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We adopted a newborn infant this year, but have not finalized yet. We need to file taxes and would like to get our tax write-off, but our baby does not have a social security number yet. Does anyone know the proper way to handle this? What do we put in the social security line?
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You can apply for an adoption tax identification number (ATIN)....The form is online (I think at the IRS website). My understanding is that you can claim your child as a dependent, but not get the "credit" until the year the adoption is finalized, if it is a domestic adoption...GOOD LUCK.
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Some references to the tax benefits -
1. The Adoption tax credit is handled on Form 8839, available through irs.gov. The form link:
[url]http://www.irs.gov/pub/irs-pdf/f8839.pdf[/url]
The instructions link:
[url=http://www.irs.gov/instructions/i8839/index.html]Instructions for Form 8839 (2007)[/url]
The credit has a maximum limit, currently $11,390 for 2007. It is a nonrefundable credit, meaning it is further limited to your Federal income tax liability. Any unused amount can be carried over for up to 5 years and used against your taxes in those future years.
How and when you claim the credit is based on whether the adoption is domestic or foreign, and whether it succeeds or not.
2. To claim any tax benefits the child needs to have a Tax Identification Number (TIN). There are 3 options, in order of preference -
a. Obtain a Social Security Number (SSN) using Form SS-5 filed with the Social Security Administration. This requires proof of US Citizenship or Permanent Resident Alien status, usually the birth certificate and court documents. This is the best option, as the child will need a SSN for the future in any case.
b. Obtain an Adoption Tax Identification Number ATIN). If you can't currently get a SSN (such as the birth parent isn't cooperating with your getting the birth certificate) the IRS will issue an ATIN if you file Form W-7A with the required documents. The number is good for 2 years and can be extended by providing evidence that the adoption is in progress but not yet complete.
c. Obtain an Individual Tax Identification Number (ITIN). These are issued by the IRS, normally to nonresident aliens who have business or investment ties to the United States that require them to file returns and pay taxes, but don't have an immigration status that would allow them to get a SSN. This normally wouldn't apply for a domestic adoption, and may not for a foreign one either.
With a SSN you can obtain all the child tax benefits, including the exemption, child credit, child care credit, adoption credit and earned income credit. An ATIN or ITIN does not allow the earned income credit. For that you would have to amend your return(s) later, after the child has a SSN.
Hope this helps.