An Individual Taxpayer Identification Number (ITIN) is a nine-digit tax identification number issued by the Internal Revenue Service (IRS) to individuals who must file a federal income tax return but are not eligible for a Social Security Number (SSN). Foreign nationals, nonresident aliens, and other taxpayers who must report income, purchase U.S. property, or make an estimated payment toward their tax obligations often rely on an ITIN to remain compliant.

The ITIN is used strictly for tax purposes. It does not grant immigration status, a work visa, or eligibility for Social Security benefits. However, it plays a critical role in real estate transactions, including meeting lender requirements for a down payment or documenting eligibility to claim credits on a tax return. Without an ITIN, many individuals cannot apply, submit forms, or provide the documentation needed to complete legal transactions.

This guide explains the full ITIN application process, from eligibility and required documents to ITIN renewal for expired numbers. You will learn how to qualify, file correctly, and avoid common IRS issues such as rejection notices. Applicants and tax professionals will find detailed instructions and practical guidance on obtaining, renewing, and correctly using an ITIN when filing federal tax returns, applying for mortgages, or supporting a dependent or spouse in U.S. real estate transactions.

Why ITINs Matter for Real Estate and Mortgages

Legal Requirements Under FIRPTA and Federal Tax Return Rules

The Foreign Investment in Real Property Tax Act requires foreign persons to provide taxpayer identification numbers when buying or selling U.S. property. Foreign sellers face automatic withholding from their sale proceeds unless they provide proper tax identification.

  • Withholding calculations: Buyers must withhold money from foreign sellers unless valid taxpayer identification numbers are provided. Higher withholding rates apply when proper identification is missing.

  • Reduced withholding options: Sellers can request lower withholding amounts by filing Form 8288-B with their ITIN. This can reduce unnecessary withholding and preserve sellers' cash flow.

Documentation Required for Property and Mortgage Reporting

Mortgage lenders must report income to ITIN holders each year through Form 1098. Settlement companies also need valid taxpayer identification to complete the required forms during property sales involving foreign persons. These reporting requirements apply to all mortgage transactions regardless of loan amount or property type.

  • Annual interest reporting: Lenders file Form 1098 each year showing how much mortgage interest you paid. You need this form to claim deductions on your tax return and document your housing expenses for tax purposes.

  • Property sale documentation: Real estate transactions involving foreign persons require Forms 8288 and 8288-A for withholding tax compliance. These forms must include valid taxpayer identification numbers for proper IRS processing and to avoid penalties.

Timeline Considerations and Planning Around Processing Windows

Standard ITIN processing takes seven weeks. During tax season (January 15 through April 30), processing stretches to nine or eleven weeks. Start your ITIN application ten to twelve weeks before your closing date. This allows time for processing delays and potential resubmission if needed.

Who Needs an ITIN for Real Estate Transactions

Nonresident Aliens and International Investors

Foreign nationals buying U.S. property typically need ITINs for tax compliance and mortgage applications. You must file annual tax returns reporting this income if you earn rental income from U.S. properties. Property disposition also triggers specific tax obligations that require proper taxpayer identification for compliance.

  • Rental income reporting: Foreign property owners must file Form 1040-NR annually, reporting rental income to the IRS. The ITIN is your tax identification number for these returns and enables proper tax credit claiming.

  • Property sale compliance: Nonresident aliens selling U.S. real estate must provide ITINs to buyers for FIRPTA withholding calculations. This requirement applies regardless of whether you make or lose money on the sale transaction.

U.S. Resident Aliens and Specific Visa Categories

Foreign nationals in the United States who meet residency tests but cannot get Social Security Numbers need ITINs. Students on F-1, J-1, or M-1 visas often fit this description when buying property. Academic professionals and researchers may also require ITINs to claim treaty benefits that reduce their U.S. tax obligations while maintaining proper tax compliance.

  • Student property purchases: F-1 students buying property near campus need ITINs for tax compliance and mortgage applications. Your visa status usually prevents Social Security Number eligibility despite physical presence in the United States.

  • Academic professionals: J-1 visa holders working at universities often purchase homes and need ITINs to file tax returns claiming treaty benefits. Temporary status affects Social Security Number eligibility while maintaining tax filing obligations for U.S. source income.

Spouses and Dependents for Allowable Tax Benefits

Family members need ITINs only when they qualify for specific tax benefits on their federal tax return. For tax years 2018 through 2025, this includes joint filing status or specific tax credits. Foreign spouses filing joint returns with U.S. citizens need ITINs to claim married filing jointly status. This often provides better tax treatment than filing separately.

ITIN Requirements for Real Estate and Mortgage Applications

Exception 3: Third-Party Reporting of Mortgage Interest

Exception 3 lets you apply for an ITIN when you have a home mortgage on U.S. property without filing a tax return. Your lender must report mortgage interest payments to the IRS through Form 1098. This exception serves borrowers who need ITINs primarily for mortgage-related tax reporting rather than current-year tax filing obligations.

  • Mortgage documentation: You must prove you have a home mortgage on U.S. property. Purchase contracts or closing documents work when they clearly show mortgage financing arrangements and property location within the United States.

  • Property types covered: Investment properties, vacation homes, and primary residences qualify under this exception, provided they secure mortgage debt. The mortgage must specifically relate to real property located within U.S. territories.

Exception 4: FIRPTA Withholding and Reduced Withholding Requests

Exception 4 covers people involved in property sales by foreign persons, including buyers, sellers, and withholding agents. This exception addresses FIRPTA compliance requirements and applications for reduced withholding certificates. You can complete the required forms without filing the current year's tax returns.

  • Buyer obligations: When buying from foreign sellers, you must withhold specific percentages of sale proceeds and remit these amounts to the IRS. Valid taxpayer identification ensures proper form completion and compliance with federal withholding requirements.

  • Withholding reduction process: Sellers can request lower withholding by filing Form 8288-B with supporting documentation showing that their actual tax liability will be lower than standard withholding amounts. This process requires valid ITIN assignment before form submission to the IRS.

Supporting Identity and Foreign Status Documentation

All applicants must prove identity and foreign status through acceptable documents. You need documents showing who you are and confirming your foreign nationality.

  • Passport
    • Verifies: Identity and Foreign Status
    • Notes: Considered the best single document
  • U.S. Visa
    • Verifies: Identity and Foreign Status
    • Notes: Include all relevant visa pages
  • National ID Card
    • Verifies: Identity and Foreign Status
    • Notes: Must include a photo
  • Foreign Driver’s License
    • Verifies: Identity only
    • Notes: Must be current/valid
    • Document standards: All documents must be original or certified copies and cannot be expired. At least one document needs a photograph unless you are under 14 or a student under 18.

    Step-by-Step ITIN Application Process

    Step 1: Complete Form W-7 and Select the Correct Reason Code

    Form W-7 requires accurate personal information that matches your supporting documents exactly. Choose reason (h) "Other" with Exception 3 or Exception 4 noted for real estate transactions. Name spelling and dates must match your documents precisely to avoid processing delays or rejections that require complete resubmission.

    New applicants check "Apply for a new ITIN”, while renewal applicants select "Renew an existing ITIN" based on their specific circumstances. Your reason selection determines the required supporting documentation, so Exception 3 applicants must provide mortgage-related documents, while Exception 4 applicants need FIRPTA-related forms. Treaty benefits require additional information on the country and article number in designated spaces.

    Step 2: Gather the Right Documents for Exceptions 3 or 4

    Exception 3 applicants need to complete Form W-7, mortgage documentation proving your home loan, and acceptable identity documents. Mortgage documentation includes purchase contracts, settlement statements, or loan papers showing home mortgage loans on U.S. property. The documents must show current mortgage obligations rather than future lending commitments.

    Exception 4 applicants need Form W-7, FIRPTA forms (8288, 8288-A, or 8288-B), and real estate transaction documents. FIRPTA documentation must be completed and signed before submission of the ITIN application. Real estate transaction documents include sales contracts, settlement statements, or closing disclosures showing the foreign person's disposition, triggering withholding requirements.

    Step 3: Submit by Mail, TAC Appointment, or Through a CAA

    Mail submission is standard. Send your complete package to the IRS ITIN Operation in Austin, Texas. Include all required original documents or certified copies, as the IRS cannot accept photocopies or scanned documents. Processing begins when complete packages reach the ITIN Operation, making proper packaging and tracking important for monitoring application progress.

    Taxpayer Assistance Centers offer in-person verification with appointments. TAC services allow immediate document return after verification, but limit acceptable document types to passports, national identification cards, and birth certificates for dependents. Certified Acceptance Agents provide broader document verification and return originals immediately after authentication, making them valuable for time-sensitive real estate transactions.

    Step 4: Processing Times, Status Checks, and Follow-Up

    Standard processing takes seven weeks. During peak season, processing extends to nine to eleven weeks. The IRS sends CP565 assignment notices for approved applications. After the expected processing times pass, you can check the status by calling IRS customer service.

    ITIN Renewal Requirements and Deadlines

    When ITINs Expire

    ITINs expire when unused on federal tax returns for three consecutive years, expiring December 31 of the third year. Pre-2013 ITINs that have never been renewed must complete the renewal process before use. ITINs not used on 2021, 2022, and 2023 tax returns expired December 31, 2023, and need renewal before the 2024 filing.

    When to Renew Versus When Renewal Is Not Required

    Renew your ITIN only when it expires and you need it for current federal tax returns. If you are not filing federal tax returns this year, you do not need to renew expired ITINs. To avoid delays, taxpayers planning to file a federal tax return must renew expired ITINs before submission.

    Becoming a Certified Acceptance Agent

    Benefits and Scope of Authority for Real Estate-Related ITINs

    Certified Acceptance Agents receive IRS authorization to authenticate and return original documents immediately. This helps real estate transactions where original documents cannot remain out of possession for extended periods. CAAs provide instant document return after authentication, eliminating 60-day waiting periods for mail submissions.

    Eligibility, Training, and Application Steps

    CAA eligibility includes tax professionals, educational institutions, and financial organizations. Before applying, all responsible parties must complete mandatory ITIN training and forensic document identification training through online modules on the IRS website.

    Practical Examples and Case Studies

    Case 1: Nonresident Rental Property Purchase With Mortgage

    A foreign investor wants to buy rental property without work authorization. This requires an ITIN assignment under Exception 3 for mortgage interest reporting. Begin the application ten to twelve weeks before closing. Required documents include a foreign passport, a purchase contract, and settlement statements.

    Case 2: Mixed-Status Family Buying a Primary Residence

    A U.S. citizen married to a foreign national plans to buy a family home. The foreign spouse needs an ITIN for joint filing status. Children need ITINs only if they qualify for tax credits available to U.S. residents.

    Edge Cases and Common Problems

    CP567 Rejections: Frequent Causes and How to Fix Them

    Application rejections usually result from insufficient documentation, expired documents, or missing Form W-7 information. Rejected applications require complete resubmission with corrected documentation. Insufficient proof causes rejections when applicants submit photocopies instead of originals. Expired documents also trigger rejections.

    CP566 Suspense Notices: Responding Within Deadlines

    Suspense notices request additional documentation within 60-day response deadlines. Respond with only the specific information requested rather than complete resubmissions. CP566 notices specify exactly what additional documentation the IRS needs. Provide only the requested items with reference to the notice number.

    Troubleshooting Checklist

    • SSN ineligibility check: Work-authorized individuals should obtain denial letters from the Social Security Administration before applying for ITINs. Family members need separate eligibility verification to determine which individuals need ITINs.

    • Information matching: To avoid processing delays or rejections, personal information must match supporting documents.

    Next Steps and Call to Action

    For ITIN Applicants: Timelines, Method Choice, and Preparation

    Begin by determining your Social Security Number eligibility and confirming your ITIN needs based on tax obligations. Careful timeline planning is essential for real estate transactions involving ITINs. Choose between mail submission, Taxpayer Assistance Centers, or Certified Acceptance Agents based on your needs.

    For Tax Professionals: When to Become a CAA and Service Opportunities

    Tax professionals serving international clients should consider the Certified Acceptance Agent designation to expand services. CAA authority proves valuable for real estate practices where international buyers need efficient ITIN processing.

    Frequently Asked Questions

    Do lenders accept ITINs for mortgage applications, and how does the process differ from that of Social Security Number borrowers?

    Yes, many lenders accept ITINs for mortgage applications, but the requirements are stricter than those for Social Security Number borrowers. ITIN applicants may face higher down payment requirements, more stringent debt-to-income ratios, and manual underwriting instead of automated approval systems. Lenders typically verify ITIN validity, request prior federal tax returns, and review tax transcripts to confirm stable income documentation.

    Can I use Exception 3 or 4 to apply for an ITIN without filing a tax return for this year?

    Yes, both Exception 3 and Exception 4 allow ITIN applications without attaching a current-year tax return. Exception 3 applies to individuals with U.S. mortgage loans, requiring mortgage documents as proof. Exception 4 applies to real estate transactions under FIRPTA, requiring completed Forms 8288, 8288-A, or 8288-B. Identity and foreign-status documentation are always needed to establish eligibility.

    How long does ITIN processing take during peak season, and how should I time a closing?

    During peak filing season, from January 15 through April 30, ITIN processing can take nine to eleven weeks instead of seven. To avoid delays, applicants should begin the ITIN process ten to twelve weeks before an expected real estate closing. Using a Certified Acceptance Agent can reduce document handling issues and speed up verification.

    Do my spouse or children need ITINs for a home purchase, and when are dependents eligible?

    Spouses and dependents need ITINs only when they qualify for allowable benefits on a federal tax return. From 2018 through 2025, this may include joint filing, the Child and Dependent Care Credit, or the Credit for Other Dependents. Children must generally be U.S. residents or nationals to qualify, and eligibility must be documented with valid supporting paperwork.

    Why can new ITIN holders not e-file in the assignment year, and what are my filing options?

    Because of IRS system limitations, new ITIN holders cannot electronically file federal tax returns during the year their number is issued. Instead, applicants must paper-file returns and mail completed forms and supporting documents to the IRS. Once the ITIN is active, taxpayers may e-file future returns, but the first filing must be handled manually.

    Is using a CAA faster than visiting a TAC, and what are the pros and cons of each path?

    Certified Acceptance Agents generally provide faster processing because they authenticate various documents and return originals immediately. They charge fees but save time and reduce rejection risks. Taxpayer Assistance Centers are free but require scheduled appointments and only verify certain documents, such as passports or birth certificates. CAAs are often better for real estate transactions.