ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

Forum|Forum|2 years ago
April 8, 2024
1 reply
0 views

I am in the J1 visa category, and my children are in the J2 visa category, aged 7 and 12. They have been with me for more than 300 days in the last year. I filed a tax return (jointly married filing) using the 1040 form for 2023, along with an ITIN-W7 application to the IRS office in Cleveland, Ohio. I claimed a tax benefit under Schedule 8812 in the 1040 form and mentioned my kids' names on the form where the ITIN column indicated Applied (the original W7 was enclosed with the filing).

After six weeks, the ITIN application was rejected, and I received a standard letter stating two reasons:

1. I did not include a completed and signed US Federal income tax return

2. I either wasn't listed on an attached U.S Federal Income Tax Return, or I was listed but not claimed for any allowable tax benefit.

However, I compelted and signed 1040, attached the W7, and claimed Schedule 8812 for child tax credit

Now the IRS has sent a letter stating that I have to pay additional tax because my child does not have an ITIN. I reapplied with their rejection letter.

How can I obtain an ITIN and get the tax benfit for 2023 .. your suggestion will be highly appreciated

Best answer by SusanY1

Hello,

I already filed 1040 Filed Jointly (J1 and J2) and W7 is re-submitted along with 2023 filed returned.

Can i still be allowed to submit Form 4868?

Thanks & looking for your suggestion

Yes, you can still submit the 4868. Since you would have printed your return to mail in, TurboTax should allow you to file it electronically. However, if you have any issues with that you still have time to mail it in. It would just need to be post marked prior to or on April 15.

pk12_2

Employee

@sundargba , first Namaste;

Second, TurboTax provides only tax prep and transmittal service. The ITIN issuance is ONLY done by IRS.

Third, are a J-1 teacher/researcher or student/trainee --- what I am trying get to is if you are a Resident for Tax purposes and therefore must file form 1040 OR a Non-Resident Alien and must file form 1040-NR.

When did you enter the USA with J-1 ?

Did your family enter at the same time?

Are you married to another NRA or to a US person ( citizen/GreenCard / Resident for Tax purposes ?

If you arrived in 2022, how did you file your return for calendar year 2022 ?

I will circle back once I hear from you ?

sundargbaAuthor

Thank you for your response.

I arrived here in January 2022, while my spouse and children joined me in July 2022.

For the 2022 tax return, my spouse obtained an SSN and filed a joint return, submitting a W7 for our child. However, it was rejected twice due to the absence of a child tax credit claim.

For the 2023 tax return, we filed a joint return as married, using Form 1040, and claimed the child tax credit, noting it as "Applied." We also submitted a W7 for the children along with the return.

As for the 2023 tax return, we have been in the USA for almost 300 days.

We have resubmitted the W7 with the 1040 form now, as we didn't file Form 1040 NR, having filed jointly as married.

Additional Question: Can I file tax extension Form 4868 after filing Form 1040, considering the W7 for my kids is still in process? Your response is highly appreciated.

SusanY1

Yes, you can file Form 4868 since the ITIN application is in process, and it is a good idea to do so. The IRS should use the date your return was received with the ITIN application as the date your return was also received, but that is a manual process and as such there is room for error.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"