I have a customer that is a foreign national. He has opened a business under a Corporation. He work for the corporation and has wages. I send the form W-7. Now the IRS is asking for a income tax return. He will not have a tax return until 2008. The Delema is that I must file W-2 form without a ITIN. Number. Can anybody advise me way the IRS does not give out ITIN Number without documentation or tax form. Imigration does have nothing to do with foreigners doeing business in USA. The way I see it the foreigner does not receive ITIN number he just pockets the money and pays noi taxes
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Corporation
Vincent, how did this guy ever get incorporated in your State? Look at the incorporation paperwork, especially the application with the Secretary of State's office.
Your dilemma is obvious. This guy (and possibly others) will need to receive a W-2. If IRS is not giving him a SS # and not giving the corporation an EIN#, I believe the proper way to handle this (absent any further efforts with the IRS) is to file with "Applied for" in the boxes that require these numbers.
I'm not suggesting this is the optimum way to handle this, but there is one thing for sure. Once IRS receives a tax return without a number on it, then it becomes THEIR problem and not just your problem dealing with a bureaucracy. You will get their attention and co-operation. At least I have in the past.
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