I have filed for my 2012 return as "married filing jointly". Both myself and my wife have SSN. I applied for the ITIN of my daughter, when I had filed for my return this month. As per the new laws, I only sent the notarized passport of my daughter and did not send original passport of my daughter.

My question is -

The ITIN Application (W7) should get rejected as I have not provided with original document, but what would happen to the Tax Return (I mean the rest of the refund) Will I get the rest of the refund (barring the deduction for my child, child tax credit etc ) ? OR, IRS would hold back all the refund till I re-submit the W7.

Kindly let me know..

Thanks Biswadeep

When they reject the ITIN, they will put the return "on hold" while you try to send either the certified photocopies or the actual passport.

If you fail to do so within the time limit, they delete the child on the return and process the return without her exemption or the Child Tax Credit. You will then have to amend the return when you re-apply for the ITIN with the correct documentation.

If IRS sends me the CP566 (to my understanding IRS would reject the ITIN application, by sending CP567, only when they do not receive satisfactory response within 45 days of sending the CP566) asking for more documentation for the ITIN (original passport for daughter), can I just tell them to reject the ITIN and process the return without child deductions and refund the balance amount ? I can anyway re-file for the ITIN with a 1040X at a later date (within 3 years).. Kindly advise.. Thanks.

Yes, you can call and tell them to process without the child, but WHY? You have gone to the trouble of completing and submitting the paperwork. Take the final step and get them the certified photocopy of the passport, because that requirement is NOT going away.

Hi,

I filled a marriage joint tax returns on 10th April 2013 though a tax consultant along with an application for ITIN for two kids plus their original birth certificates and medical reports. On 20th May I received a notice from IRS for kids original/certified passports as already provided documents are not sufficient to the requirements. On June 1st I sent the original documents to them, according to USPS, June 3rd reached IRS office. But, on Jul 18, I got a letter from IRS saying application for ITIN of two kids rejected as they did not receive the documents they asked.

Could you please suggest me how can I proceed in this situation. At this moment I am trying to call them, but could not get the connection so far, though waiting for an hour :-(

Thanks in adavance
Hari

Hari,

It is because of the problems you are having that I have recommended to client to get their passports certified at IRS Tax Assistance Centers where such documents CAN be authenticated.

For you, I can only recommend that you keep calling.