IRS Letter 5821 — Your ITIN Has Expired

IRS Letter 5821 informs your ITIN expired (not used in 3 consecutive tax years). You need to renew before filing next return.

IRS Letter 5821 — Your ITIN Has Expired

IRS Letter 5821 informs your ITIN expired (not used in 3 consecutive tax years). You need to renew before filing next return.

What to do

  1. File Form W-7 to renew BEFORE next tax filing. 2. Include passport (original or CAA-certified). 3. Can file W-7 with tax return as one package. 4. Processing: 7-11 weeks. 5. Don’t file return until ITIN renewed — otherwise rejected.

Common scams to avoid

⚠️ Always verify letter is legitimate BEFORE acting:

  • USCIS NEVER calls first — always letter first
  • IRS NEVER asks for payment in bitcoin, gift cards, instant transfer
  • USCIS/IRS do NOT threaten deportation by phone
  • Verify case number at egov.uscis.gov or irs.gov/account
  • Call OFFICIAL number from uscis.gov/irs.gov — NOT the number on suspicious letter

Resources


Last verified: 2026-05-25.

General information — not legal advice. Consult attorney or CPA with ITIN/immigration experience.

Recent IRS notice code context (2025-2026)

The IRS sent approximately 220 million notices to taxpayers in FY 2024, including CP series (computer-generated routine notices) and Letter series (manually-generated complex notices). Common notices for immigrant taxpayers: CP01 (identity theft confirmation), CP14 (balance due — typically $1-$100K), CP14H (Shared Responsibility Payment for missing health coverage 2014-2018 tax years), CP501 (first reminder), CP2000 (underreporter notice — IRS thinks you under-reported income), Letter 5821 (ITIN expiring).

For CP14/CP501 balance-due notices, set up a payment plan online at irs.gov/payments or call 1-800-829-1040. Short-term plans (under 180 days) have NO setup fee but accrue 0.5% monthly late-payment penalty + interest (currently ~8% annual). Long-term Installment Agreements: $31 online setup fee for direct debit, $130 for non-direct-debit. Offer in Compromise (settle for less than full balance): non-refundable $205 application fee + 20% of offer amount.

For CP2000 (underreporter): respond within 30 days with documentation OR pay the proposed assessment. Ignoring leads to a CP2501, then CP3219A (Statutory Notice of Deficiency / 90-day letter), then Tax Court petition required to challenge in court. Free help: VITA sites (irs.treasury.gov/freetaxprep), Low Income Taxpayer Clinics (LITCs at irs.gov/litcmap), Tax Court Pro Bono Program. IRS Form 656 (Offer in Compromise booklet) at irs.gov/forms-pubs/about-form-656.

For ITIN expiration (Letter 5821): renew before filing your next return using Form W-7 marked “RENEWAL.” Processing approximately 7-11 weeks. ITIN with middle digits 70-88 expired 2017-2019; middle digits 90-99 expired 2020-2024. Verify renewal status at the Austin Service Center (ITIN Operations).

Frequently asked questions

What does it mean that USCIS sent me an RFE?
RFE = Request for Evidence. USCIS needs more documents to process your case. NOT a denial — it’s a pause with deadline to respond (typically 60-87 days). Respond with EVERYTHING requested. Failure to respond = denial.
How long do I have to respond to a USCIS Notice?
Depends on type. RFE: 60-87 days. NOID (Notice of Intent to Deny): 30-33 days. Most other notices: 30-60 days. Deadline is on first page of notice. DO NOT ignore — failure to respond = denial.
If I received an IRS letter, should I be worried?
Most are routine: info requests, minor changes, reminders. You DO need to respond by specific deadlines. DO NOT volunteer additional info. Take letter to CPA/IRS Authorized representative. NEVER call number in letter if suspicious — go to irs.gov directly.
Is this USCIS/IRS letter legitimate?
Verify: (1) USCIS letters have specific format, case number (alphanumeric 13 chars), official address. (2) IRS NEVER calls first — always letter first. (3) Use official site: USCIS Case Status (egov.uscis.gov) or IRS Account (irs.gov/account). COMMON SCAMS: ask for bitcoin/gift cards, threaten deportation, urgent.