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ITIN for bank account or PayPal

December 12, 2017

IRS will not issue an ITIN in order to allow a non-resident alien to open a USA bank account, it will only issue an ITIN for an existing open account that makes payments subject to withholding tax. The old conundrum is that most USA banks will not open an account without an ITIN.


Our office does offer a solution to this catch-22, please contact

Thus, if the W-7 accompanying exception letter statement indicates that the applicant will be establishing an account, the application will be rejected. ITINs are not issued to facilitate the establishment of an account, as this does not constitute a federal tax purpose.  


To be approved by constituting a federal tax purpose one needs to submit the W-7 application with a signed letterhead statement reflecting name and indicating that an ITIN is required to make distributions during the current tax year, which are subject to federal tax withholding and/or IRS reporting requirements.


Why won’t USA banks open up a new account without an ITIN? The PATRIOT Act Subtitle A International Counter Money Laundering and Related Measures - prescribes procedural guidelines under which the Secretary of the Treasury (the Secretary) may require domestic financial institutions and agencies to take specified measures if the Secretary finds that reasonable grounds exist for concluding that jurisdictions, financial institutions, types of accounts, or transactions operating outside or within the United States, are of primary money laundering concern. Includes mandatory disclosure of specified information relating to certain correspondent accounts."


Financial institutions must have account opening procedures or a "customer identification program." Banks and some covered financial institutions such as securities firms, mutual funds, and commodity futures traders have to obtain four pieces of information (name, address, date of birth, and government identifiers such as social security numbers) and attempt to verify that information.


Due to its mutual fund, PayPal is considered a financial institution according the Department of the Treasury, and therefore must comply with federal laws regarding the confirmation of identity of account holders.


Further, if one does not have a US bank account with a confirmed US mailing address and a SSN then a USA PayPal account is likely unobtainable until such time that PayPal change sits policy to begin accepting an ITIN.


This has to do with PayPal’s contract with their credit card processing bank and not so much to do with Treasury laws. It is about politics and US/CDN territory. PayPal’s banking agreement states “US citizen”.


Canadian PayPal accounts can accept and maintain USD funds from all customers. No cross-border fees are charged on payments from US customers in USD or CAD dollars. The challenge that arises is in transferring funds out of a Canadian PayPal account in USD. Canadian PayPal accounts may not have a PayPal debit card (whether or not PayPal allows USD funds withdrawal in the form of mailed checks is unclear). Electronic withdrawals to a Canadian bank account can only be done in Canadian funds subject to PayPal’s non-competitive exchange rates. Depending on a one’s margins he/she may be able to absorb this fee but will be left with Canadian dollars in his/her bank account.


See where one can locate rules such as: § 103.121 Customer Identification Programs for banks, savings associations, credit unions, and certain non-Federally regulated banks.

(a)  Definitions. For purposes of this section:

(1)(i)  Account means a formal banking relationship established to provide or engage in services, dealings, or other financial transactions including a deposit account, a transaction or asset account, a credit account, or other extension of credit. Account also includes a relationship established to provide a safety deposit box or other safekeeping services, or cash management, custodian, and trust services.

(ii)  Account does not include:

(A)  A product or service where a formal banking relationship is not established with a person, such as check-cashing, wire transfer, or sale of a check or money order;

(B)  An account that the bank acquires through an acquisition, merger, purchase of assets, or assumption of liabilities; or

(C)  An account opened for the purpose of participating in an employee benefit plan established under the Employee Retirement Income Security Act of 1974.

(2)  Bank means:

(i)  A bank, as that term is defined in § 103.11(c), that is subject to regulation by a Federal functional regulator; and

(ii)  A credit union, private bank, and trust company, as set forth in § 103.11(c), that does not have a Federal functional regulator.

(3)(i)  Customer means:

(A)  A person that opens a new account; and

(B)  An individual who opens a new account for:

(1)  An individual who lacks legal capacity, such as a minor; or

(2)  An entity that is not a legal person, such as a civic club.

(ii)  Customer does not include:

(A)  A financial institution regulated by a Federal functional regulator or a bank regulated by a state bank regulator;

(B)  A person described in § 103.22(d)(2)(ii) through (iv); or

(C)  A person that has an existing account with the bank, provided that the bank has a reasonable belief that it knows the true identity of the person.

(4)  Federal functional regulator is defined at § 103.120(a)(2).

(5)  Financial institution is defined at 31 U.S.C. 5312(a)(2) and (c)(1).

(6)  Taxpayer identification number is defined by section 6109 of the Internal Revenue Code of 1986 (26 U.S.C. 6109) and the Internal Revenue Service regulations implementing that section (e.g., social security number or employer identification number).

(7)  U.S. person means:

(i)  A United States citizen; or

(ii)  A person other than an individual (such as a corporation, partnership, or trust), that is established or organized under the laws of a State or the United States.

(8)  Non-U.S. person means a person that is not a U.S. person.

(b)  Customer Identification Program: minimum requirements.

(1)  In general. A bank must implement a written Customer Identification Program (CIP) appropriate for its size and type of business that, at a minimum, includes each of the requirements of paragraphs (b)(1) through (5) of this section. If a bank is required to have an anti-money laundering compliance program under the regulations implementing 31 U.S.C. 5318(h), 12 U.S.C. 1818(s), or 12 U.S.C. 1786(q)(1), then the CIP must be a part of the anti-money laundering compliance program. Until such time as credit unions, private banks, and trust companies without a Federal functional regulator are subject to such a program, their CIPs must be approved by their boards of directors.

(2)  Identity verification procedures. The CIP must include risk-based procedures for verifying the identity of each customer to the extent reasonable and practicable. The procedures must enable the bank to form a reasonable belief that it knows the true identity of each customer. These procedures must be based on the bank's assessment of the relevant risks, including those presented by the various types of accounts maintained by the bank, the various methods of opening accounts provided by the bank, the various types of identifying information available, and the bank's size, location, and customer base. At a minimum, these procedures must contain the elements described in this paragraph (b)(2).

(i)  Customer information required. (A) In general. The CIP must contain procedures for opening an account that specify the identifying information that will be obtained from each customer. Except as permitted by paragraphs (b)(2)(i)(B) and (C) of this section, the bank must obtain, at a minimum, the following information from the customer prior to opening an account:

(1)  Name;

(2)  Date of birth, for an individual;

(3)  Address, which shall be:

(i)  For an individual, a residential or business street address;

(ii)  For an individual who does not have a residential or business street address, an Army Post Office (APO) or Fleet Post Office (FPO) box number, or the residential or business street address of next of kin or of another contact individual; or

(iii)  For a person other than an individual (such as a corporation, partnership, or trust), a principal place of business, local office, or other physical location; and

(4)  Identification number, which shall be:

(i)  For a U.S. person, a taxpayer identification number; or

(ii)  For a non-U.S. person, one or more of the following: a taxpayer identification number; passport number and country of issuance; alien identification card number; or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard.

Note to paragraph (b)(2)(i)(A)(4)(ii):  When opening an account for a foreign business or enterprise that does not have an identification number, the bank must request alternative government-issued documentation certifying the existence of the business or enterprise.

(B)  Exception for persons applying for a taxpayer identification number. Instead of obtaining a taxpayer identification number from a customer prior to opening the account, the CIP may include procedures for opening an account for a customer that has applied for, but has not received, a taxpayer identification number. In this case, the CIP must include procedures to confirm that the application was filed before the customer opens the account and to obtain the taxpayer identification number within a reasonable period of time after the account is opened.

(C)  Credit card accounts. In connection with a customer who opens a credit card account, a bank may obtain the identifying information about a customer required under paragraph (b)(2)(i)(A) by acquiring it from a third-party source prior to extending credit to the customer.

(ii)  Customer verification. The CIP must contain procedures for verifying the identity of the customer, using information obtained in accordance with paragraph (b)(2)(i) of this section, within a reasonable time after the account is opened. The procedures must describe when the bank will use documents, non-documentary methods, or a combination of both methods as described in this paragraph (b)(2)(ii).

(A)  Verification through documents. For a bank relying on documents, the CIP must contain procedures that set forth the documents that the bank will use. These documents may include:

(1)  For an individual, unexpired government-issued identification evidencing nationality or residence and bearing a photograph or similar safeguard, such as a driver's license or passport; and

(2)  For a person other than an individual (such as a corporation, partnership, or trust), documents showing the existence of the entity, such as certified articles of incorporation, a government-issued business license, a partnership agreement, or trust instrument.

(B)  Verification through non-documentary methods. For a bank relying on non-documentary methods, the CIP must contain procedures that describe the non-documentary methods the bank will use.

(1)  These methods may include contacting a customer; independently verifying the customer's identity through the comparison of information provided by the customer with information obtained from a consumer reporting agency, public database, or other source; checking references with other financial institutions; and obtaining a financial statement.

(2)  The bank's non-documentary procedures must address situations where an individual is unable to present an unexpired government-issued identification document that bears a photograph or similar safeguard; the bank is not familiar with the documents presented; the account is opened without obtaining documents; the customer opens the account without appearing in person at the bank; and where the bank is otherwise presented with circumstances that increase the risk that the bank will be unable to verify the true identity of a customer through documents.

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