Can a newly approved ITIN be used to file for a tax refund from previous tax years?
I'm in a bit of a complicated situation with my daughter's ITIN application and I'm hoping someone can help me figure this out. I originally filed my 2023 taxes back in April 2024 with an ITIN application (Form W-7) for my daughter to claim a tax treaty benefit. I also claimed the Child Tax Credit ($2000) for her at the time. Unfortunately, the ITIN application was rejected in May 2024 because they said the birth certificate wasn't attached (even though the IRS representative told me my daughter's passport would be sufficient documentation). To complicate things further, I realized I should have claimed the Other Dependent Credit ($500) instead of the Child Tax Credit. After receiving the rejection notice, I went to the IRS office with a new W-7 form and an amended tax return (1040-X) where I changed from the Child Tax Credit to the Other Dependent Credit. I paid the additional $1500 difference. By July 2024, I finally received the ITIN number for my daughter, but my amended return was still processing. At the end of August, I got a notice saying I owe $500, which makes me think they processed my original return without considering my daughter's ITIN. I've called the IRS multiple times. They put my account on hold for 4 weeks while waiting for the amended return to process. Just recently, my amended return was completed with "no changes" and I still owe $500. The last IRS representative I spoke with claimed I can't use the newly issued ITIN to file a tax refund for the previous year. I've searched everywhere and can't find anything saying this isn't allowed. Can I use a newly issued ITIN for a previous tax year? What options do I have at this point?
18 comments


Yara Abboud
You absolutely CAN use a newly issued ITIN for a previous tax year. ITINs are regularly issued specifically for this purpose. The IRS representative who told you otherwise was mistaken. Here's what I think happened: When your amended return was processed, the IRS likely didn't connect your daughter's new ITIN to your amendment. This is unfortunately a common issue when the ITIN is issued separately from the processing of the return. What you need to do is file another amended return (Form 1040-X) for 2023. On this form, clearly indicate your daughter's newly issued ITIN, claim the correct Other Dependent Credit ($500), and explain the situation in Part III (Explanation of Changes). Make sure to attach any supporting documentation showing the ITIN was issued for your daughter. Also, call the IRS again and specifically ask to speak with someone in the ITIN Operations unit (not just a general representative). They deal with these situations regularly and can provide more accurate guidance.
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Connor Byrne
•Thanks for the quick response! So to be clear, I need to file another 1040-X even though I already filed one when I went to the IRS office in May? Won't that confuse things further? Also, do you know if there's a specific IRS publication I can reference when I call them again? The last representative was very insistent that I couldn't use the new ITIN for the previous year, and I'd like to have something concrete to point to.
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Yara Abboud
•Yes, you'll need to file another 1040-X since the previous amendment wasn't properly processed with your daughter's ITIN. Be sure to reference your previous amendment in the explanation section so they understand the full timeline. You can reference IRS Publication 1915 which states that ITINs are issued to individuals who need to file U.S. tax returns but aren't eligible for SSNs, including for prior year returns. Also, the Internal Revenue Manual 3.21.263.5.3.2 specifically addresses ITIN applications for prior year returns. If they continue to push back, request to speak with a manager or someone from the ITIN Operations unit who will be more familiar with these regulations.
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PixelPioneer
I went through something similar last year with my parents' ITINs and refunds for previous tax years. What really helped me was using taxr.ai (https://taxr.ai) to analyze my situation. It's a tool that reviews all your tax documents and transcripts to identify exactly what went wrong in the processing. In my case, the system quickly spotted that the IRS had processed my amended return but hadn't connected the newly issued ITINs to the proper tax year. The taxr.ai analysis gave me a detailed explanation of what happened with references to specific IRS procedures and suggested exactly what forms I needed to file to fix it. The best part was it showed me how to properly document the explanation on my new 1040-X to make sure it got processed correctly this time. Saved me from making another mistake that would have just extended the whole mess.
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Keisha Williams
•Did you actually have to upload all your tax documents to this website? Seems risky giving all that personal info to some random site.
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Paolo Rizzo
•How long did it take for them to analyze everything? I'm in a similar situation but with my spouse's ITIN and I'm getting anxious because we're approaching tax season again and this still isn't resolved from last year.
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PixelPioneer
•You do upload your documents, but they use the same security standards as the major tax preparation services. Everything is encrypted and they don't store your documents after analysis. The analysis took less than 24 hours for me. I uploaded everything in the evening and had a complete breakdown of my situation the next day. They identified exactly where the processing error occurred with my parents' ITINs and gave me step-by-step instructions for fixing it. Definitely saved me weeks of going back and forth with the IRS.
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Paolo Rizzo
I just wanted to update everyone - I used taxr.ai after seeing the recommendation here and it was incredibly helpful for my ITIN situation. I was skeptical at first, but their analysis pinpointed exactly why the IRS wasn't applying my spouse's new ITIN to our previous year's return. They identified that the IRS had created two separate tax accounts for us - one under my SSN alone and another with both my SSN and my spouse's ITIN. The system showed me exactly what forms to file and what specific language to use in my explanation to get them to merge the accounts properly. I followed their instructions, filed the paperwork they recommended, and just got confirmation that everything is being processed correctly now. Wish I'd known about this months ago instead of making multiple trips to the IRS office and getting different answers from everyone I spoke to!
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Amina Sy
If you're still having trouble getting through to the IRS about this ITIN issue, I highly recommend using Claimyr (https://claimyr.com). I was in the same endless loop of calling the IRS about my father's ITIN application that was rejected twice, and could never get through to a human. When I used Claimyr, they got me connected to an actual IRS agent in about 20 minutes instead of the hours I was spending on hold before hanging up in frustration. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed that you absolutely CAN use a newly issued ITIN for previous tax years - that's literally one of the main reasons people apply for ITINs! They helped me understand exactly what documentation I needed to submit with my father's amended return to make sure the ITIN was properly associated with his previous year's taxes.
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Oliver Fischer
•Does this actually work? I've spent like 8 hours on hold with the IRS over the past two weeks trying to fix a similar ITIN issue. How much does it cost?
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Natasha Ivanova
•Sounds too good to be true. The IRS phone system is designed to be impenetrable. I don't see how some third-party service could magically bypass their queue system when millions of people are trying to get through.
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Amina Sy
•Yes, it absolutely works! When you call the IRS directly, you're competing with literally millions of other callers. What Claimyr does is use automated technology to continuously dial and navigate the IRS phone tree until they secure a place in line, then they call you when they've reached a human. The service is definitely worth it considering the hours of frustration it saves. I'm not sure about their current pricing since it might have changed, but when I used it, I felt it was totally reasonable for the time it saved me. I was skeptical too until I tried it. The IRS representative I spoke with actually knew what they were talking about regarding ITINs and prior year returns, unlike some of the general representatives I had spoken with before. They gave me clear instructions that resolved my issue within a single call.
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Natasha Ivanova
I want to follow up about Claimyr since I was the skeptic in the thread. I decided to try it out of desperation after spending another 3 hours on hold with the IRS yesterday. I'm honestly shocked - it actually worked exactly as described. I got a call back when they had an IRS agent on the line, and I was able to explain my whole ITIN situation to someone who actually understood the issue. The agent confirmed that not only can you use a newly issued ITIN for prior tax years, but that's a completely normal procedure. She explained that sometimes there's a disconnect between the ITIN unit and the return processing department. She put notes in my file and is sending my case to a specific department that handles these issues. She even gave me a specific timeframe for resolution and a direct number to call back if it's not resolved by then. After months of frustration, I finally have clear next steps. Wish I hadn't been so skeptical and tried this service sooner!
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NebulaNomad
Hey, I just wanted to add one more thing that might help - make sure you're keeping all your certified mail receipts and documentation of every interaction with the IRS. My family went through a similar nightmare with my mother-in-law's ITIN last year. What ultimately worked for us was sending a letter to the Taxpayer Advocate Service explaining the entire timeline with copies of all previous correspondence. They have the authority to cut through a lot of the bureaucratic tape when the normal IRS channels aren't working. You can find your local Taxpayer Advocate Service office here: https://www.taxpayeradvocate.irs.gov/contact-us/ They were able to resolve our issue in about 3 weeks after we had been struggling for almost 6 months through normal channels.
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Connor Byrne
•Thank you so much for this suggestion! I hadn't thought about the Taxpayer Advocate Service. Did you need to meet any specific criteria before they would take your case? I've heard they only help in certain circumstances.
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NebulaNomad
•You do need to meet certain criteria, but one of them is "experiencing a delay of more than 30 days to resolve a tax account problem" which definitely applies in your case. Another is "not receiving a response by the date promised" which also seems to fit your situation. In our case, we emphasized that this was causing significant financial hardship (which is another criterion they consider) because we were being asked to pay additional taxes that we shouldn't owe. Just be very clear about the timeline of events and attach copies of all your correspondence with the IRS, including notes about phone calls with dates, times, and what you were told.
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Javier Garcia
Just wanted to say that I work with international taxpayers frequently, and this is unfortunately a common issue with ITINs. The IRS systems don't always properly connect newly issued ITINs with previously filed returns, especially when there's an amended return involved. Here's a tip that's worked for my clients: When you file your next amended return, attach a clear cover letter that states in bold at the top "ITIN VERIFICATION ISSUE - PREVIOUSLY FILED RETURN" and include a copy of the ITIN assignment letter you received from the IRS. This flags it for special handling. Also, be aware that ITIN applications are processed by a completely different department than tax returns, which is why these issues happen. The ITIN Operations department in Austin, TX issues the ITINs, but they don't necessarily communicate that to the return processing centers automatically.
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Emma Taylor
•This explains so much! My husband and I had the exact same issue with his ITIN last year. We kept getting conflicting information from different IRS reps and nobody seemed to understand why the systems weren't talking to each other. Is there a specific IRS form or process for requesting that they connect an ITIN to a previously filed return? Or is filing another amended return really the only option?
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