Supplying of identifying numbers
Inclusion in returns
Any person required under the authority of this title to make a return, statement, or other document shall include in such return, statement, or other document such identifying number as may be prescribed for securing proper identification of such person.
Furnishing number to other persons
Any person with respect to whom a return, statement, or other document is required under the authority of this title to be made by another person or whose identifying number is required to be shown on a return of another person shall furnish to such other person such identifying number as may be prescribed for securing his proper identification.
Furnishing number of another person
Any person required under the authority of this title to make a return, statement, or other document with respect to another person shall request from such other person, and shall include in any such return, statement, or other document, such identifying number as may be prescribed for securing proper identification of such other person.
Furnishing identifying number of tax return preparer
Any return or claim for refund prepared by a tax return preparer shall bear such identifying number for securing proper identification of such preparer, his employer, or both, as may be prescribed. For purposes of this paragraph, the terms “return” and “claim for refund” have the respective meanings given to such terms by section 6696(e).
Limitation
Requirement of information
For purposes of this section, the Secretary is authorized to require such information as may be necessary to assign an identifying number to any person.
Use of social security account number
The social security account number issued to an individual for purposes of section 205(c)(2)(A) of the Social Security Act shall, except as shall otherwise be specified under regulations of the Secretary, be used as the identifying number for such individual for purposes of this title.
Pub. L. 104–188, title I, § 1615(a)(2)(A)110 Stat. 1853 Repealed. , , ]
Access to employer identification numbers by Secretary of Agriculture for purposes of Food and Nutrition Act of 2008
In general
7 U.S.C. 20187 U.S.C. 2021In the administration of section 9 of the Food and Nutrition Act of 2008 () involving the determination of the qualifications of applicants under such Act, the Secretary of Agriculture may, subject to this subsection, require each applicant retail store or wholesale food concern to furnish to the Secretary of Agriculture the employer identification number assigned to the store or concern pursuant to this section. The Secretary of Agriculture shall not have access to any such number for any purpose other than the establishment and maintenance of a list of the names and employer identification numbers of the stores and concerns for use in determining those applicants who have been previously sanctioned or convicted under section 12 or 15 of such Act ( or 2024).
Sharing of information and safeguards
Sharing of information
The Secretary of Agriculture may share any information contained in any list referred to in paragraph (1) with any other agency or instrumentality of the United States which otherwise has access to employer identification numbers in accordance with this section or other applicable Federal law, except that the Secretary of Agriculture may share such information only to the extent that such Secretary determines such sharing would assist in verifying and matching such information against information maintained by such other agency or instrumentality. Any such information shared pursuant to this subparagraph may be used by such other agency or instrumentality only for the purpose of effective administration and enforcement of the Food and Nutrition Act of 2008 or for the purpose of investigation of violations of other Federal laws or enforcement of such laws.
Safeguards
The Secretary of Agriculture, and the head of any other agency or instrumentality referred to in subparagraph (A), shall restrict, to the satisfaction of the Secretary of the Treasury, access to employer identification numbers obtained pursuant to this subsection only to officers and employees of the United States whose duties or responsibilities require access for the purposes described in subparagraph (A). The Secretary of Agriculture, and the head of any agency or instrumentality with which information is shared pursuant to subparagraph (A), shall provide such other safeguards as the Secretary of the Treasury determines to be necessary or appropriate to protect the confidentiality of the employer identification numbers.
Confidentiality and nondisclosure rules
Employer identification numbers that are obtained or maintained pursuant to this subsection by the Secretary of Agriculture or the head of any agency or instrumentality with which information is shared pursuant to paragraph (2) shall be confidential, and no officer or employee of the United States who has or had access to the employer identification numbers shall disclose any such employer identification number obtained thereby in any manner. For purposes of this paragraph, the term “officer or employee” includes a former officer or employee.
Sanctions
Paragraphs (1), (2), and (3) of section 7213(a) shall apply with respect to the unauthorized willful disclosure to any person of employer identification numbers maintained pursuant to this subsection by the Secretary of Agriculture or any agency or instrumentality with which information is shared pursuant to paragraph (2) in the same manner and to the same extent as such paragraphs apply with respect to unauthorized disclosures of return and return information described in such paragraphs. Paragraph (4) of section 7213(a) shall apply with respect to the willful offer of any item of material value in exchange for any such employer identification number in the same manner and to the same extent as such paragraph applies with respect to offers (in exchange for any return or return information) described in such paragraph.
Access to employer identification numbers by Federal Crop Insurance Corporation for purposes of the Federal Crop Insurance Act
In general
In the administration of section 506 of the Federal Crop Insurance Act, the Federal Crop Insurance Corporation may require each policyholder and each reinsured company to furnish to the insurer or to the Corporation the employer identification number of such policyholder, subject to the requirements of this paragraph. No officer or employee of the Federal Crop Insurance Corporation, or authorized person shall have access to any such number for any purpose other than the establishment of a system of records necessary to the effective administration of such Act. The Manager of the Corporation may require each policyholder to provide to the Manager or authorized person, at such times and in such manner as prescribed by the Manager, the employer identification number of each entity that holds or acquires a substantial beneficial interest in the policyholder. For purposes of this subclause, the term “substantial beneficial interest” means not less than 5 percent of all beneficial interest in the policyholder. The Secretary of Agriculture shall restrict, to the satisfaction of the Secretary of the Treasury, access to employer identification numbers obtained pursuant to this paragraph only to officers and employees of the United States or authorized persons whose duties or responsibilities require access for the administration of the Federal Crop Insurance Act.
Confidentiality and nondisclosure rules
Employer identification numbers maintained by the Secretary of Agriculture or the Federal Crop Insurance Corporation pursuant to this subsection shall be confidential, and except as authorized by this subsection, no officer or employee of the United States or authorized person who has or had access to such employer identification numbers shall disclose any such employer identification number obtained thereby in any manner. For purposes of this paragraph, the term “officer or employee” includes a former officer or employee. For purposes of this subsection, the term “authorized person” means an officer or employee of an insurer whom the Manager of the Corporation designates by rule, subject to appropriate safeguards including a prohibition against the release of such social security account numbers (other than to the Corporations) by such person.
Sanctions
Paragraphs (1), (2), and (3) of section 7213(a) shall apply with respect to the unauthorized willful disclosure to any person of employer identification numbers maintained by the Secretary of Agriculture or the Federal Crop Insurance Corporation pursuant to this subsection in the same manner and to the same extent as such paragraphs apply with respect to unauthorized disclosures of return and return information described in such paragraphs. Paragraph (4) of section 7213(a) shall apply with respect to the willful offer of any item of material value in exchange for any such employer identification number in the same manner and to the same extent as such paragraph applies with respect to offers (in exchange for any return or return information) described in such paragraph.
Identifying information required with respect to certain seller-provided financing
Payor
If any taxpayer claims a deduction under section 163 for qualified residence interest on any seller-provided financing, such taxpayer shall include on the return claiming such deduction the name, address, and TIN of the person to whom such interest is paid or accrued.
Recipient
If any person receives or accrues interest referred to in paragraph (1), such person shall include on the return for the taxable year in which such interest is so received or accrued the name, address, and TIN of the person liable for such interest.
Furnishing of information between payor and recipient
If any person is required to include the TIN of another person on a return under paragraph (1) or (2), such other person shall furnish his TIN to such person.
Seller-provided financing
For purposes of this subsection, the term “seller-provided financing” means any indebtedness incurred in acquiring any residence if the person to whom such indebtedness is owed is the person from whom such residence was acquired.
Special rules relating to the issuance of ITINs
In general
Required documentation
In general
The term “required documentation” includes such documentation as the Secretary may require that proves the individual’s identity, foreign status, and residency.
Validity of documents
The Secretary may accept only original documents or certified copies meeting the requirements of the Secretary.
Term of ITIN
In general
An individual taxpayer identification number issued after , shall remain in effect unless the individual to whom such number is issued does not file a return of tax (or is not included as a dependent on the return of tax of another taxpayer) for 3 consecutive taxable years ending after the issuance of such number. In the case of an individual described in the preceding sentence, such number shall expire on the day after the due date for the return of tax for such third consecutive taxable year.
Special rule for existing ITINs
Applicable date
Distinguishing ITINs issued solely for purposes of treaty benefits
The Secretary shall implement a system that ensures that individual taxpayer identification numbers issued solely for purposes of claiming tax treaty benefits are used only for such purposes, by distinguishing such numbers from other individual taxpayer identification numbers issued.
Pub. L. 87–397, § 1(a)75 Stat. 828Pub. L. 94–455, title XII90 Stat. 1691Pub. L. 99–514, title XV, § 1524(a)100 Stat. 2749Pub. L. 100–485, title VII102 Stat. 2427Pub. L. 101–508, title XI, § 11112(a)104 Stat. 1388–413Pub. L. 101–624, title XVII, § 1735(c)104 Stat. 3792Pub. L. 102–486, title XIX, § 1933(a)106 Stat. 3031Pub. L. 103–296, title III, § 316(b)108 Stat. 1532Pub. L. 103–465, title VII, § 742(b)108 Stat. 5010Pub. L. 104–188, title I110 Stat. 1853Pub. L. 105–206, title III, § 3710(a)112 Stat. 779Pub. L. 110–28, title VIII, § 8246(a)(2)(D)121 Stat. 201Pub. L. 110–234, title IV, § 4002(b)(1)(B)122 Stat. 1096Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 114–113, div. Q, title II, § 203(a)129 Stat. 3078Pub. L. 115–141, div. U, title I, § 101(g)(1)132 Stat. 1161(Added , , ; amended , §§ 1203(d), 1211(c), title XIX, § 1906(b)(13)(A), , , 1712, 1834; , , ; , §§ 703(c)(3), 704(a), , ; , , ; , title XXII, § 2201(d), , , 3953; , , ; , , ; , , ; , §§ 1615(a)(2)(A), 1704(t)(42), , , 1889; , , ; , , ; , (G), (2)(O), , , 1097; , title IV, § 4002(b)(1)(B), (G), (2)(O), , , 1857, 1858; , , ; –(3), title IV, § 401(a)(276), , , 1197.)
Editorial Notes
References in Text
section 405 of Title 42Section 205 of the Social Security Act, referred to in subsec. (d), is classified to , The Public Health and Welfare.
Pub. L. 88–52578 Stat. 703section 2011 of Title 7The Food and Nutrition Act of 2008, referred to in subsec. (f), is , , , which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act Feb. 16, 1938, ch. 3052 Stat. 72section 1506 of Title 7section 1501 of Title 7The Federal Crop Insurance Act, referred to in subsec. (g), is subtitle A of title V of , , which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. Section 506 of the Act is classified to . For complete classification of this Act to the Code, see and Tables.
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Prior Provisions
section 6116 of this titleA prior section 6109 was renumbered .
Amendments
Pub. L. 115–141, § 401(a)(276)2018—Subsec. (f). , struck out “of 1977” after “of 2008” in heading.
Pub. L. 115–141, § 101(g)(1)Subsec. (i)(1)(A)(i). , substituted “community-based certifying acceptance agent” for “community-based certified acceptance agent”.
Pub. L. 115–141, § 101(g)(2)Subsec. (i)(1)(B). , substituted “Internal Revenue Service, a community-based certifying acceptance agent approved by the Secretary,” for “Internal Revenue Service”.
Pub. L. 115–141, § 101(g)(3)(A)Subsec. (i)(3)(A). , inserted “ending after the issuance of such number” after “3 consecutive taxable years” and substituted “on the day after the due date for the return of tax for such third consecutive taxable year” for “on the last day of such third consecutive taxable year”.
Pub. L. 115–141, § 101(g)(3)(B)Subsec. (i)(3)(B)(ii). , added cl. (ii) and struck out former cl. (ii) which read as follows: “if the individual does not file a return of tax (or is not included as a dependent on the return of tax of another taxpayer) for 3 consecutive taxable years, the earlier of—
“(I) the last day of such third consecutive taxable year, or
“(II) the last day of the taxable year that includes the date of the enactment of this subsection.”
Pub. L. 114–1132015—Subsec. (i). added subsec. (i).
Pub. L. 110–246, § 4002(b)(1)(G)2008—Subsec. (f). , (2)(O), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act” in heading.
Pub. L. 110–246, § 4002(b)(1)(B)Subsec. (f)(1), (2)(A). , (2)(O), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.
Pub. L. 110–28, § 8246(a)(2)(D)(ii)2007—Subsec. (a)(4). , which directed amendment of heading by substituting “tax return preparer” for “income return preparer”, was executed by making the substitution for “income tax return preparer”, to reflect the probable intent of Congress.
Pub. L. 110–28, § 8246(a)(2)(D)(i), substituted “a tax return preparer” for “an income tax return preparer”.
Pub. L. 105–2061998—Subsec. (a). substituted “For purposes of paragraphs (1), (2), and (3)” for “For purposes of this subsection” in concluding provisions.
Pub. L. 104–188, § 1615(a)(2)(A)1996—Subsec. (e). , struck out subsec. (e) which read as follows:
Furnishing Number for Dependents“(e) .—Any taxpayer who claims an exemption under section 151 for any dependent on a return for any taxable year shall include on such return the identifying number (for purposes of this title) of such dependent.”
Pub. L. 104–188, § 1704(t)(42)Subsecs. (f), (g). , redesignated subsec. (f) relating to access to employer identification numbers for purposes of Federal Crop Insurance Act as subsec. (g).
Pub. L. 103–4651994—Subsec. (e). substituted “dependents” for “certain dependents” in heading and amended text generally. Prior to amendment, text read as follows: “If—
“(1) any taxpayer claims an exemption under section 151 for any dependent on a return for any taxable year, and
“(2) such dependent has attained the age of 1 year before the close of such taxable year,
such taxpayer shall include on such return the identifying number (for purposes of this title) of such dependent.”
Pub. L. 103–296, § 316(b)(1)Subsec. (f)(2). , amended subsec. (f) relating to access to employer identification numbers for purposes of Food Stamp Act of 1977 by adding par. (2) and striking out former par. (2) “Safeguards” which read as follows: “The Secretary of Agriculture shall restrict, to the satisfaction of the Secretary of the Treasury, access to employer identification numbers obtained pursuant to paragraph (1) only to officers and employees of the United States whose duties or responsibilities require access for the administration or enforcement of the Food Stamp Act of 1977. The Secretary of Agriculture shall provide such other safeguards as the Secretary of the Treasury determines to be necessary or appropriate to protect the confidentiality of the employer identification numbers.”
Pub. L. 103–296, § 316(b)(2)Subsec. (f)(3). , amended subsec. (f) relating to access to employer identification numbers for purposes of Food Stamp Act of 1977 by substituting, in par. (3), “pursuant to this subsection by the Secretary of Agriculture or the head of any agency or instrumentality with which information is shared pursuant to paragraph (2)” for “by the Secretary of Agriculture pursuant to this subsection” and “employer identification numbers shall disclose” for “social security account numbers shall disclose”.
Pub. L. 103–296, § 316(b)(3)Subsec. (f)(4). , amended subsec. (f) relating to access to employer identification numbers for purposes of Food Stamp Act of 1977 by substituting, in par. (4), “pursuant to this subsection by the Secretary of Agriculture or any agency or instrumentality with which information is shared pursuant to paragraph (2)” for “by the Secretary of Agriculture pursuant to this subsection”.
Pub. L. 102–4861992—Subsec. (h). added subsec. (h).
Pub. L. 101–5081990—Subsec. (e)(2). substituted “1 year” for “2 years”.
Pub. L. 101–624, § 2201(d)Subsec. (f). , added subsec. (f) relating to access to employer identification numbers for purposes of Federal Crop Insurance Act.
Pub. L. 101–624, § 1735(c), added subsec. (f) relating to access to employer identification numbers for purposes of Food Stamp Act of 1977.
Pub. L. 100–485, § 703(c)(3)1988—Subsec. (a). , substituted “or whose identifying number is required to be shown on a return of another person shall furnish” for “shall furnish”.
Pub. L. 100–485, § 704(a)Subsec. (e)(2). , substituted “age of 2” for “age of 5”.
Pub. L. 99–5141986—Subsec. (e). added subsec. (e).
Pub. L. 94–4551976—Subsec. (a). , §§ 1203(d), 1906(b)(13)(A), struck out in provisions preceding par. (1) “or his delegate” after “Secretary” and added par. (4).
Pub. L. 94–455, § 1211(c)Subsec. (d). , added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–141Pub. L. 114–113section 101(s) of Pub. L. 115–141section 24 of this titleAmendment by section 101(g)(1)–(3) of effective as if included in the provision of the Protecting Americans from Tax Hikes Act of 2015, div. Q of , to which such amendment relates, see , set out as a note under .
Effective Date of 2015 Amendment
Pub. L. 114–113, div. Q, title II, § 203(f)129 Stat. 3081Pub. L. 115–141, div. U, title I, § 101(g)(5)132 Stat. 1162
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under , Agriculture.
Pub. L. 110–246section 4407 of Pub. L. 110–246section 1161 of Title 2Amendment by section 4002(b)(1)(B), (G), (2)(O) of effective , see , set out as a note under , The Congress.
Effective Date of 2007 Amendment
Pub. L. 110–28section 8246(c) of Pub. L. 110–28section 6060 of this titleAmendment by applicable to returns prepared after , see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–206, title III, § 3710(b)112 Stat. 779
Effective Date of 1996 Amendment
section 1615(a)(2)(A) of Pub. L. 104–188section 1615(d) of Pub. L. 104–188section 21 of this titleAmendment by applicable with respect to returns the due date for which, without regard to extensions, is on or after the 30th day after , with special rule for 1995 and 1996, see , set out as a note under .
Effective Date of 1994 Amendment
Pub. L. 103–465section 742(c) of Pub. L. 103–465section 32 of this titleAmendment by applicable to returns for taxable years beginning after , but not applicable to returns for taxable years beginning in 1995 with respect to individuals who are born after , and to returns for taxable years beginning in 1996 with respect to individuals who are born after , see , set out as a note under .
Effective Date of 1992 Amendment
Pub. L. 102–486, title XIX, § 1933(c)106 Stat. 3031
Effective Date of 1990 Amendments
section 1735(c) of Pub. L. 101–624section 1781(a) of Pub. L. 101–624section 2012 of Title 7Amendment by effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated not later than , see , set out as a note under , Agriculture.
Pub. L. 101–508, title XI, § 11112(b)104 Stat. 1388–413
Effective Date of 1988 Amendment
section 703(c)(3) of Pub. L. 100–485section 703(d) of Pub. L. 100–485section 21 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Pub. L. 100–485, title VII, § 704(b)102 Stat. 2428
Effective Date of 1986 Amendment
Pub. L. 99–514, title XV, § 1524(c)100 Stat. 2749
Effective Date
Pub. L. 87–397, § 1(d)75 Stat. 829Pub. L. 99–514, § 2100 Stat. 2095
Identity Protection Personal Identification Numbers
Pub. L. 116–25, title II, § 2005133 Stat. 1004
In General .—
Requirements.—
Annual expansion .—
Nationwide availability .—
Audit by TIGTA
Pub. L. 114–113, div. Q, title II, § 203(b)129 Stat. 3079
Community-Based Certifying Acceptance Agents
Pub. L. 114–113, div. Q, title II, § 203(c)129 Stat. 3079Pub. L. 115–141, div. U, title I, § 101(g)(4)132 Stat. 1162
ITIN Study
Pub. L. 114–113, div. Q, title II, § 203(d)129 Stat. 3079