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ITIN Exceptions - Exception 5 - Reporting Obligations under TD 9363


Most ITIN applications require a U.S Federal Tax return attached as part of the W-7 ITIN application process. However there are limited ITIN exceptions where a U.S. Federal Tax return is not required.

If any of the 5 ITIN exceptions apply to you, then you will not need to attach a U.S. Federal Tax return.

Exception 5 - Reporting Obligations under TD 9363

5. Individuals who are required by law to comply with Treasury Decision 9363 (TD-9363) and who must obtain an ITIN to meet this requirement.

If you’re eligible to claim Exception 5, you must submit Form W-7 and Form 13350 along with a letter from your employer on corporate letterhead stating you have been designated as the person responsible for ensuring compliance with IRS information reporting requirements.

Note: For all exceptions listed above - Federal tax withholding and/or information reporting must take place within the current tax year.

Do I need an ITIN?

Please refer to our blog post "ITIN Number Application" for further information.

A Certified Acceptance Agent (CAA) can assist you in obtaining the correct TIN.

Just Breve are part of the ITIN Acceptance Agent Program. As a Certifying Acceptance Agent (CAA), we are authorised by the Internal Revenue Service (IRS) to assist alien individuals and other foreign persons with obtaining ITINs from the IRS by validating the person’s foreign status and identity.

I think I need an ITIN: Please visit here

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