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Luca Russo

Do I need an ITIN as a non-resident with a US bank account and property?

I'm a non-resident who travels back and forth to the US regularly, but my permanent home is in another country where I pay my taxes. Currently I'm not authorized to work in the US. I'm engaged to my American boyfriend, but we can't get married yet because his divorce isn't finalized. I'm about to receive a one-time payment of $31,500 that will go into my US bank account. I'd like to keep the money there since I'm planning to move to the US eventually. I also want to transfer some funds from my home country bank account to my US account. Additionally, I own a property in the US that I've put up for sale. Not sure when it will sell, but I'm hoping to make a profit (possibly over $400k). My plan is to reinvest that money into buying an apartment that I might live in myself or possibly rent out in the future. I'm wondering if I should apply for an ITIN. Will the bank report the $31,500 payment to the IRS, or can I just report it in my home country? Would it be smarter to wait until I can get married before selling the property? Is there a limit on how much money I can transfer from my home country bank to my US account without it being considered "income"? Thanks in advance for any advice!

Based on your situation, you should definitely consider applying for an ITIN (Individual Taxpayer Identification Number). Here's why: When you receive that $31,500 payment in your US bank account, the bank will likely report it to the IRS. Financial institutions in the US are required to report large deposits and certain types of income to the IRS using forms like 1099-INT for interest income. Without an ITIN, there could be automatic withholding on certain types of income. Regarding your property sale, as a non-resident alien, you'll be subject to FIRPTA (Foreign Investment in Real Property Tax Act) when you sell US real estate. This typically requires 15% of the gross sales price to be withheld at closing. Having an ITIN would be necessary for this transaction and for reporting the sale on a US tax return. For transferring money from your home country to your US account, there's technically no limit on how much you can transfer that would automatically make it "income." The key is the source of those funds - if it's money you've already paid taxes on in your home country, it's generally not US taxable income, but just a transfer of your assets.

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Thanks for your detailed response. Quick question - if they apply for the ITIN now, would that affect their tax status in their home country? Also, would marriage to a US citizen change all this or make things easier?

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Applying for an ITIN does not change your tax residency status in your home country. An ITIN is simply a tax processing number that allows you to comply with US tax filing requirements - it doesn't make you a US tax resident or citizen. Marriage to a US citizen would definitely change things. Once married, you could potentially file jointly with your spouse as a resident alien (depending on your visa status and time spent in the US), or potentially file as a non-resident alien spouse. You might also qualify for better tax treatment on the property sale if you're married. But this would be a significant change to your tax situation that would require planning.

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I had a similar situation to yours and found taxr.ai to be incredibly helpful. I'm from the UK with property and accounts in the US and wasn't sure about my tax obligations. I used https://taxr.ai to analyze my situation and it gave me clear guidance about whether I needed an ITIN and how to handle my international finances. The tool analyzed my specific situation (international banking, non-resident status, property ownership) and provided a detailed breakdown of my tax obligations to both countries. Saved me a ton of research and probably kept me from making some serious mistakes!

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How does that work exactly? Do you just upload your documents and it figures everything out? I'm a Canadian with a vacation property in Arizona and I've been confused about my reporting requirements.

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I'm skeptical about these online tax tools for international situations. Did it actually help with the FIRPTA withholding issue? That's a complicated process with real estate transactions for foreigners.

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You upload relevant documents (bank statements, property info, etc.) and answer questions about your situation. It uses that information to analyze your specific tax obligations and reporting requirements. It's not just generic advice - it's tailored to your specific situation. For the FIRPTA withholding, it actually provided a detailed explanation of the withholding requirements and documentation needed for closing, plus options for reducing the withholding amount with the right filings. It connected me with the right forms and even explained the timeline for everything.

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I wanted to follow up about taxr.ai since I decided to try it for my cross-border tax situation. It was actually really helpful! I uploaded my Canadian and US documents, and it broke down exactly what I needed to report where. The ITIN application process was explained step by step, and it clarified that my vacation property expenses could be deducted against rental income (which I occasionally earn). It also showed me how to properly document transfers between my Canadian and US accounts to avoid them looking like unreported income. Definitely worth it for anyone dealing with international tax situations like this!

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If you need to deal with the IRS about your ITIN application or have questions about FIRPTA withholding, good luck getting through to them! I spent WEEKS trying to reach someone at the IRS about my own ITIN renewal. Finally used https://claimyr.com and got through to an actual IRS agent in under 45 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c They basically wait on hold with the IRS for you, then call you when they have an agent on the line. Made a huge difference because the ITIN department can be especially difficult to reach, and without talking to someone directly, I was making mistakes on my application that would have caused more delays.

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How does that service actually work? Do you have to give them personal info? Seems risky to have someone else talking to the IRS for you.

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This sounds like a scam. Why would I pay someone to call the IRS for me? Just keep calling and eventually you'll get through. I'm not buying that they have some special access.

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They don't talk to the IRS for you at all. They just navigate the phone tree and wait on hold (sometimes for hours), then they call you when they have an agent on the line. You do the actual talking with the IRS agent yourself. You don't need to provide them with any sensitive personal information. You just give them your phone number so they can call you when they get an agent. It's actually safer than giving your info to some tax preparer because you're the one speaking directly with the IRS.

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I have to admit I was completely wrong about Claimyr. After my skeptical comment, I was still desperate to talk to someone at the IRS about my ITIN situation as a Canadian with US investments. I tried it as a last resort and they actually got me through to an IRS agent in about 35 minutes. The agent clarified that I needed to submit additional documentation with my ITIN application that wasn't clear from the instructions. Also got confirmation about how to handle my bank transfers between countries without triggering unnecessary reporting. Saved me from having my application rejected and delaying everything by months. Sometimes it's worth admitting when you're wrong - this service actually delivered what it promised.

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I went through this exact situation 2 years ago. Here's what I learned: 1) Yes, get an ITIN asap. It makes everything easier. 2) US banks will report large deposits to the IRS regardless of source 3) When you sell US property as a foreigner, they withhold 15% automatically unless you have specific exemptions 4) Marriage to a US citizen changes everything tax-wise, but dont rush it just for taxes lol The most annoying part was getting all the documents certified for the ITIN application. Make sure you do that right the first time or they'll reject it and you'll wait months more.

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Did you use a tax professional to help with your ITIN application or did you do it yourself? I'm trying to figure out if I can handle this on my own.

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I started doing it myself but got frustrated with all the documentation requirements and ended up hiring a tax pro who specializes in international taxation. Cost me about $800 but was worth every penny because they knew exactly which forms I needed and how to properly certify my documents. If you're confident and have time to research everything thoroughly, you can definitely do it yourself. The IRS instructions are actually pretty clear, but the process is just really picky about documentation. If you make a small mistake they reject the whole application and you start over.

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One important thing nobody mentioned: Even with an ITIN, as a non-resident alien, you should look into filing a 1040-NR (Non-Resident) tax return for any US-source income, including that property sale. Just having an ITIN doesn't fix everything - you still need to file the right forms. Also, if the money you're transferring from your home country was already taxed there, make sure you keep documentation proving the source. Large transfers get reported by banks via FinCEN, but that doesn't automatically make them taxable.

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Is there a minimum amount that triggers the FinCEN reporting? I transfer money between my Canadian and US accounts pretty regularly.

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As someone who went through a similar situation as a non-resident, I'd strongly recommend getting that ITIN before you receive the $31,500 payment. The application process can take 6-11 weeks, so don't wait. A few key points from my experience: **On the $31,500 payment:** Yes, your US bank will likely report this to the IRS, especially if it's from a US source or if it triggers any reporting thresholds. Having an ITIN ensures proper tax identification when this gets reported. **On property sale timing:** Don't rush to sell before marriage just for tax purposes. The FIRPTA withholding (15% of gross sales price) applies regardless of when you sell. However, being married to a US citizen might give you more options for how you file and potentially better treatment of capital gains. **On international transfers:** There's no limit that makes transfers "income" - it depends on the source. Money you've already earned and paid taxes on in your home country isn't US taxable income just because you move it to a US account. Just keep good documentation showing the source of funds. **Practical tip:** Consider consulting with a tax professional who specializes in international taxation before making any major moves. The interplay between non-resident status, property ownership, and potential future residency can be complex. Get that ITIN application started now - you'll need it for the property sale anyway, and it's better to have it ready than to be scrambling later.

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