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grifmic
Returning Member

Child Tax Credit

This is in regards to 2020 taxes where i filed in September as i was waiting for the SSN for my daughter who was born in 2020.  Due to the Adoption process being very drawn out with getting a court date and then waiting for the birth certificates to be issued after the court date to be able to submit for a SSN we didn't get the social until around August of 2021.  I filed my taxes and the IRS reduced my refund as the SSN was issued after the filing deadline.  I was under the impression that no extension to file was needed since a refund was being issued and this was confirmed by the FAQ on turbotax which i posted below.  I sent a letter back to the IRS to appeal and they denied it since no extension was filed.  Is there any recourse for this as it seems like a crazy rule under the circumstances?  The SSN issue date doesn't change the fact that my daughter was born in 2020 which seems to be disregarded.  Thanks for any help.

 

 

 

TurboTax HelpIntuit

Do I need to file an extension if I'm getting a refund?

Technically no, at least when it comes to your federal return.

Because the IRS calculates the late-filing penalty off of any additional taxes you owe ($0 in your case), there's no penalty because $0 × anything = $0.

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3 Replies

Child Tax Credit

this is from the IRS website: 

 

Each qualifying child must have the required social security number (SSN). If you have a qualifying child who does not have the required SSN, you cannot use the child to claim the ACTC on either your original or an amended 2020 return. The required SSN is one that is valid for employment andis issued before the due date of your 2020 return (including extensions).

 

https://www.irs.gov/pub/irs-pdf/i1040s8.pdf 

 

(look at the middle top of page 1)

 

 

Child Tax Credit

Unfortunately that FAQ asks 'if i am getting a refund'. 

 

It doesn't ask "do I need to file an extenion if I am waiting on a social security number for a new born"

 

I suspect that answer would have been very different.

 

yuck 

Child Tax Credit

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