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CREATIVE SOLUTIONS TO 

CROSS BORDER TAX ISSUES 

Mark T. Serbinski, CPA's are Certifying Acceptance Agents

As Certifying Acceptance Agents, the firm of Mark T. Serbinski Certified Public Accountants can expedite the issuance of Individual Taxpayer Identification Numbers (ITIN's) or Employer Identification Numbers (EIN).

What Does This Mean For Our Clients?

Any applicant for an ITIN must submit certain specified ORIGINAL identification proving identity and alien status, before an ITIN is issued. Normally, this original identification must be taken to an office of the Internal Revenue Service, sent to the IRS ITIN Unit in Philadelphia, or conveyed to a Certifying Acceptance Agent for review.

This means that rather than sending ORIGINAL identification documents to an IRS office, our clients may provide that information to us, and we can expedite the issuance of an ITIN.

In the case of an EIN, normally required by a corporation or business entity doing business in the United States, a form SS-4 must be completed. As Certifying Acceptance Agents, the firm of Mark T. Serbinski Certified Public Accountants can apply for an EIN on your behalf, upon receipt of a Power of Attorney from you.

Procedures for Obtaining an ITIN

The ITIN is for tax purposes only.  It does not entitle the bearer to social security benefits, and creates no inference regarding immigration status or right to work in the United States.  Any individual who is eligible to be legally employed in the United States should not apply for an ITIN, but must have an SSN.

 As Certifying Acceptance Agents, we are required to notify you that:

  • The ITIN cannot be used to claim the earned income tax credit under section 32 of the Internal Revenue Code;
  • The possession of an ITIN does not change the applicant's immigration status or entitle the applicant to legal employment in the United States;
  • The ITIN does not take the place of an SSN or qualify the applicant for Social Security benefits;
  • If you or your family members obtain permanent resident alien (green card) status or otherwise become legally eligible to work in the United States, you may be eligible for an SSN;
  • If any applicant later becomes eligible for an SSN, the ITIN may no longer be used, and an SSN must be obtained from the Social Security Administration;

An ITIN may be obtained by completing and signing form W-7 for each applicant, and by providing to us ORIGINAL documents which prove the identity and alien status of the applicant. We will examine the original documents provided, and will, in our capacity as Certifying Acceptance Agents, submit the completed form to the Internal Revenue Service.  We will not submit any completed form W-7 in this capacity, unless we have satisfied ourselves that the documentation you have provided is adequate and meets standards set out in legislation.  We will return your original documentation to you when we have reviewed it.

What Identification is Required for an ITIN?

In order to certify your form W-7, we will require that you prove to us your claims of alien status and identity.  We shall require the following ORIGINAL documents for this purpose:

  1. Passport or INS document establishing the non U.S. status and residence of the applicant; or
  2. Foreign birth record and one of the following, which must bear a photograph, has not expired, and is not older than three years:
    • Drivers license;
    • Identity Card;
    • Voters Registration Card;
    • School records;
    • Medical Records;
    • Marriage record;
    • Military registration card; and
  3. If the applicant is residing in the United States, please provide the U.S. visa or other proof of ineligibility for an SSN.

When the application is approved, we will obtain the ITIN on form 9844 from IRS, and will provide you with the original form 9844.

 

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Mark T. Serbinski Certified Public Accountants and Serbinski Partners PC, Chartered Accountants specialize in situations involving the taxation of U.S. citizens living abroad and Canadians living or working in the United States.  Please contact us for a complimentary initial review of your particular situation on a confidential basis.

For more information, E-mail or call us TOLL FREE at

            1-888- US TAXES

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Last Update: Mar 12, 2010    Copyright ©2009 by Serbinski & Associates, Inc., - ALL RIGHTS RESERVED Unauthorized reproduction prohibited. Although we strive to provide accurate and timely information on this site, the information contained herein deals with complex issues in a concise manner, which may cause unintended results if taken out of context, and is therefore intended for general information purposes only. No action should be taken without obtaining prior legal, accounting or other appropriate professional consultation. To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any tax advice contained on this web site was not intended or written to be used, and cannot be used, by the recipient (a) for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions and (b) for the purpose of promoting, marketing, or recommending any tax-related matters addressed within to another party.