[Blazer406]

Not talking about the adoption tax credit.....

Can I claim our adopted child (not finalized yet ) as a dependent?

I can't get a SSN until it finalizes. We took placement in early 2010.

The IRS website says it takes 6-8 weeks to obtain an ATIN (Adoption Taxpayer Identification Number). I guess I am S.O.L. to claim our baby this year no?

[eagleswings216]

You need an ATIN to claim the child tax credit, so yes, it is a bit late for the deadline that is coming up in a few days, unless you file an extension. I'm not sure how that works, but I know it can be done.

[DianeS]

If the child has been placed for you for the purpose of adoption by a legally authorized child placement agency...

then YES the child counts as your dependent.

But like the pp said, you must have either a social security number or an ATIN for the child in order to claim her on your taxes. Since you have neither, you have two choices.

One - file for an extension, and get the ATIN and then file the taxes.
Two - file without the child for now, get the ATIN, and then file an amendment claiming the child.

Or I guess you have a third choice of not claiming the child at all, but that would be rather silly so I don't include it in the real options. A little more work on your part, a little more paper, and you can indeed claim the child.

[Blazer406]

I have decided on option 2.

I am going to file the return as-is without claiming the child. I don't want to file an extension and wait 6-8 weeks on the ATIN number. I want my refund ASAP. After I get the initial tax refund.... and I have the ATIN number.... I'll file an amended return claiming my child as a dependent.

With a little luck..... maybe we will be finalized before the ATIN even shows up..... but as it stands right now..... it is anybody's guess.

[eagleswings216]

Originally Posted by Blazer406

With a little luck..... maybe we will be finalized before the ATIN even shows up..... but as it stands right now..... it is anybody's guess.

Keep in mind that after you finalize and get the decree, you will have to apply for an amended birth certificate, and THEN apply for the SSN. Even if you finalized today, I doubt you would get all that done before your ATIN comes. We finalized in October and didn't have SSN's in hand until the end of December. Our ATINs, on the other hand, came in about a month.

[Blazer406]

Well.... everything went OK last year... filled out 8839 with all the proper paperwork and got my refund. I didn't have enough expenses on my 2009 tax year to "max-out" the credit. I understand I can now claim expenses in the 2010 TY for my not finalized yet adoption. I supposed I take the max for the year ($13,360 currently?) and subtract the amount I claimed last year.... to come up with the max amount I can claim this year.

Is this correct?

Do I still have to paper file? I assume I will still have to fill out an 8839 this year as well?

[DianeS]

Originally Posted by Blazer406

Well.... everything went OK last year... filled out 8839 with all the proper paperwork and got my refund. I didn't have enough expenses on my 2009 tax year to "max-out" the credit. I understand I can now claim expenses in the 2010 TY for my not finalized yet adoption. I supposed I take the max for the year ($13,360 currently?) and subtract the amount I claimed last year.... to come up with the max amount I can claim this year.

Is this correct?

Do I still have to paper file? I assume I will still have to fill out an 8839 this year as well?

Yes. Yes. And yes.

Seems like you understand the credit just fine. When you look at the 8839 form you'll see it walks you through using the carryforward rather easily. You do need to paper file, and remember to include all the required documentation and put your name and SS number on all the pieces of paper you send.