Ammend returns with ssn

[adad87882021]

Hi , if anyone here can help to share their tax expertise for my situation, I would appreciate it

I came to USA on 2018 and after that had two babies on 2020 and 2021. So My husband filed 2018, 2019, 2020, 2021 MFS because I didnt have any ITIN/SSN. we got 2020, 2021 CTC for mybabies with MFS returns. 

but I got My SSN and ITIN both on 2022 and we filed MFJ on 2022.

so my questions are,

1. do we need to ammend our 2020 and 2021 returns from MFS to MFJ?

2. if I do it it will be effect for CTC which my husband alredy claimed on 2020 and 2021 under MFS? ( i never filed 2020, 2021, because i havent any SSN/ITIN at that time)

Thanks

[tagteam]

@pk

[pk]

@adad87882021 , we need to know your  and your husband's visa status;  which country are you from etc. ?

Generally, if you did not work / earn  during 2018/2019/2020/2021, then I am not sure that  amending the return  ( because you have a Tax ID -- SSN ) would change anything.  Also you can ONLY amend three prior  returns for refunds but can file amended return for at least six years  if you are  filing to pay more tax. and interests and penalties.

I will circle back once I hear from you 

[Opus 17]

Note that you always could have filed MFJ for 2020 and 2021, you would just have had to apply for an ITIN if you were not eligible for an SSN.  

You can file amended returns to change to joint filing status for 2020 and 2021.  It will not change the amount of child tax credit your spouse already received.  It may lower your tax in other ways, since MFJ has lower tax rates and some deductions are more favorable.  However, any tax benefits that would have required you to have an SSN won't be paid if you amend, because you needed to have the SSN before the original filing deadlines.  (For example, you won't be eligible for EIC, since that would have required a joint return with 2 valid SSNs to be filed originally.)

[adad87882021]

thanks for the reply. i accually no intent to claim EIC because i know i dont have any SSNat that time. but i was worry that if we ammend our 2021, 2021 filling status from MFS to MFJ,  it will effect for our child credit my husband alreay claimed under MFS because at that moment i didnt had any SSN/ITIN

but now i have my SSN we will ammend our 2020, 2021 tax returns filling status from MFS to MFJ

thanks

[adad87882021]

yes i know no ny income change. but i want to change the filling sttus from MFS to MFJ in 2020 and 2021. 

[Opus 17]

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@adad87882021 wrote:

thanks for the reply. i accually no intent to claim EIC because i know i dont have any SSNat that time. but i was worry that if we ammend our 2021, 2021 filling status from MFS to MFJ,  it will effect for our child credit my husband alreay claimed under MFS because at that moment i didnt had any SSN/ITIN

but now i have my SSN we will ammend our 2020, 2021 tax returns filling status from MFS to MFJ

thanks

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Each child must be a US citizen or green card holder to be eligible for the child tax credit.  But the parents do not.  The fact that you did not have an SSN at the time will not disqualify the credit.  You won't get more, since your husband already received it.  But it won't be taken away.