Who Has to Renew Their ITIN and How They Can Renew It

The IRS recently announced how taxpayers with expired Individual Taxpayer Identification Numbers (ITINs) can renew them.

Here are two ways that an ITIN can expire, as explained in the Protecting Americans from Tax Hikes (PATH) Act of 2015, which made changes to the expiration rules for ITINs:

• ITINs issued before 2013 will expire as follows over the next 4 years:
• Issued before 2008 – January 1, 2017 (ITINs with middle digits of 78 and 79) -  Beginning in August 2016, the IRS will mail these individuals letters informing them that they need to renew their ITIN and how to do it.
• Issued in 2008 – January 1, 2018
• Issued in 2009 or 2010 – January 1, 2019
• Issued in 2011 or 2012 – January 1, 2020
• ITINs issued after 2012 will expire if they are not used on a federal tax return for three consecutive years

Who is Affected for the Upcoming Filing Season

A taxpayer who obtained their ITIN before 2008 or has not used their ITIN for 2013, 2014 and 2015 will need to renew it before they file their 2016 federal tax return this coming filing season.

How to Renew an ITIN

Beginning on October 1, 2016, an individual who needs to renew their expired ITIN must complete a Form W-7 (Application for IRS Individual Taxpayer Identification Number) and submit it to the IRS in one of the following ways:

• Mail the completed Form W-7, along with the original identification documents or certified copies by the agency that issued them, to the IRS address listed on the form.
• Use one of the many IRS authorized Certified Acceptance Agents or Acceptance Agents around the country.
• In advance, call and make an appointment at an IRS Taxpayer Assistance Center in lieu of mailing original identification documents to the IRS.

For renewal purposes, the IRS will not require a tax return to be attached to their submitted Form W-7. Also, taxpayers must use the newest version of the Form W-7 available at the time of renewal. For those renewing in the fall of 2016, the newest version will be available sometime in September (version 9-2016).

See IRS News Release IR-2016-100 (IRS Works to Help Taxpayers Affected by ITIN Changes; Renewals Begin in October) for more information.

Changes to IRS Individual Taxpayer Identification Number (ITIN) Expiration Rules

Individuals who obtained an ITIN before 2013 will be required to renew it over a staggered schedule between the end of 2016 and 2020 if they plan on continuing to use an ITIN to file a federal return.

The Protecting Americans from Tax Hikes (PATH) Act of 2015 did more than just extend the tax provisions that had expired at the end of 2014. The PATH Act also included, as part of its integrity provisions, changes to the circumstances in which an Individual Taxpayer Identification Number (ITIN) will expire.

Go to

http://www.crosslinktax.com/tax-updates/Changes-to-IRS-Individual-Taxpayer-Identification-Number-ITIN-Expiration-Rules.asp#.VumEz_krJQI to read the entire CrossLink Tax Update that includes further information about the changes to ITIN expiration rules.

IRS Temporarily Suspends their Identity Protection PIN Tool

As part of its ongoing security review, the IRS has temporarily suspended the Get an Identity Protection PIN tool on IRS.gov. The IRS has stated that it is conducting a further review of this application that allows taxpayers to retrieve their original IP PIN that was issued to them for calendar year 2016 online. The IRS is also looking to further strengthen the security features of this tool.

Taxpayers who were issued an IP PIN should continue to file their federal tax returns (and enter their IP PINs) as they normally would. 

The IRS offers the following guidance following the removal of this online tool:

• Lost or misplaced IP PINs – Individuals will need to call the IRS to verify their identity and the IRS will mail them their IP PIN. If they have moved since January 1, 2016 they must file their return on paper.
• Florida, Georgia, and District of Columbia pilot participants – Will not be able to obtain an IP PIN and may file their federal return as normal.

See the March 7 IRS Statement on IP PIN on the IRS website for additional information.

Special 2016 Federal Marketplace Enrollment Period for Individuals without Marketplace Insurance Due to Failure to File a 2014 Federal Return and Reconcile

The Center for Medicare and Medicaid Services (CMS) which runs the Federal Marketplace has announced that there will be a special enrollment period that will run from now until March 31, 2016. This special enrollment period is for individuals previously determined to have been ineligible for the Advance Premium Tax Credit (subsidy) in 2016 because they failed to file a 2014 federal return and did not complete the required reconciliation on Form 8962 (Premium Tax Credit).

The special enrollment period specifically applies to individuals who:

• Are not currently enrolled in 2016 coverage through the Federal Marketplace;
• Are not receiving an Advance Premium Tax Credit (APTC) because they failed to file a tax return for 2014 and reconcile their 2014 APTC; and
• Subsequently filed their 2014 federal tax return and reconciled their 2014 APTC on Form 8962.

Click here to read the entire article on the CrossLink website.

Delay of State Refunds Due to State Tax Identity Theft Prevention

Since identity theft related tax refund fraud has become the biggest problem States face, individuals can expect their State refund to take longer to be direct deposited into their bank accounts than in the past. This is due to the additional fraud measures that all States have instituted this filing season to fight this type of refund fraud.

Some States have indicated that they will be delaying the release of refunds for longer periods of time as follows:

Illinois and South Carolina not issuing refunds until after March 1, 2016

Illinois and South Carolina will not be sending out refunds on any returns filed in January or February until mid-March. For those returns filed after March 1, 2016, the refunds will be sent out within two to three weeks from the date the Illinois or South Carolina individual return is accepted.

For more information see the Illinois and South Carolina websites:

• Illinois Refund Delay Alert
• South Carolina January 19 News Release – Enhanced Efforts to Protect Taxpayers from Refund Fraud

The following States have increased the length of time a refund will be received on electronically filed returns:

• Idaho – Taxpayers can expect their refund about 7 weeks after their return has been accepted. See the Refund Information page on the Idaho State Tax Commission website for more information.
• Georgia – Taxpayers can expect their refund 30 – 45 days after the return has been accepted. See the New Fraud Prevention Measures announcement on the Georgia Department of Revenue website for more information.
• Louisiana – Taxpayers can expect their refund up to 60 days after the return has been accepted. See the January 19 Press Release on the Louisiana Department of Revenue website for more information.
• Alabama – Taxpayers can expect their refund in 8 to 12 weeks from the date their return is accepted. See the Taxpayer Identity Theft Prevention page in the Things to Expect from ADOR in the 2016 Filing Season section on the Alabama Department of Revenue website for more information.
• Hawaii – Taxpayers can expect their refund in 4-6 weeks. Some refunds may be delayed for up to 16 weeks. See the Update on Tax Refunds (January 8, 2016) on the Hawaii Department of Taxation website for more information.

States delaying refunds due to not having W-2s from employers:

• Utah will delay any refunds until March 1, 2016 for individuals whose employer had not filed their W-2s with Utah by January 31, 2016. See the Withholding Tax Changes information on the Utah State Tax Commission website.
• Alabama will delay issuing refunds this year on returns for which the state has not received the W-2(s) from a taxpayer’s employer(s). This means that early Alabama filers will not receive their refunds as quickly as they have in prior years.
• Vermont may not complete the processing of some returns until they receive the W-2 from the individual’s employer, which is not due until February 29, 2016. For more information see the 2016 Filing Season Update page on the Vermont Department of Taxes website.

One last reason for a state refund to be delayed is when the State selects an individual’s tax return for identity verification. When this occurs, a letter is sent asking that the individual verify their identity by going to the State website and answering questions. Once the individual has passed the verification quiz (i.e. they have verified that this is their return), the State will finish processing the return and send out the refund. So it is important that if an individual receives a request to verify who they are that they do it as soon as possible.