Late Filing due to Dependent information

[hmorales]

I have had my foster kiddo for over a year and a half. She doesn't have a social or a birth certificate yet. The state is working on getting her one since she was a home birth. I filed an extension and paid my estimated 2019 taxes. If we aren't able to obtain it before October is there anything we can do? I assume if I don't have her on 2019 taxes she wont get any of the stimulus checks is that correct?

[NateTheGrEAt]

Hi there hmorales, 

At this point since you haven't received advance stimulus payments, the way you'd receive stimulus would be by claiming the Recovery Rebate Credit on your 2020 return when it is filed. The 2019 return, extended, was due in October 2020 so by now it is too late to claim the child on that return (since you didn't have a valid SSN issued by the extended due date of the return) - fortunately that is not relevant for stimulus payments since those are reconciled on the 2020 return for rounds 1 & 2, or the 2021 return for round 3. 

One catch is that the child will have to have a valid SSN issued by the due date of the 2020 return (including extensions). I am hoping you also filed an extension for 2020 - I'm assuming you would have thought to do that since you filed one for 2019. At this point, best case scenario is you receive that SSN before October 15, 2021 and use it to file your 2020 return claiming the dependent and the Recovery Rebate Credit. 

I hope this information has been helpful! Please post again if you have further questions.

[hmorales]

Woops I mean for 2020 taxes not 2019, I filed an extention for 2020 taxes since I don't have all the info needed. So if I don't have the childs social by Oct 15 of this year is there anything that I can do or would I need to file without the child on my 2020 taxes and miss out on the stimulus . 

[NateTheGrEAt]

You have it correct. You'll need the SSN to be issued by October 15 or the child will be unable to be claimed as a "qualifying child" on your 2020 return and you won't get the credits or stimulus for them. They have to be a qualifying child in order for you to qualify for stimulus for them. 

Here is a link from the IRS explaining this rule: https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents/dependents-9

Even if you don't get the SSN issued by October 15, you might still be able to claim the third round of stimulus for the child on your 2021 return if the SSN is issued in time to file that return.