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robertcoughtrey
Level 2

Amendment to change Social Security Number

So I have had my greencard for the last 5 years. When I first got the greencard I was told by my local social security office that my children were not allowed to have SS number. 

 

Now 5 years later this has caused me some issues. My kids ITIN numbers had expired and the IRS informed me that they were not allowed to be renewed as they have been valid to get SS numbers since 2014.

 

I went back to the local SS office, gave them a piece of my mind and 2 weeks later they now have socials. 

 

So my question is due to the fact they should have been given ss numbers years ago am i allowed to file an amendment to update the ss numbers?

 

Since 2017 the amount of tax credits were greatly reduced to 500 from 1500. I would like to get the money back i was allowed to claim since this date

1 Best answer

Accepted Solutions
Opus 17
Level 15

Amendment to change Social Security Number

Unfortunately, you can't sue the government for giving you bad advice.  You have to take some responsibility for knowing the laws and double-checking with an immigration lawyer, for example.

 

You could possible claim the credits for 2020 if you had a valid extension and you filed late, or have not filed yet.    You must have a valid SSN for each child on a "timely filed" (on-time) tax return, that means filed before the regular deadline, or filed before the extended deadline but only if you have an extension first.

 

If you file a timely 2021 return with the children's SSNs, you will be eligible for the enhanced child credit for 2021 as well as the $1400 round 3 stimulus rebate.  

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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5 Replies
DanPaul02
Level 7

Amendment to change Social Security Number

I don't know if that would work since those social security numbers did not belong to your kids in the years that the taxes were filed.  I am interested to see what others might have to say about your proposal to amend.  The 1040 gets checked against the social security database.  I don't know what happens with a 1040X as far as checking social security numbers.  

Critter-3
Level 15

Amendment to change Social Security Number

You cannot amend prior year returns to change from ITIN to SS# for the dependents ... it will do you no good since the SS#s were not issued prior to the filing of those returns ... any amended returns looking for credits based on the new SS#s will be refused.  

Critter-3
Level 15

Amendment to change Social Security Number

The Protecting Americans from Tax Hikes or PATH Act made several changes to the tax law, including preventing retroactive claims of the EITC and CTC by amending a return or filing an original return for any earlier year in which the individual or anyone listed on the return did not have a SSN valid for employment. You can't claim EITC or CTC unless the Social Security number for you, your spouse (if married filing a joint return) or a qualifying child is issued before the due date of the return including any valid extensions.

http://www.thetaxadviser.com/newsletters/2016/jan/congress-makes-changes-to-popular-tax-credits.html

Opus 17
Level 15

Amendment to change Social Security Number

Unfortunately, you can't sue the government for giving you bad advice.  You have to take some responsibility for knowing the laws and double-checking with an immigration lawyer, for example.

 

You could possible claim the credits for 2020 if you had a valid extension and you filed late, or have not filed yet.    You must have a valid SSN for each child on a "timely filed" (on-time) tax return, that means filed before the regular deadline, or filed before the extended deadline but only if you have an extension first.

 

If you file a timely 2021 return with the children's SSNs, you will be eligible for the enhanced child credit for 2021 as well as the $1400 round 3 stimulus rebate.  

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
robertcoughtrey
Level 2

Amendment to change Social Security Number

Thank you All,

 

This seems to be similar to what I read about also. I did file an extension for this year and got the full credits.

I thought I would ask about the previous returns just in case

 

Thank you all

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