Reply by Marian_in_CA on 1/6/09 1:01pm Msg #273666
Well, CA notaries *can* certify photocopies, but only of powers of attorney documents. It's not a blanket ban on notarizing copies. Obviously, that doesn't apply here, though.
The instructions for the form state:
"Have the copies notarized by a U.S. notary public legally authorized within his or her local jurisdiction to certify that the document is a true copy of the original. To do this, the notary must see the valid, unaltered original document and verify that the copy conforms to the original. U.S. notaries public are available at U.S. embassies and certain consulates worldwide."
Since we're not "legally authorized" to certify copies of identification documents, it would seem that option is out.
So the question is, will the IRS accept a Copy Certification by Document Custodian instead?
Well, the instructions also state as an option:
"Have the copies certified by the issuing agency or official custodian of the original record."
Note that they say, "official custodian of the original record" there? They said custodian of the record, not the document. So, it is likely not to be a good option, either.
That being said, it's the IRS we're talking here. Chances are you'd spend 5 hours on the phone get transferred 20 times and still not find out the answer because none of them really know what's going on.
I just talked to an accountant who is also a lawyer (we share an office suite) and deals with the IRS everyday. He told me that the people processing the form will only look to be sure that that document is notarized, and likely aren't going to be aware enough to actually read the notarial wording to distinguish between the notary certifying the copy vs, only certifying the signature of the document custodian. He said it's highly likely that they would accept it, but because he's not an accepting agent, he couldn't say for sure.
Of course, in the end, It would be up to the person requesting the notarization to find out of the IRS will accept the CCDC. As far as we, the notaries are concerned.... we can only use the CCDC or nothing at all. We don't care about where the copy is going or why it's being used and we certainly can't advise people regarding what the IRS will or will not accept.
We could recommend that they contact a ITIN acceptance agent, though:
http://www.irs.gov/individuals/article/0,,id=96304,00.html
There are a ton of them in CA, and they will probably know the answer.
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Reply by PAW on 1/6/09 8:30pm Msg #273714
Did you notice that a W-7 is "For use by individuals who are not U.S. citizens or permanent residents"? Often, Form W-7 is completed outside the US or through an Embassy or Consulate in the US, and therefore foreign notarizations and an apostille can be submitted as required.
Also, the applicant can apply in person at an IRS Taxpayer Assistance Center, where the documents will be reviewed by an IRS employee in this office and immediately returned.
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