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stevensethwoods
New Member

My husband adopted my son dec 2017, the IRS is telling me i have to use his old last name. when it asks "who are his legal parents" do i only select myself??

so legally my husband is now his father, but since their telling me to use his old last name should i just select myself as his legal parent??
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TomD8
Level 15

My husband adopted my son dec 2017, the IRS is telling me i have to use his old last name. when it asks "who are his legal parents" do i only select myself??

You and your husband are both his legal parents.  I think the reason the IRS is telling you to use your son's old last name is that his name on the tax return must match his name currently on file with the Social Security Administration, and the Social Security files may not yet reflect his new last name.  If the names don't match, the return will be rejected.

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

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TomD8
Level 15

My husband adopted my son dec 2017, the IRS is telling me i have to use his old last name. when it asks "who are his legal parents" do i only select myself??

You and your husband are both his legal parents.  I think the reason the IRS is telling you to use your son's old last name is that his name on the tax return must match his name currently on file with the Social Security Administration, and the Social Security files may not yet reflect his new last name.  If the names don't match, the return will be rejected.

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

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