Can I apply for a TN-1 out of Switzerland?

[rleyen]

Hi, I have been living in Switzerland for more than 9 years now.

I founded a LLC in Miami, Florida in 2007 and now need to obtain a US SSN for getting a new business bank account with another bank.

Apparently, I get no SSN without having at a least a non-immigrant status. This is why I need a TN-1.

My question now is, can apply for a TN-1 without having to travel to the US? I.e. at the local embassy in Bern or even directly via a form in the US or US-Embassy in Canada?

If not, I guess I will have to bring the necessary paperwork on my next flight from Zurich to Miami and supposingly need to present my intends to the Customs Border Officer at the airport.

I would appreciate any valuable input from those who know how to handle this.

Thanks,

Ralph

[Steven]

File a W-7 and get an ITIN.

[rleyen]

Getting TN-1 wouldn't help you in this situation, because you have to go to the SSA office to pick it up after you enter. It takes ten days for the information from CBP to hit their system so you'd have to wait awhile. I think only US citizens can apply for SSNs from abroad via the local embassy. You have to physically go to a Class A POE in order to get TN-1 and enter the US anyway.

The solution is to get an ITIN by filing a W-7.

Hi Steven,

thanks for your reply.

It is a bit of a catch22 here.

I do have a Company Tax ID# and I pay my taxes in the US for the corporation.

BUT to open a business bank account, I, as the managing member of this company, need to have a SSN to open a account on behalf of the company.

It's all weird and the US system starts driving me nuts. But I need to get this resolved asap.

So basically, I need to get a SSN.

It looks like, I need to schedule a longer business trip to the US in order to fetch my SSN at the local branch office after I entered the border and was granted the TN-1 status.

IF there is any other way to obtain the SSN, I am more than thankful to read your suggestions. Either publicly in here or as a PM.

Thanks, Ralph



Just quickly on the ITIN:

What is an ITIN used for?
ITINs are for federal tax reporting only, and are not intended to serve any other purpose. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit. ITINs are not valid identification outside the tax system.
IRS issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers.

Who needs an ITIN?
IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.
Examples of individuals who need ITINs include:

* Non-resident alien filing a U.S. tax return and not eligible for a SSN
* U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for a SSN
* Dependent or spouse of a U.S. citizen/resident alien
* Dependent or spouse of a non-resident alien visa holder

So an ITIN would not support me in opening my business checking account for my corporation.

-- Thu Apr 02, 2009 1:31 pm --

I just spoke with a lady at the SSN administration in the US.

I explained my case and she keeps on bashing: you are not eligible for a SSN as you do not have a work visa.

Well, I do not want to work in the US, just need a SSN to open a business checking account at a local bank.

Still, nope, no way around to get any exceptions in cases like mine.

I need to drag my ... to the US and apply for a TN-1, even though I do not want to work in the US.

What a retarted system.

[Steven]

You can use an ITIN in this situation, it is a tax issue because you have to file a W-8BEN with the bank and you need to have an ITIN on it. This is why the bank is asking you for it. Just fill in W-7 and check box "a" because that's what you're doing, claiming a tax treaty benefit.

Now whether you can actually open the account remotely is the more relevant question, under the Patriot Act it's rather hard to do that, some banks will do it if you send them a copy of your passport but some require you to do it in person.

[rleyen]

You can use an ITIN in this situation, it is a tax issue because you have to file a W-8BEN with the bank and you need to have an ITIN on it. This is why the bank is asking you for it. Just fill in W-7 and check box "a" because that's what you're doing, claiming a tax treaty benefit.

Now whether you can actually open the account remotely is the more relevant question, under the Patriot Act it's rather hard to do that, some banks will do it if you send them a copy of your passport but some require you to do it in person.

Thanks Steve. I will call a bank in the US and ask them about this. Hope they grasp what I want and don't go into the robotic mode of SSN... SSN... SSN...

[Steven]

The only reason they want the number is for the IRS reporting requirements, otherwise they wouldn't care and they could use their own customer ID number.

[dannykool]

Getting TN-1 wouldn't help you in this situation, because you have to go to the SSA office to pick it up after you enter. It takes ten days for the information from CBP to hit their system so you'd have to wait awhile. I think only US citizens can apply for SSNs from abroad via the local embassy. You have to physically go to a Class A POE in order to get TN-1 and enter the US anyway.

The solution is to get an ITIN by filing a W-7.

-------------------

What is Class A POE ? In this case, can the poster ie rleyen get the TN directly from the US Consulate in Switz or not possible ?

Is it even possible to get one if not resident in Canada as is this case ?

[axolotl]

A Class A POE (port of entry) is where any foreign national may apply for entry into the US. This includes most international airports in the US, major airports in Canada, and major land crossings.

You cannot get a TN from a US consulate. You must be entering the US to apply for a TN.

You do not need to be resident in Canada to apply for a TN, but you must be a Canadian citizen.