Dependants without ITIN

[GuyBoren]

Hi,
My family is in the US under a type of visa, which makes them non eligible for an SSN. We have a letter from SSA that confirms that.

When I contacted the IRS to ask for an ITIN for the kids, they said in the letter that they were not eligible for an ITIN because they are my dependants.

Now, after examining my annual return, the IRS says that I cannot claim them as dependents without their SSN or ITIN.

So, the question is, are my kids considered dependants or not?

[SwapnaM]

You can claim a non-citizen child as a dependent if they meet the IRS definition of a "qualifying child" and have a Social Security number or ITIN.

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-credits-deductions/claim-dependent/L...

An ITIN, or Individual Taxpayer Identification Number, is a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN). It is a 9-digit number, beginning with the number "9", formatted like an SSN (NNN-NN-NNNN).

https://www.irs.gov/taxtopics/tc857 

You would need to apply for the ITIN with form W-7.  Along with the completed Form W-7, you'll submit identity documents and either a federal tax return or other documentation to show the federal tax purpose for which you need the ITIN.

I am unsure as to why the IRS said that your dependent cannot have an ITIN. 

@GuyBoren Thanks for the question!!

[pk]

@GuyBoren , while agreeing with my colleague @SwapnaM ,  and like her I am wondering  about 

(a) what visa ,

(b) from which country

(c)  the reason given by  IRS for refusal of ITIN .

Generally  ITIN is  ONLY for the purposes of filing a tax return --  so if you are a Resident for Tax purposes ( having met the SPT), and wish to file Married Filing Joint then you definitely need the ITIN for your spouse .  Ditto for the children.  Therefore the need for more info.

I will circle back once I hear from you 

pk

[GuyBoren]

Thank you, pk, for getting back to me!

The visa I have is O1, and my family members have O3. We arrived from Israel.

Per the IRS, my kids are not considered dependants and were rejected from ITIN because they were listed in my return without being claimed for allowable tax benefits. This sounds very weird as they are 6 to 12 years old, living with us, and no one is helping with their expenses.

PS

For my wife, they approved the ITIN