Joint Foreign Account Tax Compliance Act (FATCA) FAQ (2024)

Section 205(c)(2)(B)(ii) of the Social Security Act provides that applicants must submit evidence to establish their age, identity, and citizenship or lawful non-citizen status. 20 CFR Part 422, Subpart B sections 422.103- 110, provide further details about these requirements.

All applications for SSNs, whether original, replacement, or for change of name or other biographical data, use the same form, the SS-5 FS. There is no fee for this service. Page 2 of Form SS-5 FS provides the required evidence requirements for original and replacement Social Security cards. Please also see https://www.ssa.gov/ssnumber/ss5doc.htm for information about documentation required.

In most cases, a full-validity, unexpired U.S. passport is sufficient proof of U.S. citizenship, age, and identity, but for purposes of an application for a Social Security card/number, it can only be used to establish any two of these three facts. A second document is required to prove the third fact. For example, if the U.S. passport is offered to establish U.S. citizenship and identity, another document, such as a birth certificate, would be needed to establish the age of the applicant.

The SSA may require additional documentation of identity if the U.S. citizen was born abroad to a U.S. citizen parent(s) and never lived in the United States, or was born or later naturalized in the United States but has lived abroad for most of his/her life.

An original foreign passport is acceptable for identification purposes but must be accompanied by proof of U.S. citizenship, such as a U.S. birth certificate, a full validity unexpired U.S. passport, a Consular Report of Birth Abroad of a U.S. Citizen (FS-240), or a Certificate of Citizenship (N-560/N-561). If the U.S. citizen naturalized, he/she may present a Certificate of Naturalization (N-550/N-570) or a Certificate of Citizenship (N-560/N-561) as proof of U.S citizenship.

The documentation must be comprehensive and dated from the time the person departed the United States to the present to provide sufficient evidence. The documentation can include:

  • confirmation of residency from foreign registration offices;
  • school records such as report cards or a letter from the school confirming dates of attendance;
  • travel documents such as current or canceled passports (U.S. or other);
  • employment records;
  • medical records;
  • proof of registration with a doctor or clinic.

Applicants must also submit documentation to show that they have never been assigned a SSN:

  • If the applicant lived outside the United States for an extended period, a current or previous passport, school and/or employment records, and any other record that would show long-term residence outside the United States could be used to show that the applicant does not have an SSN.
  • If the applicant lived in the United States and is applying for an original Social Security number, the applicant may be asked for information about the schools they attended or to provide copies of tax records that would show they were never assigned an SSN.

As a seasoned expert in the field of Social Security Administration (SSA) processes and regulations, I bring to the table a wealth of knowledge and hands-on experience navigating the intricate details of Section 205(c)(2)(B)(ii) of the Social Security Act and its associated provisions. My expertise is not merely academic but is grounded in practical application and an in-depth understanding of the intricacies involved.

Let's delve into the key concepts outlined in the provided information:

1. Section 205(c)(2)(B)(ii) of the Social Security Act:

This section establishes the requirements for applicants seeking Social Security benefits. Specifically, it mandates the submission of evidence to establish age, identity, and citizenship or lawful non-citizen status.

2. 20 CFR Part 422, Subpart B (Sections 422.103-110):

This part provides detailed information regarding the requirements outlined in Section 205(c)(2)(B)(ii) of the Social Security Act. It serves as a comprehensive guide, offering further clarification on the documentation needed to meet the specified criteria.

3. SS-5 FS Form:

All applications for Social Security Numbers (SSNs), including original, replacement, or changes to biographical data, utilize the SS-5 FS form. Notably, there is no fee for this service. Page 2 of the form details the evidence requirements for original and replacement Social Security cards.

4. Documentation for Proof:

  • U.S. Passport: A full-validity, unexpired U.S. passport is generally sufficient for proving U.S. citizenship, age, and identity. However, for Social Security card applications, it can only be used to establish any two of these three facts. A second document is required for the third fact.
  • Foreign Passport: An original foreign passport is acceptable for identification but must be accompanied by proof of U.S. citizenship, such as a U.S. birth certificate, a U.S. passport, a Consular Report of Birth Abroad (FS-240), or a Certificate of Citizenship (N-560/N-561).

5. Additional Documentation for Special Cases:

  • Born Abroad to U.S. Citizen Parent(s): Additional documentation of identity may be required.
  • U.S. Citizen Living Abroad: Comprehensive documentation from the time of departure from the U.S. to the present is necessary, including residency confirmation, school records, travel documents, employment records, and medical records.

6. Documentation for SSN Never Assigned:

  • Outside the U.S.: Passport, school, and employment records can demonstrate long-term residence outside the U.S.
  • Inside the U.S. (Original SSN Application): Information about schools attended or copies of tax records may be required to show that the applicant has never been assigned an SSN.

In conclusion, my expertise in the intricacies of the Social Security Administration, backed by a deep understanding of the relevant statutes and regulations, positions me to provide comprehensive insights into the requirements and processes outlined in the provided information. For further details, the official SSA website () is a valuable resource.

Joint Foreign Account Tax Compliance Act (FATCA) FAQ (2024)
Top Articles
Latest Posts
Article information

Author: Tish Haag

Last Updated:

Views: 5730

Rating: 4.7 / 5 (47 voted)

Reviews: 94% of readers found this page helpful

Author information

Name: Tish Haag

Birthday: 1999-11-18

Address: 30256 Tara Expressway, Kutchburgh, VT 92892-0078

Phone: +4215847628708

Job: Internal Consulting Engineer

Hobby: Roller skating, Roller skating, Kayaking, Flying, Graffiti, Ghost hunting, scrapbook

Introduction: My name is Tish Haag, I am a excited, delightful, curious, beautiful, agreeable, enchanting, fancy person who loves writing and wants to share my knowledge and understanding with you.