Is baby a dependent for tax purposes if adoption is not yet finalized?

[grahamcracker]

Originally Posted by Beth. 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.

Thank you!

[sunnymommy]

Just wondering why do the babies not have a social security number? Both our dd2 who was foster and dd3 who is private infant adoption had/have social security numbers..

DD2 was born in August (came home to us from the hospital) and we told the social worker we needed a ssn to claim her as a foster child dependent so she applied for one and gave us the #. Then we applied for a new # after the adoption was final at 15 months old.

DD3 (private infant adoption) her BM gave us her SSN but I imagine the agency would have got it for us if we didn't know it.

Is it common for babies to not even have one until finalization?

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

eta: oops I see Beth beat me to posting the link !

[Beth.]

Both of our kiddos were private adoption and neither had a SSN that we knew about. It's possible their first moms applied for one, but I just ignored the fact that was a possibility. We applied for SSNs once we had their amended birth certificates. We finalized each of our adoptions right before tax season, so we just had to wait for SSNs instead of applying for ATINs. I don't know that there is a one-size fits all answer on the SSN. Foster kiddos should have a SSN, but getting it might not be possible. There's also the issues of bios filing the kid(s) as dependants when they shouldn't be. The first one to file for a kiddo as a dependant gets the money; the second one gets an audit. I have read that some foster parents don't bother filing their fkids as dependants because of the hassle.

[dalynn1997]

Originally Posted by Msheidiann I was going to post this question too. Anyone know if a ss# is needed, because T doesn't have one.

If you don't have SSN you can apply for an ATIN and use it instead or you can amend taxes after you finalize and have a SSN.

A foster child is a dependent if they have lived with you 6 months and 1 day of the tax year or if they came straight for hospital to your home after birth and lived remainder of the year if less than 6 months and one day. Most foster children have SSN even if SW don't think do bc their Medicaid is hooked to it. Have your CW contact Social Security office.

[fostermommyJ]

It's very simple. If the child spends 6 months and one day in your home in any given year, you can claim them for that year. This is regardless of whether you are fostering or adopting, or even if you are just keeping a relatives child.

[~*~Sunflower~*~]

Originally Posted by fostermommyJ It's very simple. If the child spends 6 months and one day in your home in any given year, you can claim them for that year. This is regardless of whether you are fostering or adopting, or even if you are just keeping a relatives child.

We were told that we could NOT claim our foster children, or we would have to refund the money we received from the state for their care! Very confusing to hear otherwise! LOL

[fostermommyJ]

That may be the case with your state income taxes in CA, but, the federal tax law is very clear and specifically lists foster children as potential dependents as long as they were with you 6+ months. We claimed a foster child last year, and we were actually audited due to taking an adoption tax credit( Everyone that takes the credit gets reviewed). They never said anything about us claiming our foster child that was with us 9 months.

[fostermommyJ]

Originally Posted by ~*~Sunflower~*~ We were told that we could NOT claim our foster children, or we would have to refund the money we received from the state for their care! Very confusing to hear otherwise! LOL

That may be the case with your state income taxes in CA, but, the federal tax law is very clear and specifically lists foster children as potential dependents as long as they were with you 6+ months. We claimed a foster child last year, and we were actually audited due to taking an adoption tax credit( Everyone that takes the credit gets reviewed). They never said anything about us claiming our foster child that was with us 9 months.

[WynneBabies]

Originally Posted by dalynn1997 If you don't have SSN you can apply for an ATIN and use it instead or you can amend taxes after you finalize and have a SSN. A foster child is a dependent if they have lived with you 6 months and 1 day of the tax year or if they came straight for hospital to your home after birth and lived remainder of the year if less than 6 months and one day. Most foster children have SSN even if SW don't think do bc their Medicaid is hooked to it. Have your CW contact Social Security office.

This is my understanding too. Dfd was born in August and came to us straight from the hospital at three days old. We will be claiming her. Hoping to get her SS# soon.

[Msheidiann]

UGH! So, they cannot get T a SS# because he was never given a legal name...or that's what they are telling me. So, if he is technically a foster child, do we still apply for the ATIN? Our placement paperwork doesn't say it's for adoption...

We may just have to amend our taxes later. It's such a PITA because we keep getting different info. Sigh.