You can safely sell your own used clothes casually without violating your F-1 visa, but you cannot get an Individual Taxpayer Identification Number (ITIN) just to satisfy a selling platform.
“I am an international student in the US with no SSN or other tax numbers. I am selling my own used clothes on Depop (not running a business or making a profit), but I cannot withdraw my money because they require a tax ID. What can I do to access my funds? Can I bypass this by linking my home country's bank account, or is there a way to get an ITIN for casual selling? Are there other platforms that are better for international students without an SSN?”
Summary
You can cross the visa worry off your list. Selling your personal used clothes to clear out your closet is not considered unauthorized work.
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Why you cannot get an ITIN, and how your visa applies
First, selling your own used clothes casually is safe. Immigration attorneys advise that selling personal belongings you no longer need is not considered unauthorized work, as long as you are not buying items to resell for a profit.
However, you cannot get an Individual Taxpayer Identification Number (ITIN) just for casual selling. An ITIN is a 9-digit number the IRS issues to people who need a US taxpayer ID but cannot get a Social Security Number (SSN). To get one, you must have a valid federal tax purpose, such as being legally required to file a US federal income tax return.
Because you do not have a federal tax purpose, you cannot apply for an ITIN to give to the platform.
Bank accounts and other platforms
You asked if linking your home country's bank account bypasses the tax ID requirement. The IRS and financial rules do not say whether a foreign bank account changes a US platform's ID collection process.
You also asked if there are other platforms that are better for international students without an SSN. The tax and immigration rules do not list alternative platforms.
For your current sales, the IRS requires payment apps to send you a Form 1099-K only if your business transactions exceed $20,000 and 200 transactions in a year.
Next steps
International students on F-1 visas are automatically considered nonresident aliens for their first 5 calendar years in the US. You can try explaining your foreign status to the platform using official IRS forms. There is no official process to force a private company to release funds without an ITIN, but it is often worth trying these steps with their support team.
Decline to provide a Form W-9
Form W-9 is the form used to request a taxpayer identification number, but you only use it if you are a US person or resident alien.
Offer to submit a Form W-8BEN instead
Form W-8BEN is the Certificate of Foreign Status that nonresident aliens use to prove they are foreign persons.
Remind the platform of the IRS reporting threshold
Point out that the IRS only requires a Form 1099-K for transactions over $20,000 and 200 transactions.
Legal sources
This answer relies on IRS regulations and guidance from immigration attorneys.
Green Card Risks for Online Selling
Selling personal belongings you no longer need is generally not considered unauthorized work.
Selling Personal Belongings: If you're just clearing out your garage, selling clothes that don't fit, or offloading old electronics you once owned, this is usually fine. You're not making a profit, just recovering some of your original cost.
IRS ITIN Overview
An ITIN is a 9-digit number for individuals who need a US taxpayer ID but cannot get an SSN.
An ITIN is a 9-digit number the IRS issues if you need a U.S. taxpayer identification number for federal tax purposes, but you aren’t eligible for a Social Security number (SSN).
IRS ITIN Eligibility
You must have a federal tax purpose, such as a requirement to file a tax return, to get an ITIN.
You need an ITIN if you have a federal tax purpose and you’re not eligible for an SSN. ... You have a federal tax purpose when you: Are legally required to file a U.S. federal income tax return
IRS Publication 17
Payment apps are only required to issue a Form 1099-K if your transactions exceed $20,000 and 200 transactions.
Payment card companies, payment apps, and online marketplaces will be required to send you a Form 1099-K only if the amount of your business transactions during the year is more than $20,000 and the total number of your transactions is more than 200.
Sprintax Tax Guide
F-1 students are considered nonresident aliens for tax purposes during their first five years in the US.
International students on F-1 visas are automatically considered nonresident aliens for their first 5 calendar years in the U.S.
Form W-9 Instructions
Form W-9 is only used by US persons and resident aliens.
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
Form W-8BEN Overview
Form W-8BEN is used by foreign persons to certify their foreign status.
Give Form W-8 BEN to the withholding agent or payer if you are a foreign person and you are the beneficial owner of an amount subject to withholding.
SettleKit is not a law firm and this is general information. Confirm your specific situation with a licensed immigration attorney.
SettleKit is not a law firm and this is general information.
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