I got a question from someone who is in the US but from abroad. He has
a Social security Number, but wasn't aware one was needed for his
children. His tax returns were rejected for that reason for several
years, and he had to amend them.
Now his children have SS numbers. Can he file amended returns for past
years now that they have SS numbers? The IRS says you can do that for
a child born in the US who hasn't received their number yet. But can
you do that for foreign children?
Stuart O. Bronstein <spamtrap@lexregia.com> wrote:
I got a question from someone who is in the US but from abroad.
He has a Social security Number, but wasn't aware one was needed
for his children. His tax returns were rejected for that reason
for several years, and he had to amend them.
Now his children have SS numbers. Can he file amended returns for
past years now that they have SS numbers? The IRS says you can do
that for a child born in the US who hasn't received their number
yet. But can you do that for foreign children?
This page says nothing about the nationality of the dependent. I
say file the amended returns and see what happens.
https://www.irs.gov/faqs/filing-requirements-status-dependents/depe ndents/dependents-9
Do you have any further details? Given that the children are
foreign, how were they eligible to receive SSNs? Have they all
immigrated or is the father here on a work visa?
"Adam H. Kerman" <ahk@chinet.com> wrote:
Stuart O. Bronstein <spamtrap@lexregia.com> wrote:
I got a question from someone who is in the US but from abroad.
He has a Social security Number, but wasn't aware one was needed
for his children. His tax returns were rejected for that reason
for several years, and he had to amend them.
Now his children have SS numbers. Can he file amended returns for
past years now that they have SS numbers? The IRS says you can do
that for a child born in the US who hasn't received their number
yet. But can you do that for foreign children?
This page says nothing about the nationality of the dependent. I
say file the amended returns and see what happens.
https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents/dependents-9
Do you have any further details? Given that the children are
foreign, how were they eligible to receive SSNs? Have they all
immigrated or is the father here on a work visa?
Sorry, I don't have additional information at this time. I saw that
same page on the IRS website. My conclusion from that was that, if
the children had the right to a Social Security Number at the time,
he should be able to file amended returns. I wasn't able to find any
other support for that. (On the other hand I wasn't being paid for it
so I didn't look all that hard.)
I got a question from someone who is in the US but from abroad. He has
a Social security Number, but wasn't aware one was needed for his
children. His tax returns were rejected for that reason for several
years, and he had to amend them.
Now his children have SS numbers. Can he file amended returns for past
years now that they have SS numbers? The IRS says you can do that for
a child born in the US who hasn't received their number yet. But can
you do that for foreign children?
Thanks for any insights you may have.
Stuart O. Bronstein wrote:
I got a question from someone who is in the US but from abroad.I am going to assume that we are dealing with non-citizens of the
He has a Social security Number, but wasn't aware one was needed
for his children. His tax returns were rejected for that reason
for several years, and he had to amend them.
Now his children have SS numbers. Can he file amended returns
for past years now that they have SS numbers? The IRS says you
can do that for a child born in the US who hasn't received their
number yet. But can you do that for foreign children?
Thanks for any insights you may have.
U.S. and that they are all resident aliens of the U.S. because of
the substantial presence test. As such, resident aliens are
entitled to the same tax benefits as US citizens (but see below
for the exception when amending) and file a 1040.
Now that the children have their SS#, the parent can file amended
returns for open years for a tax refund and claim a child as
either a qualifying child or qualifying relative depending upon
the facts.
That said, there are certain tax benefits that are not allowed
unless the child received the SS# prior to the due date (including
any extension) of the annual tax return being amended. You can
not claim the EITC nor can you claim the CTC/ACTC for the
qualifying child for any year in which the child did not have a
SS# before the due date. All the other tax benefits such as filing
as HoH, child and dependent care credit, credit for other
dependents, the education credits and the tuition & fees deduction
for an open year that allowed that deduction are available to
resident aliens on the amended returns.
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