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bldr
Level 2

How to get a ITIN for a non resident alien and multi member LLC owner

I have tried already four times and failed to get an ITIN for one of the LLC (that I own) members. It is a very unfortunate situation - without an ITIN I cant file/generate the LLC's 1065 and without 1065 I cant do taxes. It is already 5 months of this game and no solution in sight.

 

So, I have called the IRS helpline, they told me they can help submitting the paperwork (W-7 and documentation), but they don't know if the paperwork will be OK and sufficient to get the itin. If the W-7 is declined, they cant tell me why its declined, because the person doesn't have the ITIN so they don't have the documentation in the system. So, basically an institution makes up the rules and then doesn't know why those rules don't work.

 

I have talked to the IRS agents on the phone, I went personally to talk to the IRS help, followed the rules from the W-7 instructions, nothing worked, they did not know.

 

So - does anybody know what they exactly want when applying for the ITIN using exception 1a?

The instructions say to submit "...a copy of the the portion of the LLC agreement displaying the EIN and showing that you are a partner in the partnership that is conducting business in the US..."

 

The person has submitted the original passport, copy of LLC operating agreement (copy, non notarized), EIN, certificate of formation in WA state.

 

What may be the problem here ?

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