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Old 01-03-2013, 02:24 PM   #1
sunnymommy
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Is baby a dependent for tax purposes if adoption is not yet finalized?

Anyone know if the baby is a dependent when we file our taxes for 2012 although her adoption will not be final until spring? When we adopted dd2 we got to claim her from birth but she was a foster child. No one else is going to claim her, so it would make sense that we could.


This is all I can find, but it seems open to interpretation.
"The term ‘adopted child’ includes a child who was lawfully placed with you for legal adoption."

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Old 01-03-2013, 02:34 PM   #2
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Re: Is baby a dependent for tax purposes if adoption is not yet finalized?

If she is longing with you for 7 months or more then yes you can put ad dependant. If baby and pregnant and due in december baby is considered with you for allotted time to claim on taxes.surrogate mom preg I'm not sure.
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Last edited by abunchoflemons; 01-03-2013 at 02:37 PM. Reason: adding to thought
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Old 01-03-2013, 03:39 PM   #3
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I was going to post this question too. Anyone know if a ss# is needed, because T doesn't have one.
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Old 01-03-2013, 03:49 PM   #4
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Re: Is baby a dependent for tax purposes if adoption is not yet finalized?

Yes, we had to have social security number to file when we adopted dd2.
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Old 01-03-2013, 04:10 PM   #5
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Re: Is baby a dependent for tax purposes if adoption is not yet finalized?

dangit. I need to talk to the SW tomorrow about how we can claim him.
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Old 01-03-2013, 04:18 PM   #6
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Re: Is baby a dependent for tax purposes if adoption is not yet finalized?

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Originally Posted by Msheidiann View Post
dangit. I need to talk to the SW tomorrow about how we can claim him.
if you are currently fostering him, you cant claim him on your taxes.
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Old 01-03-2013, 04:30 PM   #7
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Re: Is baby a dependent for tax purposes if adoption is not yet finalized?

Yes you can claim them in most cases. Is it a foster situation? Then there are most detailed requirements that you have to meet. In the case of an infant or international adoption, once they are placed with you, you can claim them, usually - you don't have to meet the 7 month requirement. If you don't yet have a social security number for them, but you meet the requirements to claim them, you can apply for an ATIN - adoption tax identification number. You use that to claim them until you get the SSN. The only catch is that I don't think a child with an ATIN can be a qualifying child for the earned income credit, if I recall correctly. However, if you would otherwise qualify for the eic, you can go back and amend once you get the SSN.

If you are going to need an ATIN apply now. I believe it takes 8 weeks to process.
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Old 01-03-2013, 05:09 PM   #8
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I need to ask about this. I was told if over 6 months in our home, but we are shy of that by a few weeks but I thought there was a clause about the child being in the home the longest period of time? Example even if child A was only in a home for 5 months, this was the longest the childs was in a single home during that year so that home claims him. Does that sound familiar to anyone? Isn't everyones dh a tax lawyer?
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Old 01-03-2013, 06:32 PM   #9
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Re: Is baby a dependent for tax purposes if adoption is not yet finalized?

I was coming here with the same question. OUr baby was born 6/21/12 and we took her home from the hospital, but the adoption isn't finalized and we won't get a ss# until it is.
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Old 01-03-2013, 07:20 PM   #10
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Re: Is baby a dependent for tax purposes if adoption is not yet finalized?

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Originally Posted by grahamcracker View Post
I was coming here with the same question. OUr baby was born 6/21/12 and we took her home from the hospital, but the adoption isn't finalized and we won't get a ss# until it is.
Apply tomorrow for an ATIN.

http://www.irs.gov/Individuals/Adopt...ication-Number

You should have the number in 6-8 weeks. You use that instead of a SSN to claim her as a dependant on your taxes.
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