My foster son doesn’t have a social security number, how do I claim him on my taxes?

[DoninGA]

You cannot claim a dependent without a SS number or an ITIN issued by the IRS.  Have you applied for either a SSN or an ITIN?

[kelly_koen]

I haven’t applied for either. Can I apply for an ITIN and how?

[Opus 17]

You can't.  And, don't file your return until you get one.  If you leave the child off the tax return and then plan to file an amended return after they get their SSN, you won't get anything for it.  A child must have an SSN on a timely filed tax return, you can't go back and amend later.

If this is an adoption situation you may be able to get a temporary tax ID number.  https://www.irs.gov/individuals/adoption-taxpayer-identification-number

Otherwise, contact your child's social worker.  They are generally required to help you obtain the SSN from the biological parents, or help you apply for one if the parents never applied.

[kelly_koen]

I have had him since birth and there is no birth certificate. His case worker is no help!

[Opus 17]

Unfortunately without a birth certificate you can't get an ITIN or SSN.  You have to go through social services.   Maybe find a supervisor or hire a lawyer.  Sorry.  

You can either file now without the dependent go along with any tax benefit, or wait to file until this is straightened out.  If you file the automatic extension in April, then you can file as late as October 15 to claim the dependent on your tax return, if it takes that long.

[Mlefrank]

Interesting conversation as I am in the same boat.  Our 18-month old has not yet recieved his SSN and only recently got a birth cert. issued.

[Opus 17]

As above, you will need to file an automatic extension if you don't get the SSN by April 15, so you can file "on time" as late as October 15.  If you file on time without the SSN, or if you wait until the SSN comes but don't get the extension so you are considered "late", you will be denied any tax benefits of the dependent.

[HeatherJohnson81]

I am in the same situation as well. My son (Just adopted) was Baby Boy the first two years of life. I have had him since birth. I am fighting the situation because it was not my fault because he had no SS# and it hat to be court ordered to get one. 

[Wfrancis672]

how can i get him a social security number

[aepalisades]

we are in the same boat. It is so wrong that a child can not be claimed to due to ineptness of dhs/foster care doing their jobs....granted they are likely over worked and overwhelmed with similar cases but the federal government should not penalize people who are taking these kids in and rightly should be give child tax credit/ earned income credits etc because the courts/dhs/foster care have failed them.  this needs to be fixed by the federal government to allow these credits either by amending the return or filing late if taxes are not owed to allow the use of the credits.....

[ToddL99]

You have two options: File now without the child and amend your tax return once the SSN is issued OR file for an extension and file your tax return when you do receive SSN.  As a general rule, you have 3 years to amend a filed tax return.

(Please note that if you do file for an extension, it is for filing... not paying. If you have any tax due, it must be paid by April 15th, 2021 - unless you qualify for an exception, such as was granted to people affect by the recent Texas winter storm).

See Social Security Numbers for Children for how to obtain a SSN for your foster child. Needless to say, you will need cost approval and assistance to complete the application.

[Carcar804]

For anyone in this situation in the state of Arizona send an email (written request) to your worker and attach a copy of Arizona Senate Bill 1380. 

[Joycealbert]

What if the child was in my care as a foster child and doesn’t have a social security number yet?

[DoninGA]

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@Joycealbert wrote:

What if the child was in my care as a foster child and doesn’t have a social security number yet?

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The dependent must have either a Social Security number or an ITIN issued by the IRS.  If neither then the dependent cannot be entered on the tax return.