- 11 - I.R.C. � 6109(d) provides as follows: Use of social security account number The social security number issued to an indi- vidual for purposes of section 205(c)(2)(A) of the Social Security Act shall, except as otherwise specified under regulations of the Secretary, be used as the identifying number for such individual for purposes of this title [Title 26, the Internal Revenue Code]. An individual thus may use a TIN other than an SSN only when such use is expressly authorized by the treasury regulations. Under those regulations, only three types of TIN are used to identify individual persons (who are not also employers): “Social security numbers, IRS individual taxpayer identification num- bers, and IRS adoption taxpayer identification num- bers.” Treas. Reg. � 301.6109-1(a)(1)(ii). An IRS individual taxpayer identification number (or “ITIN”) generally is assigned only to a nonresident alien, but in some cases, may be assigned to a resident alien. See Treas. Reg. � 301.6109-1(g)(iii). Both of your children are citizens and residents of the United States, and therefore are ineligible for an ITIN. You apparently concede as much by the manner in which you altered each Form W-7. We note that Form W-7 expressly states “Do not submit this form if you have, or are eligible to obtain, a U.S. Social security number (SSN”). As U.S. citizens and residents, your children plainly are legally eligible to obtain SSN. Because your children have not been placed for adoption, they are also ineligible for an IRS adoption taxpayer identification number. See Treas. Reg. � 301.6109-3. Thus, under I.R.C. � 6109(d) and the applicable regulations, SSN are the only possible EIN for your children. The IRS has no legal authority to assign your children EIN, and accordingly will take no action on the altered Forms W-7 you sent to this of- fice. The IRS also cannot waive the EIN requirements of sections 151(e) and 24(e). In sum, your refusal to provide SSN for your children to the IRS bars you from claiming dependency exemptions or a child tax credit for your children. * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011