harborlights96
New Member
I am a professional tax preparer. I have a client (a US citizen) whose wife is from Germany and she has a green card and SSN. 4 years ago my client completed the paperwork for INS to officially adopt his wife's son from a previous marriage (The child , now age 13, was also German-born).
After the adoption was finalized, they never got the child an SSN or ITIN for tax purposes. As a result, their attempts to claim the child for tax purposes has been denied for the last three years. I told them that if they went to the SS office and got the kid a number we could claim him on this year's return in addition to filing amended returns for the previous three years in order to get them several thousand dollars owed to them (EIC, child tax credit, dependent deduction).
So they go to the SS office and are told that SS needs the paperwork from INS in order to process the application. This could take 8 weeks. So I checked to see about getting him an ITIN, but the IRS says that's only for people who can't get an SSN (or you can't get one if you have an ap for an SSN pending). In any case, an ITIN will also take 6 weeks or more.
Bottom line: Is there any way to speed this all up? I want to get them everything they are due, and I need the child to have either an SSN ot ITIN before April 18th in order to file the amended return for 2007 or they lose a couple thousand dollars! (IRS only gives you three years to refile for refunds due, but if you owe them it's forever!!)
I've also been told that they may be required to file naturalization paperwork with the INS and pay hundreds of dollars in application fees that they don't currently have.
Worst case I told them would be for me to file a return for 2010 for them without claiming the child, then file an amended return for 2010, 09, and 08. But I would lose any money from 07 (three-year limit). I'd like to see if I can do whatever it takes to get this kid some IRS approved ID before 4/18/11.
Just an observation: I've been doing taxes for people for many years, but this is my first time dealing with an immigration issue. Have to tell you, the INS bureaucracy at first glance looks worse than anything I've ever dealt with from the IRS!!
After the adoption was finalized, they never got the child an SSN or ITIN for tax purposes. As a result, their attempts to claim the child for tax purposes has been denied for the last three years. I told them that if they went to the SS office and got the kid a number we could claim him on this year's return in addition to filing amended returns for the previous three years in order to get them several thousand dollars owed to them (EIC, child tax credit, dependent deduction).
So they go to the SS office and are told that SS needs the paperwork from INS in order to process the application. This could take 8 weeks. So I checked to see about getting him an ITIN, but the IRS says that's only for people who can't get an SSN (or you can't get one if you have an ap for an SSN pending). In any case, an ITIN will also take 6 weeks or more.
Bottom line: Is there any way to speed this all up? I want to get them everything they are due, and I need the child to have either an SSN ot ITIN before April 18th in order to file the amended return for 2007 or they lose a couple thousand dollars! (IRS only gives you three years to refile for refunds due, but if you owe them it's forever!!)
I've also been told that they may be required to file naturalization paperwork with the INS and pay hundreds of dollars in application fees that they don't currently have.
Worst case I told them would be for me to file a return for 2010 for them without claiming the child, then file an amended return for 2010, 09, and 08. But I would lose any money from 07 (three-year limit). I'd like to see if I can do whatever it takes to get this kid some IRS approved ID before 4/18/11.
Just an observation: I've been doing taxes for people for many years, but this is my first time dealing with an immigration issue. Have to tell you, the INS bureaucracy at first glance looks worse than anything I've ever dealt with from the IRS!!