[bmd925]

I live in NYS..I brought my son home in July 2005, and I am in the process of re-adopting him for the NYS birth certificate, name chane, etc. Since the formal re-adoption will not be complete until 2006...will I be able to claim my tax credit on my 2005 taxes? I've read lots of information...but each state is different...if you can help me clear this up...I would apprecaite it

Happy Holidays

[mindy41065]

Hi, I am in the process of doing the same thing and I cant get a Social Security until I readopt her so Im applying for TIN #. You need to fill out a W7A form and attach all the Paperwork that you received when you picked up your child and send it to the IRS. Once you get the TIN # you can claim the child on your taxes.

[Mom4Nicholas]

The tax credit is a federal law. And, you can not claim the adoption tax credit until your adoption is complete. So, you will have to wait until 2006, to claim your son. The good news is that you can spread the credit over three years to make it most beneficial for you.

Here is the current federal information:

http://www.irs.gov/pub/irs-pdf/p968.pdf

Read the publication and let me know if you have any other questions, I am an accountant.

Good Luck.

[Mom4Nicholas]

Originally Posted by mindy41065

Hi, I am in the process of doing the same thing and I cant get a Social Security until I readopt her so Im applying for TIN #. You need to fill out a W7A form and attach all the Paperwork that you received when you picked up your child and send it to the IRS. Once you get the TIN # you can claim the child on your taxes.

Be Careful, there is a difference between claiming your child on your taxes as a dependent and taking the "adoption credit" on your return.

And yes, you can get a # from the IRS instead of a SS # to claim your child as a dependent on your 2005 return.

[Mom4Nicholas]

Originally Posted by mindy41065

Hi, I am in the process of doing the same thing and I cant get a Social Security until I readopt her so Im applying for TIN #. You need to fill out a W7A form and attach all the Paperwork that you received when you picked up your child and send it to the IRS. Once you get the TIN # you can claim the child on your taxes.

http://www.irs.gov/pub/irs-pdf/fw7a.pdf

[brookeinmn]

Do I have to have a SS# for my son to be able to get the tax credit? Our adoption finalization was on Dec 5th, but I haven't done anything else since then.

[Mom4Nicholas]

Originally Posted by brookeinmn

Do I have to have a SS# for my son to be able to get the tax credit? Our adoption finalization was on Dec 5th, but I haven't done anything else since then.

You have to have some kind of identifying number to claim your son as a dependent and to obtain the tax credit, daycare credits, etc.

Go to a local SS office, it will only take a week or so to get the number.

Also, keep in the mind that you have to have the SS # by the time you file your return, not by the end of 2005.

I would go this week is you can, look on the website for local offices.

[bmd925]

thanks for the web site

[Qtredsunfire98]

Brooke we went to the SS office in Edina on a Friday and got Dylan's SSN the next Friday. Let me know if you have any questions.

[becky]

Do not get confused about the SS# issue...any permanent resident of the US can get a SS#...that does not mean you qualify for the tax credit.

For the original poster the question is whether your child came home on an IR3 or IR4 Visa. If you came home with an IR3, then your child is automatically a citizen and you can claim the credit. If you came home on an IR4 then you must meet the requirements of your home state...which typically means readoption or recognition or domestication of a foreign adoption. Since your readoption is not yet complete...if you do not have an IR3 Visa (meaning both parents visited prior to the completion of the adoption) then you may not be able to claim the credit until 2006 tax year when your re-adoption is complete.

Please speak with your attorney or tax advisor if you have questions.

[brookeinmn]

Heather, did you send in the original adoption decree and the original passport of Dylan? It said on the website to go to the SaintPaul office. Do you think if I go there it will be faster?

[jungbluj]

You do not need to do the readoption before you can take the tax credit. Our babies are already adopted in the government's eyes and you will only need to get a TIN # for your child. Take it from me, I have already done this.

[Becky-Guatemala]

Becky is right, unless you came home on an IR3 VISA you CANNOT take the "Adoption Credit" until you do a re-adoption in your state. The IRS Website explains the process of when a Foreign Adoption is final on Page 4, if adoption is other than an IR3 VISA then you can't take the credit until your state recognizes the adoption.

Becky
Maria 3 Yrs. (Home Dec. 2003)
Sophia 11 Months (Home July 2005)

[aotis]

We just brought our daughter home the first of Dec. We never visited her before we picked her up so I am assuming that means she came home on an IRA4 Visa? Where in her paper work does it say that?



Any who we just received her SS# and my husband and I read that in some states you don’t "Have" to readopt. Also, we just got in the mail from USCIS a card that says it is her Permanent Resident Card?? It says here is the card we applied for?? I don't remember doing that. Does anyone know what it is or means or how we got it.



The question I have is can't we claim the baby on our taxes this coming year and take advantage of the tax credit. Especially if we do not have to readopt in the state of Ga.??



Thanks so much in advanced for your help. I hope I made since.



Amy

[Mom4Nicholas]

You all have confused me and this is my profession:

There seems to be a lot of confusion here, read the publication on the link I provided earlier. Let me quote it for you:

Page 3 of publication IRS 968:

"Foreign child: If the eligible child is not a US citizen or resident, you cannot take the adoption credit or exclusion unless the adoption becomes final."

That being said, when a child comes in on an IR-3 visa, according to the feds, your child is a CITIZEN automatically. Whether or not your finalize the adoption in your state, you can still claim the tax credit in the same year that your child touches US soil.

On the other hand, if you come in on an IR-4, you can not claim the tax credit until your child has been re-adopted and therefore is a citizen.

Please PM if you need help, I would hate for someone to do the wrong thing because people are posting things that are not factual.

I am a CPA and do this for a living. I am trained to interpret tax law, it is my profession.

Good luck to the original poster.