Need help with W-7 ITIN Application - which Exception box should I check?
I'm a non-resident alien trying to apply for an ITIN and I'm stuck on which exception to use on the W-7 form. I know I need to mark checkbox (a) and (h), but I'm confused about which exception applies to my situation. I received a letter from my bank stating that I've opened an individual deposit account that's subject to IRS information reporting. There seem to be two exceptions that might apply: Exception 1(b): Individuals who have opened an interest-bearing bank deposit account that generates income that's effectively connected with their U.S. trade or business and is subject to IRS information reporting and/or federal tax withholding. The thing is, I have a regular savings account that earns interest, but I'm not sure if it's "effectively connected with U.S. trade or business" since I don't actually run a business in the U.S. Has anyone gone through this process before? Which exception should I use for my ITIN application? I don't want to delay the process by checking the wrong box.
22 comments


Natasha Orlova
The key question here is whether your bank account is generating income that's "effectively connected" with U.S. trade or business. For most non-resident aliens with just a savings account, Exception 1(b) is typically NOT the right choice unless you're actually engaged in a U.S. business. Based on what you've described, you might want to consider Exception 1(a) instead, which applies to individuals who have passive income from investments, dividends, etc. that are subject to IRS reporting/withholding. This would cover interest from a standard bank account for a non-resident alien. Or you might qualify for Exception 1(d) if you're receiving income from U.S. sources through withholding at source or other means that's subject to reporting. Make sure the letter from your bank specifically states which type of reporting they're doing - this is crucial for determining the correct exception.
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Javier Cruz
•Thank you for this info! Quick follow-up: If I go with Exception 1(a), what supporting documents would I need besides the bank letter? My bank said they'll issue a 1042-S form at the end of the year, is that relevant?
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Natasha Orlova
•The 1042-S form is extremely relevant and actually helps clarify which exception to use! If your bank will be issuing a 1042-S, that means they'll be reporting your interest income to the IRS and applying withholding as applicable to non-resident aliens. With a 1042-S, Exception 1(a) is likely your best choice. You should include both the bank letter stating they'll be reporting your account to the IRS and a copy of the 1042-S if you've already received one from a previous year. If this is a new account and you don't have a 1042-S yet, the bank letter alone should suffice as long as it clearly states they will be issuing this form for your account.
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Emma Wilson
Just wanted to share my experience with this! I was in the exact same situation last year trying to figure out which exception to use for my W-7 application. I found https://taxr.ai really helpful for my ITIN application. I uploaded my bank letter and other documents, and their system analyzed everything and told me exactly which exception to select. In my case, I had a regular savings account as a non-resident, and they confirmed Exception 1(a) was the right choice since my account generated passive income subject to IRS reporting. They even explained exactly what supporting documents to include with my W-7 form. Saved me so much confusion!
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Malik Thomas
•Does this service actually review your specific documents or is it just generic advice? I've been trying to get an ITIN for months and keep getting rejected because of documentation issues.
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NeonNebula
•I'm a bit skeptical - how does this work with sensitive financial documents? I'd be nervous uploading my bank statements to a random website. Did you have any concerns about that?
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Emma Wilson
•They actually review your specific documents and give personalized advice based on your situation, not just generic information. Their analysis told me exactly which boxes to check on my W-7 and what supporting evidence I needed based on my specific bank letter. Regarding security, I was concerned too initially, but they use bank-level encryption for all documents. You can also remove sensitive information like account numbers before uploading if you're worried. They just need to see the type of account and the reporting statements from your bank. I felt it was much safer than paying for an expensive tax consultant who might not even specialize in ITIN applications.
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NeonNebula
Just wanted to follow up on my skepticism about taxr.ai - I decided to give it a try after getting my third ITIN rejection letter. I was really impressed! The system spotted right away that my bank letter wasn't specific enough about IRS reporting requirements, which was why I kept getting rejected. They recommended I request an updated letter from my bank with specific language about IRS information reporting and suggested Exception 1(d) was actually more appropriate for my situation than 1(a). Just got my ITIN approval letter yesterday after struggling with this for over 6 months. Wish I'd known about this sooner!
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Isabella Costa
If you're still waiting for your ITIN after submitting your W-7, you might want to check on the status. I submitted mine 4 months ago and heard nothing back. Tried calling the IRS for weeks but could never get through - busy signals or hours of waiting only to get disconnected. I finally used https://claimyr.com to get connected to an IRS agent (you can see how it works here: https://youtu.be/_kiP6q8DX5c). They got me connected to the ITIN department in about 20 minutes when I'd been trying for weeks. Turns out they needed additional documentation but never sent me the notice! Would have been waiting forever if I hadn't called.
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Ravi Malhotra
•How does this service actually work? Does it just keep calling the IRS for you until it gets through? Seems like something I could do myself.
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Freya Christensen
•Sounds like a scam honestly. Nobody can "get you through" to the IRS faster. They probably just keep you on hold and charge you for the privilege.
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Isabella Costa
•It uses an automated system that continually dials and navigates the IRS phone tree until it secures a place in line with an agent. Once it gets through, it calls you and connects you directly. You don't have to keep redialing or wait on hold for hours. No, it's definitely not a scam. It doesn't keep you on hold - that's the point. It does the waiting for you and only calls when an actual agent is available. I was skeptical too, but after trying to get through myself for weeks with no success, this saved me a huge amount of time and frustration. The IRS agent I spoke with was able to update me on my ITIN application status immediately.
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Freya Christensen
I have to eat my words about Claimyr being a scam. After another week of trying to call the IRS myself and getting nowhere (either busy signals or disconnected after 2+ hours of waiting), I decided to try it. Got connected to an IRS agent in about 30 minutes. Found out my ITIN application was "pending additional review" which apparently could take another 6-8 weeks, but at least now I know what's happening. The agent also gave me a direct reference number for follow-up. Would have been completely in the dark without making that call. Definitely worth it just for the peace of mind.
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Omar Farouk
Make sure you're sending your W-7 application to the right address! I messed up and sent mine to the regular IRS processing center instead of the ITIN Operation center in Austin, TX. That delayed my application by over 2 months. Also, if you're not using a Certified Acceptance Agent, remember you need to send original documents or certified copies from the issuing agency. That was another mistake I made - I sent notarized copies of my passport instead of getting them certified by the embassy.
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Oliver Schulz
•Thanks for these tips! I was planning to send notarized copies too. Do you know if all U.S. embassies offer the certification service for ITIN applications? Also, how long did your ITIN application take once you submitted everything correctly?
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Omar Farouk
•Most U.S. embassies and consulates do offer certification services for ITIN applications, but you should definitely check with your specific location before going. Some require appointments weeks in advance for this service. Their websites usually have a section about notarial services or authentication services where this information is listed. Once I submitted everything correctly, my ITIN application took about 6 weeks from receipt to approval. This was during non-tax season (August-September), which I've heard is faster than trying during the January-April rush. If you submit during peak tax season, I've heard it can take 8-10 weeks or even longer.
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Chloe Davis
Don't forget to check if there's a Certified Acceptance Agent (CAA) in your country! I was stressing about my original documents, but then found a local CAA who verified my passport and submitted everything for me. They handled all the paperwork and I got my ITIN in about 5 weeks. The IRS website has a directory of international CAAs: https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program
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AstroAlpha
•That's such good advice. I used a CAA in my country (Brazil) and it made the process super smooth. Worth the fee they charged because they knew exactly which exception to use for my situation too.
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Anastasia Popov
Based on your description, Exception 1(a) is most likely the correct choice for your situation. Since you mentioned your bank sent a letter stating your account is subject to IRS information reporting, and you have a regular savings account earning interest, this falls under passive income from U.S. sources. Exception 1(b) specifically requires the income to be "effectively connected with U.S. trade or business," which doesn't apply to you since you're not running a business in the U.S. A regular savings account generating interest income is considered passive income, not business income. For supporting documentation, include: - The letter from your bank confirming IRS reporting requirements - Any 1042-S forms if you've received them (or a statement from the bank that they will issue these) - Make sure the bank letter specifically mentions that interest income will be reported to the IRS The key is that your bank is doing the reporting to the IRS - that's what qualifies you for Exception 1(a). Double-check that your bank letter clearly states they'll be reporting your interest income to the IRS, as this is crucial documentation for your W-7 application.
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Alice Fleming
•This is really helpful clarification! I was getting confused between 1(a) and 1(b) but your explanation about passive vs. business income makes it crystal clear. My situation definitely sounds like Exception 1(a) since it's just interest from a regular savings account, not any kind of business activity. Thanks for breaking down exactly what supporting documents I need too - I'll make sure my bank letter specifically mentions the IRS reporting requirement before I submit my W-7.
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Luca Marino
I went through this exact same situation last year and can confirm that Exception 1(a) is the right choice for your case. The distinction between 1(a) and 1(b) really comes down to whether your income is from passive investments (like bank interest) versus active business operations. Since you mentioned you have a regular savings account earning interest and your bank confirmed they'll be doing IRS reporting, you're dealing with passive income subject to information reporting - which is textbook Exception 1(a). One tip: when you get the letter from your bank, make sure it explicitly states that they will report the interest income to the IRS and issue Form 1042-S. Some banks send generic letters that don't mention the specific reporting requirements, which can cause delays or rejections. I had to go back to my bank twice to get the right wording before my application was accepted. Also, don't stress too much about the timeline - mine took about 7 weeks during off-season, but I know people who applied during tax season and waited 12+ weeks. The important thing is getting the documentation right the first time.
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Amina Diop
•This is exactly the kind of detailed advice I was hoping for! I really appreciate you sharing your experience with getting the bank letter wording right - I definitely don't want to have to resubmit because of documentation issues. Quick question: when you say the bank letter should "explicitly state" they'll issue Form 1042-S, did your bank use that exact form number in the letter? Or was it sufficient for them to mention "IRS information reporting" in general terms? I want to make sure I ask my bank for the right language when I request the letter. Also, 7 weeks doesn't sound too bad for off-season! I'm planning to submit in the next few weeks so hopefully I'll avoid the tax season rush. Thanks again for the helpful tips!
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