Having No S.S. Number (yet) For Adopted Youngster: How To Handle on Tax Returns ?

Hello,

My son and daughter-in-law adopted a baby boy last year.

With all the excitement, etc., they have finally just put in for a S.S. card/number for him.

Knowing the "speed" of the local S.S. office processing, no telling when it will arrive.

In doing their taxes, apparently there is a big Adoption Credit, as well as a Child Tax Credit, and the extra Dependent deduction they now have.

But, how do they handle the not having (probably) a S.S. number for the youngster when filing ?

Do they really need one for the tax returns and taking all the credits, etc., for him ?

Possible to get/use a temporarary number ? How ?

Or,... ?

Much thanks as always, Bob

Reply to
Robert11
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"Robert11" wrote

Try waiting. The filing date is far enough out that they'll get a SSN for their son before then.

Then in the off chance that it's not here by April 17th, they can file an extension. And wait.

Reply to
paulthomascpa

My son and daughter-in-law adopted a baby boy last year.

And if you still don't have it by the extended due date you can file the return, leaving the child off. You'll have three (3) to amend the return and pick up the child and the adoption credit.

Gene E. Utterback, EA, RFC, ABA

Reply to
Gene E. Utterback, EA, ABA

You get a really good rate of interest on the refund, better than banks.

Reply to
removeps-groups

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If the baby was born at a US hospital, it is quite possible that s(he) already has a Social Security number. Most US hospitals routinely submit the paperwork for this on newborns.

Being able to claim the baby also is a huge benefit via the Earned Income Credit.

Reply to
bo peep

My wife emigrated to the USA just a few months ago and we got her SSN rather quickly. I think we went to the social security office on a Thursday. They said something to hint that they could have given us a SSN right away if we had asked. About a week later we went to the DMV to get her driving permit, and they wouldn't accept the letter from Social Security, so we drove back to the SS office where they gave us a letter with her SSN on it. Her card arrived about 2 1/2 weeks later.

So you can probably get the number if you go back to the SS office, and if not, the card should arrive pretty soon if there are no hangups.

Reply to
Hank Youngerman

It's taking around 3 weeks to obtain the card here in New Mexico. Less if you don't wait for the card. You can obtain the number before arrival of the card. The few people that I know from Texas tell me it takes a week.

Reply to
Alan

A friend adopted a few years ago. His adopted child was issued an SSN at birth, but the adoption attorney advised him to obtain a new SSN to ensure all ties were severed with the birth parents. Apparently, this is a common practice.

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Reply to
paultry

SNIP

Apparently a temp TIN is possible. Take a look at

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see if it applies to your situation

Reply to
Reed

Not on an additional refund that results from an amended return.

Reply to
Bill Brown

I've always got a good rate of interest after filing an amended return for a refund.

Reply to
removeps-groups

Before the adoption was finalized, they could have applied for a temporary number on Form W-7A, Application for Taxpayer Identification Number for Pending U.S. Adoptions. Given that the adoption has been finalized, the boy is ineligible for this temporary number.

The parents applied for the boy's Social Security Number after the adoption was finalized. Now, they must wait for SSN to be assigned before filing tax returns to claim him as a dependent and to claim other applicable credits. If they'll owe taxes, they'll have to go on extension.

Two additional notes, probably not applicable to this situation:

If the boy were not a citizen nor resident alien, he's not eligible for SSN and wouldn't apply for ATIN. Instead, the parents would have to apply for on Form W-7, Application for IRS Individual Taxpayer Identification Number. ITIN is assigned to a foreign national for tax purposes only who isn't eligible for SSN. It might be necessary if a college fund were being opened for the boy, as an example.

The Earned Income Credit cannot be claimed if the boy doesn't yet have an assigned SSN. To claim EIC after SSN is assigned, an amended return must be filed. With ATIN assigned before SSN is assigned, the boy could be claimed as a dependent, and if eligible, the child care credit, the adoption, and the child tax credit may be claimed.

Reply to
Adam H. Kerman

Bill

I don't think that's right. Amended returns of all shapes and sizes seem to trigger interest.

Reply to
Arthur Kamlet

One exception, that is, an amended return that doesn't trigger interest, is an amended return that is filed because of an NOL carryback. Interest is only paid on that return if the IRS takes too long to process the refund after the amended return is filed.

Ira Smilovitz Leonia, NJ

Reply to
ira smilovitz

The "big," refundable tax credit is for a special needs child. A letter certifying that status must be obtained from the appropriate adoption authority and a copy must be attached to the tax return.

A return claiming an adoption credit cannot be e-filed.

Regards, Bill

Reply to
Bill Brown

Thanks for the correction. I guess I've never amended a return where I got money back.

Reply to
Bill Brown

Universally not true. If the IRS takes more than 60 days to process it (or

60 days from the due date, if later), they must pay interest.
Reply to
D. Stussy

There's also a statute about it.

BEGIN QUOTE IRC 6611

(a) Rate Interest shall be allowed and paid upon any overpayment in respect of any internal revenue tax at the overpayment rate established under section 6621.

END QUOTE

That same sections disallows interest on late filed returns, incomprehensible language that appears to disallow interest on NOL, FTC carryback, and other credit carrybacks (like I imagine the first time homebuyers credit), a 45 or 180 day rule that no interest if amended return filed 45 or 180 days after original return, limiting the refund if it was initiated by the IRS, etc.

IRC 6621 defines the rates

BEGIN QUOTE

(a) General rule (1) Overpayment rate The overpayment rate established under this section shall be the sum of ? (A) the Federal short-term rate determined under subsection (b), plus (B) 3 percentage points (2 percentage points in the case of a corporation). To the extent that an overpayment of tax by a corporation for any taxable period (as defined in subsection (c)(3), applied by substituting ?overpayment? for ?underpayment?) exceeds $10,000, subparagraph (B) shall be applied by substituting ?0.5 percentage point? for ?2 percentage points?. (2) Underpayment rate The underpayment rate established under this section shall be the sum of? (A) the Federal short-term rate determined under subsection (b), plus (B) 3 percentage points.

END QUOTE

The long term rate is already better than any bank interest, and to that they add 3%. Am I reading something wrong here?

Reply to
removeps-groups

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