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New Member
posted Apr 17, 2021 9:44:29 PM

Is there a way to claim my daughter who has her birth certificate but not her social security number yet?

can't get her social security number yet because I don't have proof from hospital she was born in

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10 Replies
Expert Alumni
Apr 18, 2021 7:13:30 AM

No, you will need her Social Security Number to be able to claim your daughter on your return.

 

Please see this IRS FAQ for details.

Level 2
Apr 18, 2021 7:24:35 AM

You can go ahead and file your return without her and file an amendment later or you can just WAIT (only if you know you do not owe the IRS or state).  Waiting will avoid the extra charge of the amendment.  You do not owe the IRS or state, you are not late with your return as they owe you.

 

I always do my in the summer as I know I am due a refund and I get it with a small interest. 

Level 15
Apr 18, 2021 7:35:24 AM

@lovelyx0x0 

I am sorry, but this is terrible advice. Due to changes in the tax law that were passed in, I think 2015, certain tax benefits for having a dependent will not be paid unless the taxpayer files an original, on time return containing the dependent’s Social Security number.  This includes the $2000 child tax credit and earned income credit, and possibly some other benefits.

 

An “on-time” tax return is one that is filed by the regular deadline, which is May 17 this year, or which is filed before the extended deadline of October 15, but only if the taxpayer has requested the automatic extension before the expiration of the regular deadline.  If a taxpayer files without the dependent because the dependent does not have a Social Security number, and then later files an amended return after the original deadline, the tax benefits of the dependent cannot be paid by law.

 

@moriahandjavier 

You need to wait to file your tax return until you obtain a Social Security number. Be sure to apply for the automatic extension if you will not have the Social Security number by May 17.  

Level 15
Apr 18, 2021 9:14:16 AM

why would Social Security not issue a SS card with the presentation of a birth certificate? 

 

and for what it's worth, I agree with @Opus 17 

Level 15
Apr 18, 2021 9:21:49 AM

@NCperson 

If the Social Security number is not applied for by the hospital where the child is born, the verification requirements are more difficult.  Especially if it is a child born overseas to US citizens or a child born in the United States to non-citizens.

Expert Alumni
Apr 18, 2021 9:39:10 AM

In the case of the child tax credit, the rule is actually that you must have a timely issued social security number to claim the child tax credit (not a timely filed tax return) - so for now your focus should be on getting this number as soon as possible so that you do not lose the credit. Filing an extension of your tax return will give you until October 15, 2021 to get this number and not lose the ability to claim the child tax credit.  

 

Here is some information on how to file an extension using TurboTax: TurboTax Easy Extension

 

You may file the extension using any method you would like - but please be sure to file it even if you want to go ahead and file a tax return now, as you want this extension on file to allow for the time to get the social security number for your chlid and not lose the ability to claim the credit.   

 

@moriahandjavier

Level 15
Apr 18, 2021 10:32:21 AM

Even if the language is “timely issued”, there are two problems with filing a tax return without listing the child with their Social Security number. Consider the following scenario:

 

Apply for extension today.
File tax return tomorrow without child. 

Receive partial refund in three weeks.

Receive Social Security number in June.

File amended return in July.

Receive rest of refund in January.  

 

In this scenario, the taxpayer has to rely on the IRS and the Social Security administration getting all the bureaucracy correct for them. The IRS and the SSA must recognize that the extension was filed and that the issuance of the Social Security number was “timely“.  Then, it will likely take at least six months to pay any refund on an amended return because the IRS is so incredibly backlogged, which means the remainder of the tax refund will probably not be paid until January.

 

Instead consider the following:


File extension today.
Receive Social Security number in June.
File original tax return in July.

Receive full refund in three weeks.

 

Here the taxpayer is taking the situation into their control and is clearly filing a timely return with the Social Security number. The refund will be processed immediately and there is much less opportunity for the IRS or Social Security administration to screw it up.

Level 15
Apr 18, 2021 10:41:39 AM

WAIT for the SS# ... put the return on extension if you need to do so.  Amending AFTER you file will not get you the CTC at all.  

 

 

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 

Expert Alumni
Apr 18, 2021 10:56:00 AM

Amending after you file will get you the credit, as long as the social security number is issued timely.  As pointed out above the retroactive claims depend on the timeliness of the social security number or ITIN, not the return itself.  

 

It is best to file the original return with the child's social security number listed, but this is not always possible. 

 

The extension is very important in this case to allow for the additional time to receive the social security number and preserve the ability to receive the credit.   

 

A properly filed extension remains on file even if the tax return is submitted prior to the extension filing deadline.  

 

Level 15
Apr 18, 2021 11:00:42 AM

We're 4 months into the 2021 year now.

 

All here are Assuming the child was born sometime during 2020.

_______________

So just a warning....

IF the child was born in 2021, then you cannot put her on your 2020 tax return anyhow.