What is the purpose of Form W-7?
The form is an “information” file, which means that it includes information. It's used to collect information on foreign persons with whom you have dealings or to which you might have to disclose information.
Filing the Form
An applicant has two options for filing Form W-7. Option one is to use the online service at the U.S. Department of Commerce's Taxpayer Services Website. This option requires that you have filed Form 1040 for the last two complete tax years for tax reporting, but you can begin preparing your return after that. There are some technical difficulties with the tool on the site.
Option two is to download the Free Tax Return Preparation Application (RPA). This is also the only option that is accepted by the IRS as a substitute for Form 1040.
Form W-7 is a four-page form filled out and completed using both forms. You can download the form, but it can be hard to remember which boxes to check, so you may wish to have someone else do it for you. The form is also available in print form for use by self-service when preparing your return.
The purpose of Form W-7 is to find out:
Who is your customer: Are you the customer of the foreign person for whom Form W-7 must be filed (a corporation, partnership, limited liability company, estate, trust, etc.)? Your tax return for that foreign person, unless you are a U.S. expatriate?
You may have a tax liability on the return for that corporation, partnership, etc. If you have a foreign income tax filing obligation the foreign person cannot file a form with you.
The foreign person cannot file a form with you. What kind of business or asset is owned by the foreign person: If the U.S. ownership is a partnership or corporation, the U.S. address is on the bottom of the form. If it's a trust, the address is next to the line for the trustee, then the U.S. address. If you are filing the return alone then your foreign address is on line 1.
What type of business, asset, or income taxes are owed by the foreign person? How many foreign persons are involved with that company or individual?
Do your U.S. contacts know or suspect a U.S.
Who should complete Form W-7?
Form W-7 should be completed by:
(1) U.S. citizens or permanent residents who are residents of the United States;
(2) nonresident aliens who are not United States citizens or permanent residents;
(3) foreign nationals, as defined by the Secretary, on the basis of the laws of their home country that would make them subject to United States tax;
(4) former citizens of the United States who resided outside the United States during a calendar year or periods prior to becoming citizens of the United States;
(5) former citizens of the United States who reside outside the United States and are not citizens of the United States;
(6) retired persons who were United States citizens, regardless of where their spouse was residing at the time of filing the tax return for the year; and
(7) persons who resided outside the United States.
Who must complete Form W-7?
Form W-7 can be completed by any United States citizen, resident alien, or nonresident alien who either: (1) is employed in the United States; or (2) has a fixed place of abode in the United States and who (A) is an individual; (B) is married to a U.S. citizen or permanent resident; and (C) filed a timely tax return for the calendar year.
If Forms W-7 are submitted by more than one person, only one must complete the form.
Form W-7 may be completed only if the person on the Form W-7 is the U.S. person who actually caused the loss of the United States interest or (when the loss of the United States interest does not arise through the use of a tax shelter) if the person is a U.S.-domiciled dependent of the U.S. person that caused the loss of the United States interest. If the United States person on the Form W-7 is a resident alien, Form W-7 must be completed by the person residing in the United States if the U.S. person is the United States person who caused the loss of the United States interest.
A U.S.
When do I need to complete Form W-7?
Form W-7 must be completed as soon as you are informed that the H-1B visa you are applying for authorizes a wage or fee deduction. To find out when a wage or fee deduction on an H-1B visa begins, use the date you applied for the visa and see Publication 555, USCIS's Form W-7. Form W-7 will help answer your questions about your H-1B visa.
What is the maximum number of H-1B visas an employer of U.S. workers may ask for?
If you are an employer that is asking for more than 90 workers under this policy, the employer must apply for at least 1 Form I-129 petition a year in order to stay in compliance with this policy.
Do we have to go through a H-1B petition process every year to remain in compliance with this policy?
No, an employer that is not asking for more than 90 H-1B visa workers during the entire calendar year must first apply to the USCIS for 1 Form I-129 Petition every year.
Can I create my own Form W-7?
No, not yet. We would like to use the current W-1.0 from this point for testing, but it will never be finalized and approved for use in W-7. It would be possible to modify the W-1.0 to create your own work-ready version of W-7, but we cannot make such a change any time soon. See the documentation for the Work-For-Hire W-7 program for more information on how to create new forms.
What should I do with Form W-7 when it’s complete?
You should keep it with your tax records for the IRS or other government agency.
How do I get my Form W-7?
If you have any questions on the process to fill out the Form W-7, please call our office at.
What documents do I need to attach to my Form W-7?
For workers who are self-employed on a self-employed basis, to ensure accurate reporting, you must either attach an Original or Legible Copy of a:
Certificate of Financial Responsibility; or
Resume with an Affidavit, for a business owner, or a Letter of Resignation, for an employee or an independent contractor.
Note: Original and Legible Copies do not have to be filed together. However, if filing separate Forms W-7, one should be listed for each individual involved.
I submitted my Form W-7 by mail, and I sent it to more than one location. Can I add it to another person's Form W-7?
You may have to file two Form W-7 forms to report employees and independent contractors. Each Form W-7 must contain the employer's name, street address, date of birth, social security number and the name, address and employer identification number of each employee. The required information for each employee must be submitted on separate Forms W-7.
If neither Form W-7 for each employee is filed, but one Form W-8 form is filed for each independent contractor (other than a person who is also an employee or independent contractor), then both Form W-7 forms must be signed and signed under penalties of false statement under Section 6103 of the Internal Revenue Code before each Form W-8 is signed. Under these circumstances, if there is any conflict about the amount of the Form W-8 and the Form W-7, the Form W-8 must be filed first, under penalty of false statement.
I filed my Form W-7 electronically, and I sent it to more than one location. Can I add it to another person's Form W-7?
Your filing software is required to allow you to do this. This would allow you to add more than one Form W-7 to another person's form.
Note: Do not attach a separate document in separate sheets.
I filed my Form W-7 electronically, and I sent it to more than one location. Can I add it to another person's Form W-8?
You must mail the person to whom the Form W-8/W-7 was sent an “Electronic Signatures for Governmental Agencies” form, or e-mail us.
What are the different types of Form W-7?
Wage Reports
Employee W-7 is a Form W-7, Wage and Tax Statement. You obtain your wage information directly from the employer — in the form of a written report. In addition, you will often receive an IRS document called an IRS W-2B, Wage and Tax Statement. See Where to Find Your Wage and Tax Statement.
Paychecks
Wage payment information is also available on your paycheck. You must have the employer complete your pay stub and pay any taxes and withholding. If you are on one of the employer-supported plans — such as the FEES, FSP, or 401(K) plan — you will receive the same pay stub and pay as a federal employee. Otherwise, you need to be paid on a weekly, biweekly, or monthly schedule. In addition, you should get copies of each check you receive. See Where to Find Your W-2B, Form W-2, and IRS Payments of Wages and Federal Tax and Where to Find the Form W-2G, Employee Payment of Wages and Federal Tax.
Employee Payroll Deductions
When you work, you must pay an income tax on the wages you receive. An employer may have to withhold income taxes from your wages when you receive them from the employer. You may be able to deduct some or all of your income tax from your wages. See How to Get a Deduction for Unearned Income in the Form W-4 for more information. See also:
Form W-4 (Employer's Quarterly Federal Unemployment (FTA) Form, Form W-4I (Employer's Incentive Compensation (EIC) Form, or Form W-4G (Employer's Payments of Wages and Federal Tax) — Information for Employees)
Wage Reporting and Calculations
Form W-4 (Wage and Tax Statement), available at IRS.gov or by calling, is used to report your employment earnings to the IRS. Form W-4 is also used to compute your federal and state income taxes. You will receive a Form W-4 from your employer. Do not provide your Form W-4 to anyone or use the information in it to create tax returns or claim a deduction.
How many people fill out Form W-7 each year?
More than 2 million, according to U.S. Department of Labor data cited by The Chronicle. Some of those may be undocumented migrants, but it is a close call since they also may be U.S. citizens. That's one reason many people are confused by the W-7.
If you want to get a driver's license, you have to give the federal government proof of citizenship at your local district driver licensing office. To do this, you send in a copy of your passport, green card or other documentation. When you fill out the paper slip, write “citizen” in the third box, and put it in the box that has the words “proof for citizenship.” That might seem obvious, but if you aren't fully informed about this rule, it could affect whether you get approved.
Also, people who get their green card or citizenship through one of the categories in the W-7 may not get approved for a driver's license.
And they don't. If you get a green card or citizenship through one of the categories in the form, you are usually entitled to live and work in the U.S. legally. You don't need to produce a driver's license as proof. But many of them aren't legal citizens to begin with or wouldn't know that they could have their green card or citizenship cancelled. Here are some common examples of people who get their green card from the U.S. government through the W-7:
Foreign-born workers (or those living and working in the U.S. illegally) can apply for a green card if they have been in the U.S. for five years without a criminal record. The government can approve your application even if you are over 21, have lived here all your life and have never received an accident. However, if you get a DUI, you won't be allowed to renew your visa to live here legally for the rest of your life. The government will just kick you out of the country.
People under age 22 who live in the United States can get their parents' legal status. This also applies to people under age 24 who are married and legally responsible for them; they don't need to produce a driver's license. (The legal age of majority is 18 in Canada.) But if you are underage, the law is strict. The government doesn't issue you a driver's license. You will have to apply within six months to get your driver's license.
Is there a due date for Form W-7?
Yes. Form W-7 is due by 10 days after the day you pay any federal tax required by the laws. For the most current information on your W-7, see the form. To get a complete list of the latest tax changes for 2018, go to IRS.gov/FormsAP/Tax-Changes.
When do I file my return and pay any tax due?
When you file your return, you will see a statement that tells you how much tax you owe. You must pay all the taxes due on your return by the due dates listed on the front of your Form 1040. Late filers who do not pay all the taxes due on time may also be subject to administrative or criminal prosecution. In some cases, the IRS may be able to reduce or eliminate any tax you owe, depending on your circumstances.
Where can I learn more about tax law change?
For answers to frequently asked questions, check out IRS.gov. You can also contact us by phone at, TTY at or by email.