If the taxpayer have their parents that live in Mexico as a dependents and her parents depend on her but their ITIN is expired. Can she sign for their parents W-7 and can we mail to the IRS both W-7 attached to her tax return?
What do the W-7 instructions say about signing it?
Sjrcpa
this is the instructions.
Signature
Who Can Sign Form W-7
Generally, the applicant is required to sign Form W-7. The
following are exceptions to this requirement.
Applicant is a dependent under 18 years of age. If the
applicant is a dependent under 18 years of age, his or her parent
or court-appointed guardian can sign if the child can’t sign. The
parent or court-appointed guardian must type or print his or her
name in the space provided and check the appropriate box that
indicates his or her relationship to the applicant. If the individual
is signing as a court-appointed guardian, a copy of the
court-appointment papers showing the legal guardianship must
be attached.
Adults, other than a parent or court-appointed guardian, can
sign Form W-7 only if a Form 2848, Power of Attorney and
Declaration of Representative, has been signed by a parent or
court-appointed guardian authorizing the individual to sign for
the applicant.
Applicant is a dependent 18 years of age or older. If an
applicant is 18 years of age or older, the applicant or a
court-appointed guardian can sign or appoint a parent or another
individual to sign. The individual (if other than the applicant)
must type or print their name in the space provided and check
the appropriate box that indicates their relationship to the
applicant. If the individual is signing as a court-appointed
guardian, a copy of the court-appointment papers showing the
legal guardianship must be attached. Individuals other than the
applicant or a court-appointed guardian must attach a Form
2848 from the applicant or court-appointed guardian authorizing
them to sign the Form W-7.
A spouse can’t sign for his or her spouse, unless the
Power of attorney box is checked and Form 2848 has
been attached to Form W-7.
Applicant can’t sign their name. If an applicant can’t sign his
or her name, then the applicant must sign his or her mark (for
example, an “X” or a thumbprint) in the presence of a witness.
The witness’s signature is also required and must be identified
as that of a witness.
I have asked because I am not clear about it just wanted to see if someone who knows will be able to help me.
Thank you
Sounds like your client can sign if they have a 2848.from each parent authorizing them to sign the W-7.
But, the parents need to sign the 2848. So I don't know that anything is gained here.
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