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ITIN Application for Non Resident Alien. Is the Delay Normal?

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Level 3

A client of mine, who is a US citizen got married two years. Her spouse is currently non resident alien. For the 2019, tax season, I advised the client to file MFJ since she is married and for the fact that it will give her better tax advantage than filing single. The client agreed to my suggestion. I assisted her to complete the W-7 and file for ITIN for the non resident alien spouse along with the tax return. She does not owe IRS with this return.

She mailed the ITIN application along with the tax return on July 29. She has since not heard from IRS not even acknowledging receipt of the ITIN application. The client is worried now and is considering refiling as a single filer as she is not sure what has become of her application.

The following are my questions:

1. What are her remedies?. I know refiling as single filer is not a good idea.

2. Does anyone one know other ways to track the status of the ITIN application other than calling 800-267-1040? We have called this number couple of time and did not get any life person to talk to.

3. Has anyone experienced long period of delays for ITIN application for this year?. Is the delay normal? I know due to COVID-19, processing time may be longer, but it's almost 12 weeks now.

Any guidance would be much appreciated.

Thank you.

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1 Solution

Accepted Solutions
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Level 15

I'm guessing there is a refund due. FWIW, I have a client who paper filed a 1040 (it could not be efiled) on July 15. She had not received her refund. Yesterday, the IRS finally said it will be mailed Nov 5. There was no ITIN application involved.

So tell client to just be patient.


ex-AllStar

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5 Replies 5
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Level 15

ITIN applications always take a long time, even pre COVID.

Not only is filing Single a bad idea, it is wrong since she is married.


ex-AllStar
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Level 15

Agree with @sjrcpa.

Judging by your comment about the alternative of filing as single, it is not clear if you understand and have discussed all the technicalities of making this once in a lifetime election as well as the downstream implications.  If not, you may like to do a bit more research or refer the job to an expat tax specialist.

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Still an AllStar
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Level 13

Refiling is a bad idea; the IRS keeps telling everyone to Stop Refiling. If you think things are slow now, wait until the IRS realizes how many filings are Duplicates and they have to wade through all of this. Why would you want to contribute to this issue, when you already suffer the consequences of it.

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"Level Up" is a gaming function, not a real life function.
Highlighted
Level 15

I'm guessing there is a refund due. FWIW, I have a client who paper filed a 1040 (it could not be efiled) on July 15. She had not received her refund. Yesterday, the IRS finally said it will be mailed Nov 5. There was no ITIN application involved.

So tell client to just be patient.


ex-AllStar

View solution in original post

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Level 3

Thanks all for your feedback. Much appreciated. I think I have got the answer I needed from all the responses.

Thank you once again.