I'm trying to file our tax return and TurboTax keeps saying our children qualify for the Additional Child Tax Credit. However, they don't, since they don't have ITIN or SSN (can't apply for it without green card. The visa we have won't allow it and they're too young for ITIN)
So how do I remove the credit from my tax return? Don't want to get in trouble with IRS for claiming something we're not qualified for. Read somewhere to remove the form 8812, will that do the trick and is that OK to do?
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Since the child does not have an ITIN or a Social Security number, you remove them as a dependent on your tax return.
If using the TurboTax online editions, click on My Info on the left side of the online program screen and delete them as dependents.
If using the TurboTax desktop editions, click on Personal Info at the top of the desktop program screens and delete them as dependents.
And that won't cause any issues, removing them?
Last year we did our taxed through an agency and they added the children to our tax return and later we got a notice from IRS stating that they changed our return with explanation that they disallowed our Dependent Exemption Credit since they didn't have any identification numbers. I'm guessing it would be the same this time around if I left them on the tax return?
Just feels weird not adding them to the tax return, since they're part of the house hold. But I guess it doesn't matter since it doesn't affect the taxes.
@Mamaze wrote:
they're too young for ITIN
I'm not an expert in ITINs, but there isn't an age limit for ITINs. Unless you mean you are having trouble getting the required documentation for them?
https://www.irs.gov/tin/itin/itin-application-frequently-asked-questions#dependent
Last year when I was trying to apply for ITIN for the kids, the person at the IRS office said I couldn't apply for ITIN without claiming any child tax credit, but I can't claim any child tax credit if they don't have SSN (they can't claim it with ITIN). So how am I supposed to apply for ITIN for the kids then? Do you see my dilemma here?
You cannot get the child tax credit at all -- ever-- for a child who does not have a Social Security number. If your child has an ITIN then you may get the $500 credit for other dependents, which can lower the amount of tax you owe. That $500 credit is not refundable.
It is odd that you are asking how to remove the additional child tax credit. When you entered information in MY INFO, what did you enter when it asked you for your child's SSN or ITIN? If they do not have a SSN or ITIN, you should not even be entering anything about the child on your tax return. Did you "make up" a number and enter it and get the child tax credit?
@Mamaze wrote:
Last year when I was trying to apply for ITIN for the kids, the person at the IRS office said I couldn't apply for ITIN without claiming any child tax credit, but I can't claim any child tax credit if they don't have SSN (they can't claim it with ITIN). So how am I supposed to apply for ITIN for the kids then? Do you see my dilemma here?
You misunderstood. There is a $500 tax credit for "other dependent" that your children are eligible for, even though they are not eligible for the $2000 Child Tax Credit or the Additional Child Tax Credit.
The IRS won't process an ITIN application unless the applicant has a financial connection to the US. Listing them as "other dependent" for the $500 will create that connection and allow the IRS to issue ITINs.
You can list them as dependents, but do not check the box for "SSN valid for work". Use a fake SSN like 999-88-9999. Print your return and sign it. Complete the W-9 ITIN application for each child. Send the W9s, any required documentation, and the tax return, to the address in the W-9 instructions. After the IRS issues the ITINs they will process your tax return. Or visit the IRS in person, bringing the tax return showing that you are claiming them as other dependents.
There is no legal requirement that you list your dependents. If you remove them from your tax return because you don't want to go through the work of claiming the $500 credit, there is no consequence for removing them.
@Mamaze wrote:but I can't claim any child tax credit if they don't have SSN (they can't claim it with ITIN).
That isn't true in most cases. Assuming they are your "Qualifying Children" (most young children are, assuming they live with you), the lack of a SSN means you can't claim the full $2000 "Child Tax Credit", but they still qualify for the $500 "Other Dependent Credit" (although that is non-refundable). Being eligible for the Other Dependent Credit would qualify them for an ITIN.
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