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Many legal immigrants have ITINs. There are several reasons why an individual who must file U.S. taxes may not have a Social Security number. People who must pay taxes but who may not be eligible for an SSN include:
Non-resident alien filing a U.S. tax return and not eligible for a SSN; if you are not a U.S. citizen, you are considered a “nonresident alien” unless you meet one of two tests: the “green card” test or the “substantial presence” test for the calendar year. An example of a non-resident alien who needs to file taxes is a person who owns or invests in a U.S. business and receives income from that U.S. business, but lives in another country.
U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for a SSN (for example, a foreign-born student in the U.S.).
Dependent or spouse of a U.S. citizen or legal permanent resident.
Dependent or spouse of a legal immigrant on a temporary visa.
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Is the ITIN a way for the government to track illegal immigrants?
The ITIN is not an immigration-enforcement tool because it is designed to facilitate tax payments. ITIN holders are people who cannot use a Social Security card to file taxes. Whether they are here legally or illegally, the application process is designed to facilitate tax payment. Privacy is highly critical to the success of the program because applicants provide the IRS with a great amount of personal information.
Taxpayer privacy is an important cornerstone of the U.S. tax system. Section 6103 of the Internal Revenue Code states that the IRS is not authorized to release taxpayer information to other government agencies except for providing information to the Treasury Department for investigations that pertain to tax administration, or under a court order related to a non-tax criminal investigation. Expanding information-sharing beyond this would require a new law—an issue that arises often during legislative debates.
The IRS has stated that it has “not shared any information from applicants with any other agency.” The IRS understands that releasing information on ITIN holders would put the success of the ITIN program in jeopardy, since individuals clearly would not participate if they feared harmful immigration consequences.




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