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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
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Experience:  10 years experience
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We are in the process of amending several tax returns. Our

Customer Question

We are in the process of amending several tax returns. Our American born children, and I (the Canadian wife of a U.S. Citizen) had no SSN's when the previous years were originally filed. We now all have SSNs. We were told about The PATH Act, passed is 2015 but don't know if it applies to our situation. H&R Block has advised us that we might not be able to get any child credit. We aren't looking for refunds, but are looking to reduce the tax debt that my husband owes from the previous years. From what we have read, The PATH Act doesn't seem to apply to us, being that we were never eligible for ITIN's. The two children who didn't have SSN's are now 8 and 5. We just got all the SSN's within the past couple of months.
Submitted: 2 months ago.
Category: Tax
Expert:  emc011075 replied 2 months ago.

Hi. My name is ***** ***** I will be happy to help you.

How the returns you are amending were filed? Did your spouse filed as single? Were the children or you claimed as dependents? If you are not eligible for SS# ***** are automatically eligible for ITIN.

Expert:  emc011075 replied 2 months ago.

You can amend the returns and ADD you and the children to the return and claim the credit if none of you were claimed on the original return. But you cannot amend the returns and the credit that was disallowed because your returns was filed using ITIN.

To file a tax return you MUST have SS# ***** ITIN.

Customer: replied 2 months ago.
The children were never claimed as dependants because we had them at home in California and never got their ssn's because the midwives there don't fill out that paperwork for you. Since they are American citizens they're were never eligible for ITINs, nor was I because I am married to a U.S. Citizen, (we were married in 2011) and therefore eligible for a SSN (which I've just gotten due to the process of getting my green card).
Customer: replied 2 months ago.
The people at h&r block are saying that the PATH Act might prevent us from going back and getting child tax credit. Are you familiar with this?
Expert:  emc011075 replied 2 months ago.

So how your husband filed his original return? Single?

Expert:  emc011075 replied 2 months ago.

If you are amending your return to ADD the children and you, you can claim the credit. But if you are amending the return to claim credits that were disallowed because returns had been filed with ITINs you will not be able to claim credit.

The PATH affects American opportunity credit (EDU credit), Child tax credit and Earned income credit. So why are you amending your returns?

Customer: replied 2 months ago.
We are amending the taxes to get credit that we've never received, or filed for, because we had no SSN's AND we never qualified for ITINs...because we ALL qualified for SSNs. There has never been any credit disallowed because it was never filed for. There have never been any returns filed with ITINs.
Expert:  emc011075 replied 2 months ago.

In understand it. My question is how the original return had been filed? Did you and your husband filed jointly?

Expert:  emc011075 replied 2 months ago.

Were the children claimed as dependent on the original return or you are adding them now as dependents?

Customer: replied 2 months ago.
Is there a tax lawyer I can speak with. You're not understanding my question.
Expert:  emc011075 replied 2 months ago.

I understand your question. But I need you to answer my question before I can answer yours.

Customer: replied 2 months ago.
I'm not satisfied. I'd like speak with a lawyer.
Customer: replied 2 months ago.
My credit card was just charged after I said I was NOT satisfied!!