• Child Tax Credit

    From Stuart O. Bronstein@21:1/5 to All on Fri Feb 24 19:50:17 2023
    One of the requirements for the Child Tax Credit is that the child
    lived with the parent for more than half the year. Does that mean that
    the child must have been born before July 2?

    Or is the child considered alive on the date of conception and can
    qualify for the credit even if not born before July 2?

    Thanks.


    --
    Stu
    http://DownToEarthLawyer.com


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  • From Alan@21:1/5 to Stuart O. Bronstein on Fri Feb 24 20:59:22 2023
    On Friday, February 24, 2023 at 4:52:46 PM UTC-8, Stuart O. Bronstein wrote:
    One of the requirements for the Child Tax Credit is that the child
    lived with the parent for more than half the year. Does that mean that
    the child must have been born before July 2?

    Or is the child considered alive on the date of conception and can
    qualify for the credit even if not born before July 2?

    Thanks.


    --
    Stu
    http://DownToEarthLawyer.com


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    Births and deaths meet the requirement as long as the taxpayer's main home was (or would have been) the child's main home for more than half of the time he or she was alive in the year. Whether a child is born alive depends on state law.

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  • From Stuart O. Bronstein@21:1/5 to Alan on Sat Feb 25 12:47:25 2023
    Alan <tempuser@vacationmail.com> wrote:
    Stuart O. Bronstein wrote:

    One of the requirements for the Child Tax Credit is that the
    child lived with the parent for more than half the year. Does
    that mean that the child must have been born before July 2?

    Or is the child considered alive on the date of conception and
    can qualify for the credit even if not born before July 2?

    Births and deaths meet the requirement as long as the taxpayer's
    main home was (or would have been) the child's main home for more
    than half of the time he or she was alive in the year. Whether a
    child is born alive depends on state law.

    Thanks Alan. The issue isn't whether a child is born alive, but if it
    is born (alive and stays alive) after July 2, so that it is only
    "alive" for 182 or fewer days during the year, whether the child has
    lived with the parent for more than half the year. In the case of a
    newborn, it is half the calendar year, or half the child's life up to
    the end of the year? It sounds like you're saying that a child born,
    even late in the year, can qualify.


    --
    Stu
    http://DownToEarthLawyer.com


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  • From Rick@21:1/5 to Stuart O. Bronstein on Sat Feb 25 19:04:18 2023
    "Stuart O. Bronstein" wrote in message news:XnsAFB663895628Eavocatstuyahoofr@130.133.4.11...

    Alan <tempuser@vacationmail.com> wrote:
    Stuart O. Bronstein wrote:

    One of the requirements for the Child Tax Credit is that the
    child lived with the parent for more than half the year. Does
    that mean that the child must have been born before July 2?

    Or is the child considered alive on the date of conception and
    can qualify for the credit even if not born before July 2?

    Births and deaths meet the requirement as long as the taxpayer's
    main home was (or would have been) the child's main home for more
    than half of the time he or she was alive in the year. Whether a
    child is born alive depends on state law.

    Thanks Alan. The issue isn't whether a child is born alive, but if it
    is born (alive and stays alive) after July 2, so that it is only
    "alive" for 182 or fewer days during the year, whether the child has
    lived with the parent for more than half the year. In the case of a
    newborn, it is half the calendar year, or half the child's life up to
    the end of the year? It sounds like you're saying that a child born,
    even late in the year, can qualify.



    I've known many people who had a child born in December (even December 31)
    who got full credit for the child. As I understand it, the issue is always whether the child lived more than half the time (i.e., the time the child is alive) with the parent claiming the credit.

    As to what constitutes a legal birth, I would assume a child born alive
    (even if only for a few seconds) who is issued a birth certificate by the
    state showing date of birth within the tax year would qualify.

    --

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    << that may be imposed upon the taxpayer. >>
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  • From Stuart O. Bronstein@21:1/5 to Rick on Sat Feb 25 20:38:04 2023
    "Rick" <rick@nospam.com> wrote:

    "Stuart O. Bronstein" wrote in message news:XnsAFB663895628Eavocatstuyahoofr@130.133.4.11...

    Alan <tempuser@vacationmail.com> wrote:
    Stuart O. Bronstein wrote:

    One of the requirements for the Child Tax Credit is that the
    child lived with the parent for more than half the year. Does
    that mean that the child must have been born before July 2?

    Or is the child considered alive on the date of conception and
    can qualify for the credit even if not born before July 2?

    Births and deaths meet the requirement as long as the taxpayer's
    main home was (or would have been) the child's main home for
    more than half of the time he or she was alive in the year.
    Whether a child is born alive depends on state law.

    Thanks Alan. The issue isn't whether a child is born alive, but
    if it is born (alive and stays alive) after July 2, so that it is
    only "alive" for 182 or fewer days during the year, whether the
    child has lived with the parent for more than half the year. In
    the case of a newborn, it is half the calendar year, or half the
    child's life up to the end of the year? It sounds like you're
    saying that a child born, even late in the year, can qualify.

    I've known many people who had a child born in December (even
    December 31) who got full credit for the child. As I understand
    it, the issue is always whether the child lived more than half the
    time (i.e., the time the child is alive) with the parent claiming
    the credit.

    As to what constitutes a legal birth, I would assume a child born
    alive (even if only for a few seconds) who is issued a birth
    certificate by the state showing date of birth within the tax year
    would qualify.

    According to the IRS, the child has to have a Social Security Number.
    I suspect that would be difficult if the child didn't live very long.

    --
    Stu
    http://DownToEarthLawyer.com


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  • From Stan Brown@21:1/5 to Stuart O. Bronstein on Sun Feb 26 00:29:52 2023
    On Sat, 25 Feb 2023 12:47:25 EST, Stuart O. Bronstein wrote:
    Thanks Alan. The issue isn't whether a child is born alive, but if it
    is born (alive and stays alive) after July 2, so that it is only
    "alive" for 182 or fewer days during the year,

    Will the IRS equate "180 days" with "six months"? They're not the
    same.

    July-December have four 31-day months and two 30-day, for a total of
    184 days. January-June have _three_ 31-day months, two 30-day months,
    and _one_ 28- or 29-day month, for a total of 181 or 182 days.

    To be alive at the end of the year but less than 180 days in the
    year, a child would need to be born on or after July 6th.

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

    --
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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
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  • From Adam H. Kerman@21:1/5 to Stuart O. Bronstein on Sun Feb 26 00:30:19 2023
    Stuart O. Bronstein <spamtrap@lexregia.com> wrote:
    "Rick" <rick@nospam.com> wrote:
    Stuart O. Bronstein wrote:
    Alan <tempuser@vacationmail.com> wrote:
    Stuart O. Bronstein wrote:

    One of the requirements for the Child Tax Credit is that the
    child lived with the parent for more than half the year. Does
    that mean that the child must have been born before July 2?

    Or is the child considered alive on the date of conception and
    can qualify for the credit even if not born before July 2?

    Births and deaths meet the requirement as long as the taxpayer's
    main home was (or would have been) the child's main home for
    more than half of the time he or she was alive in the year.
    Whether a child is born alive depends on state law.

    Thanks Alan. The issue isn't whether a child is born alive, but
    if it is born (alive and stays alive) after July 2, so that it is
    only "alive" for 182 or fewer days during the year, whether the
    child has lived with the parent for more than half the year. In
    the case of a newborn, it is half the calendar year, or half the
    child's life up to the end of the year? It sounds like you're
    saying that a child born, even late in the year, can qualify.

    I've known many people who had a child born in December (even
    December 31) who got full credit for the child. As I understand
    it, the issue is always whether the child lived more than half the
    time (i.e., the time the child is alive) with the parent claiming
    the credit.

    As to what constitutes a legal birth, I would assume a child born
    alive (even if only for a few seconds) who is issued a birth
    certificate by the state showing date of birth within the tax year
    would qualify.

    According to the IRS, the child has to have a Social Security Number.
    I suspect that would be difficult if the child didn't live very long.

    Generally, a combined application for birth certificate and Social Security Number is used by the obstetrician or whoever reports the live birth
    to the vital statistics registrar. It's just a matter of waiting for the
    SSN to be issued before filing the tax return.

    --
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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
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  • From Rick@21:1/5 to Stuart O. Bronstein on Sun Feb 26 00:31:17 2023
    "Stuart O. Bronstein" wrote in message news:XnsAFB6B353AB6D0avocatstuyahoofr@130.133.4.11...

    "Rick" <rick@nospam.com> wrote:

    "Stuart O. Bronstein" wrote in message
    news:XnsAFB663895628Eavocatstuyahoofr@130.133.4.11...

    Alan <tempuser@vacationmail.com> wrote:
    Stuart O. Bronstein wrote:

    One of the requirements for the Child Tax Credit is that the
    child lived with the parent for more than half the year. Does
    that mean that the child must have been born before July 2?

    Or is the child considered alive on the date of conception and
    can qualify for the credit even if not born before July 2?

    Births and deaths meet the requirement as long as the taxpayer's
    main home was (or would have been) the child's main home for
    more than half of the time he or she was alive in the year.
    Whether a child is born alive depends on state law.

    Thanks Alan. The issue isn't whether a child is born alive, but
    if it is born (alive and stays alive) after July 2, so that it is
    only "alive" for 182 or fewer days during the year, whether the
    child has lived with the parent for more than half the year. In
    the case of a newborn, it is half the calendar year, or half the
    child's life up to the end of the year? It sounds like you're
    saying that a child born, even late in the year, can qualify.

    I've known many people who had a child born in December (even
    December 31) who got full credit for the child. As I understand
    it, the issue is always whether the child lived more than half the
    time (i.e., the time the child is alive) with the parent claiming
    the credit.

    As to what constitutes a legal birth, I would assume a child born
    alive (even if only for a few seconds) who is issued a birth
    certificate by the state showing date of birth within the tax year
    would qualify.

    According to the IRS, the child has to have a Social Security Number.
    I suspect that would be difficult if the child didn't live very long.


    Well, there is this:

    https://www.irs.gov/faqs/earned-income-tax-credit/qualifying-child-rules/qualifying-child-rules-1


    --

    --
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    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
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  • From Bob Sandler@21:1/5 to Stan Brown on Sun Feb 26 02:26:49 2023
    On Sunday, February 26, 2023 at 12:31:29 AM UTC-5, Stan Brown wrote:
    On Sat, 25 Feb 2023 12:47:25 EST, Stuart O. Bronstein wrote:
    Thanks Alan. The issue isn't whether a child is born alive, but if it
    is born (alive and stays alive) after July 2, so that it is only
    "alive" for 182 or fewer days during the year,
    Will the IRS equate "180 days" with "six months"? They're not the
    same.

    July-December have four 31-day months and two 30-day, for a total of
    184 days. January-June have _three_ 31-day months, two 30-day months,
    and _one_ 28- or 29-day month, for a total of 181 or 182 days.

    To be alive at the end of the year but less than 180 days in the
    year, a child would need to be born on or after July 6th.

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

    Counting days of the year has nothing to do with it. The date that the child is born is not the issue. It's not a strict requirement that the child live with you for more than 182 days. IRS Publication 501 says the following.

    "Death or birth of child. A child who was born or died during the year is treated as having lived with you more than half the year if your home was the child's home more than half the time the child was alive during the year."

    So a child born anytime during the year is "treated as" having lived with you for more than half the year, even if the child did not actually live with you for more than half the year. The date that the child was born doesn't matter, and the actual
    number of days doesn't matter.

    Bob Sandler

    --
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    << that may be imposed upon the taxpayer. >>
    << >>
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  • From Adam H. Kerman@21:1/5 to Rick on Sun Feb 26 10:07:35 2023
    Rick <rick@nospam.com> wrote:
    Stuart O. Bronstein wrote:
    Rick <rick@nospam.com> wrote:
    Stuart O. Bronstein wrote:
    Alan <tempuser@vacationmail.com> wrote:
    Stuart O. Bronstein wrote:

    One of the requirements for the Child Tax Credit is that the
    child lived with the parent for more than half the year. Does
    that mean that the child must have been born before July 2?

    Or is the child considered alive on the date of conception and
    can qualify for the credit even if not born before July 2?

    Births and deaths meet the requirement as long as the taxpayer's
    main home was (or would have been) the child's main home for
    more than half of the time he or she was alive in the year.
    Whether a child is born alive depends on state law.

    Thanks Alan. The issue isn't whether a child is born alive, but
    if it is born (alive and stays alive) after July 2, so that it is
    only "alive" for 182 or fewer days during the year, whether the
    child has lived with the parent for more than half the year. In
    the case of a newborn, it is half the calendar year, or half the >>>>child's life up to the end of the year? It sounds like you're
    saying that a child born, even late in the year, can qualify.

    I've known many people who had a child born in December (even
    December 31) who got full credit for the child. As I understand
    it, the issue is always whether the child lived more than half the
    time (i.e., the time the child is alive) with the parent claiming
    the credit.

    As to what constitutes a legal birth, I would assume a child born
    alive (even if only for a few seconds) who is issued a birth
    certificate by the state showing date of birth within the tax year
    would qualify.

    According to the IRS, the child has to have a Social Security Number.
    I suspect that would be difficult if the child didn't live very long.

    Well, there is this:

    https://www.irs.gov/faqs/earned-income-tax-credit/qualifying-child-rules/qualifying-child-rules-1

    I'm not following the reasoning behind exceptions to obtaining a Social Security Number for the newborn.

    Under 1. The Earned Income Credit, if the child was born and died within
    the same calendar year and wasn't issued an SSN, IRS allows the the birth
    or death certificate or record of live birth to be substituted for the SSN.

    This doesn't make any sense. Applications for issuance of birth and death certifications are mandatory under state vital statistics laws and these
    days, the record of live birth is part of the very same application package used to obtain the SSN. Medical personnel are obligated to record the live birth then apply for the birth certificate even though the newborn didn't
    live very long. With the parents' permission, the state vital statistics registry applies for the newborn's SSN. There is no burden on the
    parents to present the birth certificate with SS-5 in person at the
    local Social Security office.

    The Social Security program is called Enumeration at Birth.

    https://www.ssa.gov/dataexchange/documents/Updated%20State%20Processing%20Guidelines%20for%20EAB.pdf

    I wasn't even aware of how old this program is. That brochure states that
    the pilot program began in three states in 1987, was offered nationally in 1989, and all states participated by 1997. In addition, Social Security Administration was required to obtain from states SSNs of both parents
    to be provided to IRS starting in 1999 for the purpose of administering
    tax law.

    Obtaining the SSN on a timely basis to file a tax return listing a
    newborn is simply not an obstacle these days.

    The last sentences don't make any sense.

    Beginning with the 2021 tax year, singles and couples who have
    SSNs can claim the credit, even if your children don't have
    SSNs. In this instance, you may be eligible for the earned
    income credit available to childless workers.

    Is this child that was born and died in the same calendar year but was
    never issued an SSN a qualifying child or not? If the child without
    an SSN is a qualified child, then is this rule permanent or temporary
    because during the economic shutdown for COVID, state vital statistics registery workers and Social Security workers weren't reporting to the
    office resulting in extreme delays in issuing SSNs? If it's a COVID
    exception for 2021, I don't see why it's still in effect for 2022.

    Under 2. Dependency and/or Child Tax Credit, I'm a bit confused as to
    how the child can be a qualifying child, meeting the residency test,
    but not being eligible for an SSN and therefore needing an ITIN. Yes,
    I understand about circumstances involving adoption and being unable to
    apply for the SSN on the child's behalf unti the adoption completes.

    --
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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
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  • From Stuart O. Bronstein@21:1/5 to Bob Sandler on Sun Feb 26 11:00:23 2023
    Bob Sandler <bob_usenet@yahoo.com> wrote:

    On Sunday, February 26, 2023 at 12:31:29 AM UTC-5, Stan Brown
    wrote:
    On Sat, 25 Feb 2023 12:47:25 EST, Stuart O. Bronstein wrote:
    Thanks Alan. The issue isn't whether a child is born alive, but
    if it is born (alive and stays alive) after July 2, so that it
    is only "alive" for 182 or fewer days during the year,
    Will the IRS equate "180 days" with "six months"? They're not the
    same.

    July-December have four 31-day months and two 30-day, for a total
    of 184 days. January-June have _three_ 31-day months, two 30-day
    months, and _one_ 28- or 29-day month, for a total of 181 or 182
    days.

    To be alive at the end of the year but less than 180 days in the
    year, a child would need to be born on or after July 6th.

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

    Counting days of the year has nothing to do with it. The date that
    the child is born is not the issue. It's not a strict requirement
    that the child live with you for more than 182 days. IRS
    Publication 501 says the following.

    "Death or birth of child. A child who was born or died during the
    year is treated as having lived with you more than half the year
    if your home was the child's home more than half the time the
    child was alive during the year."

    So a child born anytime during the year is "treated as" having
    lived with you for more than half the year, even if the child did
    not actually live with you for more than half the year. The date
    that the child was born doesn't matter, and the actual number of
    days doesn't matter.

    Thanks Bob. That was the piece I was missing. I saw "more than half
    the year" but missed the part about a child born during that year.
    It makes bureaucratic sense, but tax rules don't always seem to make
    sense.


    --
    Stu
    http://DownToEarthLawyer.com


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  • From John Levine@21:1/5 to All on Sun Feb 26 14:32:47 2023
    According to Adam H. Kerman <ahk@chinet.com>:
    Under 1. The Earned Income Credit, if the child was born and died within
    the same calendar year and wasn't issued an SSN, IRS allows the the birth
    or death certificate or record of live birth to be substituted for the SSN.

    This doesn't make any sense. Applications for issuance of birth and death >certifications are mandatory under state vital statistics laws and these >days, the record of live birth is part of the very same application package >used to obtain the SSN. Medical personnel are obligated to record ...

    Life can be complicated. Not every child is born in a hospital, some
    hospitals are better at carrying through the paperwork than others.

    While I agree that in recent years most newborns get SSNs along with
    their birth certificate, not all of them do.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --
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  • From Adam H. Kerman@21:1/5 to John Levine on Sun Feb 26 16:27:14 2023
    John Levine <johnl@taugh.com> wrote:
    According to Adam H. Kerman <ahk@chinet.com>:

    Under 1. The Earned Income Credit, if the child was born and died within >>the same calendar year and wasn't issued an SSN, IRS allows the the birth >>or death certificate or record of live birth to be substituted for the SSN.

    This doesn't make any sense. Applications for issuance of birth and death >>certifications are mandatory under state vital statistics laws and these >>days, the record of live birth is part of the very same application package >>used to obtain the SSN. Medical personnel are obligated to record ...

    Life can be complicated. Not every child is born in a hospital, some >hospitals are better at carrying through the paperwork than others.

    Of course there can be paperwork screwups. Yes, you're right. But this permission to the state to apply for the newborn's SSN on behalf of the
    parents is given in the form of a check box on form on which the
    parents' identification is already being collected that one of them must
    sign for the birth certificate. This is one of the very few instances of
    an improved bureaucratic procedure truly reduces paperwork for the
    applicant.

    It shouldn't matter where the birth takes place. Somebody has the
    obligation to report the birth (except the cab driver). The person
    obligated to report the birth will have the correct paperwork for the
    birth certificate, which will include permission to apply for the SSN.

    Gosh, I hope they don't make things more difficult for the poor parents
    in this hypothetical, given that the newborn is not healthy. Don't want
    to force these parents to make an avoidable trip to the Social Security
    office.

    While I agree that in recent years most newborns get SSNs along with
    their birth certificate, not all of them do.

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