Looking for information on when it is required to give a social security number?

Question

I'm looking for a IRS, DOL, SSA or other level of authority that describes the situations where it is absolutely necessary to give an SSN. I'm fairly sure it is part of an IRS publication, but I cannot recall which one.

Thanks.

Also, any sources that include general background checks would be appreciated.

Thanks, PepsiLime, but I was looking for something from a government agency and not that website.

Answer 1

Here's a link to when it is required.

Am I required to give my Social Security number to government agencies?

The answer depends upon the agency. Some government agencies, including tax authorities, welfare offices, and state Departments of Motor Vehicles, can require your SSN number as mandated by federal law (42 USC 405 (c)(2)(C)(v) and (i)). Others may request the SSN, leading you to believe you must provide it.

The Privacy Act of 1974 requires all government agencies — federal, state and local — that request SSNs to provide a "disclosure" statement on the form. The statement explains whether you are required to provide your SSN or if it’s optional, how the SSN will be used, and under what statutory or other authority the number is requested (5 USC 552a, note). The U.S. Office of Management and Budget, Office of Information and Regulatory Affairs (OIRA) provides guidance and oversight regarding the Privacy Act of 1974. The text of the Privacy Act can be found at the Web site www.usdoj.gov/foia/privstat.htm

The Privacy Act states that you cannot be denied a government benefit or service if you refuse to disclose your SSN unless the disclosure is required by federal law, or the disclosure is to an agency that has been using SSNs before January 1975, when the Privacy Act went into effect. There are other exceptions as well. Read the U.S. Department of Justice's explanation at this Web site, www.usdoj.gov/04foia/1974ssnu.htm .

If you are asked to give your SSN to a government agency and no disclosure statement is included on the form, you should complain to the agency and cite the Privacy Act of 1974. You can also contact your Congressional representative and U.S. Senators with your complaint. Unfortunately, there appear to be no penalties when a government agency fails to provide a disclosure statement.

A relatively new federal program called the Federal Parent Locator Service — and its subset, the National Directory of New Hires — uses computerized databases to provide addresses and SSNs to state and local agencies to help locate parents evading child-support orders or to resolve parental kidnapping and child custody cases. No consent is required. While beneficial, such databases contain the potential for abuse if other purposes are found for such information.

Must I give my Social Security number to private businesses?

Usually, no, you do not have to provide your Social Security number. You are not legally required to provide your SSN to private businesses — including private health care providers and insurers — unless you are involved in a transaction in which the Internal Revenue Service requires notification. (MediCal and Medicare are government health plans and can require a Social Security number.)

There is no law, however, that prevents businesses from requesting your SSN, and there are few restrictions on what businesses can do with it. However, even though you are not required to disclose your SSN, the business can refuse to provide you with service if you refuse to give it.

If a business insists on knowing your SSN when you do not see a reason for it, we encourage you to speak to a manager who may be authorized to make an exception or who may know whether company policy requires it. If the company will not allow you to use an alternate number such as your driver’s license number, you may want to take your business elsewhere.

Credit card applications usually request SSNs. Your number is used primarily to verify your identity in situations where you have the same or a similar name to others. Most credit grantors will insist on having your SSN. But in rare cases, you may be able to find a credit grantor who will provide you credit without knowing your SSN, especially if you are persistent and can provide other forms of identification.

If you are dealing with a credit reporting agency, such as Experian, Equifax, or TransUnion, you will generally need to give your SSN because they claim that’s how the agency will find your file from among the millions of records they maintain. These agencies already have your SSN.

Unfortunately, you do need to give out your SSN over the telephone to stop receiving pre-approved credit card offers. This becomes an issue when calling (888) 5 OPT-OUT (1-888-567-8688), the toll-free line shared by the three credit bureaus whose mailing lists are often used to generate credit card solicitations. You can use the agencies’ online form instead https://www.optoutprescreen.com . While that doesn’t require the SSN, the agencies say that including it will help to ensure your request will be successful.

In California, the law restricts how certain businesses can display their customers’ Social Security numbers. It does not restrict the collection of SSNs, however, and it doesn’t affect government agencies. California Civil Code §1798.85 prohibits, for example, insurance companies from printing the SSN on identification cards that are carried in the wallet. Similarly, customers of banks and investment companies cannot be required to transmit the SSN over the Internet when conducting business online, unless the number is encrypted. SSNs cannot be printed on documents sent through the mail, with some exceptions.

The California Office of Privacy Protection provides a guide for businesses on “recommended practices” for using SSNs. It includes a description of the law at www.privacy.ca.gov/recommendations/ssnrecommendations.pdf The full text of the law is found on the state’s official legislative Web site, www.leginfo.ca.gov

Other state legislatures and Congress have considered similar laws since passage of California’s landmark law. Visit the Web site of the National Conference of State Legislatures and use its search engine for “Social Security numbers.” www.ncsl.org


Okay Molly, would this be the additional info you are basically looking for? You are required to give your social security number on your tax return, and you have to give your social security number to any bank that is paying you interest and any company that is paying you dividends, and also to your employer. Basically, you are required to give your social security number to anyone who has to report income to you, or payments from you to the IRS.

I also found a 2nd link that might give you the answer that you are seeking. It's not an irs pub but seems to give answers about govt agencies.

Answer 2

I don't know if there are any publications which will spell out in detail the exact circumstances when you are required to provide your social security number, but as a general rule, you are required to provide this number to your employer and to any bank when you open up an account of any nature that pays you interest on your funds. The reason for this is to provide the IRS with a means to determine if you are reporting all of your income on your annual tax filings. It also is a means whereby a state can verify your income for tax purposes also.

Answer 3

gbhbfbbhvgfbbgfyfbhgbfbfbdbbbdbfdbsbhgbhfdzlzdfjvhjdvh