tax return

[imee09 0]

Hello again. I came here thru k1 with my kid which is k2. My husband want to included my son in his Tax Return this year. is that possible though we just get last year Cotober 2012?

Edited January 19, 2013 by imee09

[Dave&Roza 748]

Hello again. I came here thru k1 with my kid which is k2. My husband want to included my son in his Tax Return this year. is that possible though we just get last year Cotober 2012?

As long as the life event--marriage, divorce, birth of a child, adoption, etc--occurs before the end of the year--i.e. December 31,2012--you can claim that event for the entire tax year. Get married on December 31st you can be considered married for the entire year and file your taxes as married filing jointly or married filing seperately. If you have a child born on December 31st you can claim that child as a deduction for the entire year. Same for your child and your marriage.

Good luck,

Dave

[imee09 0]

Yes we get married November 2012, but there is no adoption process yet. We are just about to apply for Adjustment of Status.

[Gary and Alla 3,694]

Hello again. I came here thru k1 with my kid which is k2. My husband want to included my son in his Tax Return this year. is that possible though we just get last year Cotober 2012?

YES.

[Darnell 8,478]

although it's possible, and allowed,

can you ?

you two have SSNs yet, or no ?

[Gary and Alla 3,694]

Yes we get married November 2012, but there is no adoption process yet. We are just about to apply for Adjustment of Status.

The child does not have to be adopted. Ever.

As of the date of marriage the child is a legal dependent of YOU and your husband. Tax status is determined by the status of a person on Decmber 31 of that year. If you were married on, or before, December 31 then you can file a joint return and your son is a dependent of BOTH you and your husband.

[Gary and Alla 3,694]

although it's possible, and allowed,

can you ?

you two have SSNs yet, or no ?

You do not need an SSN. We did not have one for the first year we claimed BOTH our sons.

Go to the SS office and they will give you a letter that the child is not yet eligible for an SSN (until he gets his green card an SSN is not available for K-2s) Where it asks for his SSN write "pending" and attach a copy of the letter from the SS office to your tax return. IF the child does not have an SSN then you will have to file a "paper" return...the old fashioned way. You cannot submit an electronic return without a valid SSN for everyone. You can still have the refund direct deposited.

[imee09 0]

We went to the SSN office and they said they can't give my son his SSN. Need to get him EAP first. I just worry cause it took couple months to have his EAP. We are curretly filing forms for EAP.

Edited January 19, 2013 by imee09

[Darnell 8,478]

I have SSN but they did not give my son SSN. need to get him EAP first

I like Gary's method, in post #7, better !

[imee09 0]

thank you so much. These infos help me

[Darnell 8,478]

ya, be prepared to file 'only via paper' this first year.

[Villanelle 4,121]

I think the issue your hung up here is the fact that youre calling this 'his tax return'. . Its your tax return as well, not just his. Its a joint tax return if youre filing married filing jointly.

So on it, it would list both spouses names and any dependents.

Your child is your dependent. So it goes on your taxes. Your husband doesnt need to adopt your child for tax benefits, the only benefit of adoption is the strengthening of the unity of your family.

[Gary and Alla 3,694]

We went to the SSN office and they said they can't give my son his SSN. Need to get him EAP first. I just worry cause it took couple months to have his EAP. We are curretly filing forms for EAP.

They are correct. But you do not need the SSn to file taxes. Se note above.

I think the issue your hung up here is the fact that youre calling this 'his tax return'. . Its your tax return as well, not just his. Its a joint tax return if youre filing married filing jointly.

So on it, it would list both spouses names and any dependents.

Your child is your dependent. So it goes on your taxes. Your husband doesnt need to adopt your child for tax benefits, the only benefit of adoption is the strengthening of the unity of your family.

There are some other benefits of adoption, BUT tax considerations are not one of them.

[imee09 0]

i get it. Thank you so much.

[bigdog 376]

They are correct. But you do not need the SSn to file taxes. Se note above.

There are some other benefits of adoption, BUT tax considerations are not one of them.

:thumbs:I was, two different issues.

Edited January 20, 2013 by bigdog