 is a throwback to when W-2s were a 4 or 5 copy carbon paper form and not all copies were the same quality.  When the printed tax form says "attach" or "staple" the W-2 that relates to paper filing, but if the instructions say you don't have to do that, then you should follow the turbotax instructions instead. 

[rockymountain]

Thank you very much, Opus!

[rockymountain]

Hi, I have sent the file to IRS with my kid's passport for the ITIN. Now, 2 months passed, I have no idea what's going now. I haven't received anything from IRS. Where can I query the status? And how do they give me the ITIN? 

Thank you!

[Critter-3]

ALL things that require human attention are WAYYYY behind in processing due to the covid situation ... don't be surprised if they have not even opened your envelope yet and have no record of the filing yet when you call ...

To check the status of your ITIN, you can call the IRS toll-free at 800-829-1040 if you are in the United States or 267-941-1000 (not a toll-free number) if you are outside the United States.

[Opus 17]

When the I TIN is issued, the IRS will send you a letter and they will also send your proof back. (I would not be surprised if the ITIN and the passport came separately, because the ITIN letter is probably issued by a computer and a human being has to put your child’s passport in the mail.)

[rockymountain]

Thank you so much, Critter! I tried to call 800-829-1040. Didn't find an option to check ITIN status. Seems that all about 1040. And after I input SSN, it said no information for me. So, maybe like you said, they haven't even opened my envelope. Thanks!

[Opus 17]

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@rockymountain wrote:

Thank you so much, Critter! I tried to call [phone number removed]. Didn't find an option to check ITIN status. Seems that all about 1040. And after I input SSN, it said no information for me. So, maybe like you said, they haven't even opened my envelope. Thanks!

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This number was provided to another customer in a different conversation by a Turbotax employee.

If you have already applied for an ITIN and cannot locate your ITIN letter, you can call the  IRS ITIN Hotline at 1-800-908-9982.

[rockymountain]

Thank you very much for this number! I finally get some updates from them. 

Unfortunately, they told me that my application needs 9 weeks more to be processed. However, I need the ITIN for the state TAX return form. And the deadline is coming on Oct 15. 

What should I do now?

[Opus 17]

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@rockymountain wrote:

Thank you very much for this number! I finally get some updates from them. 

Unfortunately, they told me that my application needs 9 weeks more to be processed. However, I need the ITIN for the state TAX return form. And the deadline is coming on Oct 15. 

What should I do now?

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The depends on your state law.  You may have to do some of your own research.

If you are due a refund, there is probably no penalty for filing late.  So I suggest just keep waiting.

If you think you may pay a penalty for filing late, you can remove your child and file now, then file an amended return when you get the ITIN.  For a federal return, this would result in a denial of certain dependent tax credits, because you can only claim those credits if you file an on-time return with the ITIN or SSN.  I don't know what tax benefits you might get in your state for claiming a dependent, and I can't tell you if those benefits will or won't be paid if you file late or file without the child and amend later.

As far as Turbotax is concerned, Turbotax online will shut down after October 20 to get ready for next season. If you are using the online program, you need to download your online data file to your computer, and install a version of Turbotax on your own computer, so that you can continue to use the program after the online shutdown.  If you paid to use Turbotax online, you should be able to get a free download of the software to install on your own computer y calling customer support.

https://ttlc.intuit.com/community/using-turbotax/help/what-is-the-turbotax-phone-number/00/25632

[Anonymous]

contact the state department of revenue.    it is possible that you can just wait to file and there would be no penalties for late filing (generally if you don't owe - call to check if this is true for your state) or file without the dependent and then amend.  

[rockymountain]

Hi, I have got my ITIN for my daughter. However, I don't know how to change it in TurboTax, now looks everything is read-only. (It's [social security number removed] as a place holder now in the 540 form).

Thank you!