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November 3, 2024
Question

Amending my 2022 and 2023 tax return to include my child's SSN for child tax credit

  • November 3, 2024
  • 1 reply
  • 0 views

Hi all, I have an L1 working visa. I filed my 2022 (with extension) and 2023 tax returns (without extension). For the child tax credit, since my daughter didn't qualify for SSN at the time, TurboTax led me to apply for ITIN because I included the child tax credit in my tax return. Along with my tax return, I included a W-7 form to request ITIN for my child. There were a few back-and-forth mails between me and the IRS on the additional evidence for my child's ITIN. Even though I provided everything the IRS asked for, they didn't issue ITIN for my child (I know other L1 visa holders whose children have ITIN). I was made to apply for my child's ITIN 4-5 times from scratch. Even local IRS office employees were perplexed that my child wasn't issued ITIN and couldn't confirm why. Due to a recent status change, my child got SSN. Can I amend my 2022 and 2023 tax returns to include/update SSN and claim the child tax credit today?

    1 reply

    Employee
    November 3, 2024

    No.   Sorry---you cannot amend to get the child tax credit for a time before your child had a SSN.   With an ITIN, you were only eligible to get the $500 credit for other dependents for those tax years.   Going forward, if your child has a SSN and is under the age of 17, you may be able to get the child tax credit.

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    November 4, 2024

    Thank you. I believe that it was IRS's negligence that my child's ITIN wasn't issued. Somehow, if my child gets ITIN later, can I then retroactively amend my child to claim the child tax credit in the 2022 and 2023 tax returns or does the situation in your response still apply?

    Employee
    November 4, 2024

    Sorry--the tax law disallows getting the child tax credit retroactively.    You cannot get the child tax credit with an ITIN.   You can only get it for a child with a SSN.   If your child has a SSN now, you may get the CTC on your 2024 return.

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**