Coca Cola’s Recent IRS Statutory Notice of Deficiency – a Tipping Point in International Transfer Pricing Enforcement

In Coca Cola’s SEC 8-K filing last week we learned that the IRS issued a $3.3 Billion statutory notice of deficiency against the company as the result of a 5 year long transfer pricing audit covering tax years 2007-09. This is very BIG when it comes to enforcement of IRC 482 – Allocation of Income and Expenses Among Taxpayers because of…

Details

Procedures for Requesting Competent Authority Assistance under US Tax Treaties

U.S. competent authority assistance is not necessarily contingent upon whether you sign an agreement with the IRS Examination function contrary to the assertions of some IRS Revenue Agents. Turns out this is important information for some US Taxpayers of international origin in battle with the IRS. Yes there are good and bad people EVERYWHERE, including some…

Details

General ITIN References & Contact Information Including IRS Pub 1915 & IRS Rev Proc 2006-10

Aside from this tax blog the following are the most useful resources for researching Individual Taxpayer Identification Number (ITIN) application processing. IRS Publication 1915 General ITIN Information page Update to the Instructions for Form W-7 and ITIN Processing Time IRS Rev Proc 2006-10 IRS Form W-7 IRS Form W-7 Instructions If you need assistance in…

Details

Do You Need an Individual Taxpayer Identification Number (ITIN)?

If you do not have a Social Security Number (SSN) and are not eligible to obtain a SSN, but you are required to provide a tax identification number (TIN) to file a U.S. Federal income tax return, be claimed as a spouse or dependent on a U.S. tax return or for any other Federal tax…

Details

Yes! Undocumented Aliens Can Qualify for an Individual Taxpayer Identification Number (ITIN) from the IRS

I personally believe that it is in EVERYONE’S best interest for all people materially present in the USA to be here LEGALLY. I also believe that the US Federal government has an obligation to do a much better job of helping people legally be present, but that is a topic for another post. What amazes…

Details

Brian Dooley’s Tax Research Tool

I was reminded late last night while knee deep in yet another complex file that one of my many blessings has been the opportunity to connect on several distinct levels with many different people all over this great planet. From introspective artists in San Francisco to international bankers in Moscow, coffee plantation owners in El…

Details

IRS Proposes Elimination of Automatic Filing Extensions for W-2 Forms

I tend to harbor deep resentment whenever the IRS proposes more restrictions on job creating taxpayers. After all WE are the backbone of the US economy and our government agencies absolutely must focus on mitigating obstacles for hard working entrepreneurs in their daily struggle to create new jobs. However as a person who prepares, signs and files…

Details

An ITIN is NOT a Valid Substitute for an Employment Authorization Document (EAD) to Work in the USA

Individual Taxpayer Identification Numbers (ITINs) do not authorize you or anybody for that matter to work in the United States. Simply put they are not valid for employment purposes. However, if you are required to file a U. S. Federal income tax return and are ineligible to receive a Social Security Number, you must obtain…

Details

Foreign Investment in Real Property Tax Act and Your TIN – IRC 897, 1445; TD 9082; IRS Form 8882, W-7

As part of an IRS Examination under the Foreign Investment in Real Property Tax Act (FIRPTA) you absolutely must have a Taxpayer Identification Number (TIN) to mitigate 26 U.S. Code § 1445 – Withholding of tax on dispositions of United States real property interests If you do not qualify for a Social Security Number (SSN) you may…

Details

Top 10 Answers to Frequently Asked ITIN Application Questions – IRS Form W-7

Generally speaking the most common answers to ITIN questions I have been getting recently regarding IRS Form W-7 are as follows: If you have a VISA that is valid for employment and you will be employed in the U.S., you should first apply for a SSN with the Social Security Administration (SSA). You are not eligible…

Details