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Child Tax Credit Issues with Delayed Birth Certificate for Adopted Child

I'm in a really frustrating situation with the IRS regarding the Child Tax Credit for my adopted son. I became his foster parent about 4 years ago after his biological parents had done a home birth with no documentation. The whole birth certificate process was a nightmare due to delays from the pandemic and endless bureaucracy. It literally took over 2 years to finally get his birth certificate, which came with a special addendum explaining it was a delayed issue. My caseworker had advised me to wait on filing taxes until I had this document, which I did. Well, the IRS just rejected my claims for the Child Tax Credit for those years! They're saying their rules don't allow for a delayed birth certificate. According to them, I can claim the credit going forward, but not for the 3 years when I was raising him as a single parent. This is thousands of dollars that would really help us. I have mountains of proof that I was his guardian - court documents, foster care paperwork, receipts for everything from doctor visits to clothes to childcare. I can literally prove I was responsible for him, but apparently the one document they absolutely require is the very one that took forever to get due to circumstances beyond my control. Has anyone dealt with something similar? Is it worth appealing this decision? The whole situation seems absurd - I was legally caring for this child, paying all his expenses, but can't get the tax credit because government bureaucracy moved at a snail's pace.

My sister went through almost the exact same situation with her adopted son. What worked for her was submitting Form 8862 (Information To Claim Certain Credits) along with a detailed letter explaining the circumstances and documentation from the adoption agency confirming the dates of placement and finalization. She also included affidavits from her social worker and pediatrician confirming they had been seeing the child since placement. The IRS eventually approved her claim after initial rejection. The key was persistence and overwhelming documentation from multiple sources.

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Kristin Frank

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That's really helpful info! Did she have to go through multiple appeals or did they accept everything after the first detailed submission with the Form 8862?

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It took two submissions. The first one was rejected with a form letter, but she called (after struggling to get through) and spoke with an agent who advised her to resubmit with even more documentation and a more detailed timeline of the birth certificate delays. The second submission included everything from the first plus school enrollment records, health insurance coverage documentation, and a more detailed letter citing specific sections of the tax code related to qualifying children. That one was finally approved, though it took about 4 months to process.

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PaulineW

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Have you tried contacting your state's taxpayer advocate? They can sometimes help navigate these situations, especially when there are extenuating circumstances like yours. They might be able to help identify exactly what documentation the IRS needs to approve your claim. Also, just a personal experience - we had a somewhat similar situation with our kinship placement and eventually got our credits after appealing, but it took almost 8 months and multiple submissions. Don't give up!

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I second this! The Taxpayer Advocate Service helped me resolve a much simpler issue when regular IRS channels were going nowhere. They're specifically designed to help with situations where the standard process isn't working due to special circumstances.

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Carmen Ruiz

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For what it's worth, I went through something similar and found out it's pretty common with gig work. Your W-2 withholding is probably correct, but the issue is that you need to be making quarterly estimated tax payments on your 1099 income. When you're seeing that big refund before entering your 1099, it means your W-2 job is withholding correctly for THAT income only. But once you add the 1099 income, you owe additional taxes that weren't withheld. I solved this by setting up automatic transfers of 25-30% of my DoorDash deposits into a separate savings account for taxes. Then I make quarterly payments using the IRS Direct Pay system.

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How do you figure out what percentage to save for quarterly payments? I do Instacart and have been just guessing and usually end up owing at tax time anyway.

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Carmen Ruiz

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I started with 30% as a safe estimate (covers both income tax and self-employment tax for most people). Then after filing my first full year of taxes with gig work, I calculated my effective tax rate on just the 1099 income. For me personally, it worked out to about 27% when considering federal, state, and self-employment taxes. But this varies based on your total income, tax bracket, deductions, and which state you live in. If you're eligible for a lot of deductions (like mileage for Instacart), you might need to set aside less.

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Zoe Dimitriou

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One thing no one mentioned - check if you changed your W4 in the past year or if your employer updated their payroll system. My company switched payroll providers last year and somehow my withholding got WAY messed up (too much taken out) even though I didn't change anything on my W4. If you do wanna adjust your W4 to have less taken out from your regular job, use the IRS Tax Withholding Estimator online. It lets you put in both W2 and 1099 income to give you the right withholding.

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Zara Malik

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That's a good point - my company did actually change their payroll system around October last year! I just checked my final paystub from 2023 and compared it to my 2022 W-2, and it looks like they withheld about $2,800 more in 2023 than in 2022, even though my salary only went up by about $4,000. That explains a lot!

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As someone who's been audited for exactly this type of situation, let me offer some practical advice: 1) Business purpose is everything. If you buy a $130k luxury vehicle primarily for the deduction rather than because it genuinely serves a necessary business function, you're asking for trouble. 2) Keep meticulous records of every property you visit, meeting you take, and business mile you drive. I use an app that logs all my business trips automatically. 3) Consider a cost-benefit analysis. Even if you could get the deduction (doubtful given passive activity loss limits), is the administrative burden and audit risk worth the tax savings? 4) Talk to someone who specializes specifically in taxation for physicians with real estate investments. Generic CPAs often miss the nuances here. Just my two cents from someone who learned the hard way!

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What happened with your audit? Did you end up having to pay back taxes plus penalties? I'm considering a similar strategy but worried about the consequences if it doesn't work out.

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The audit was brutal. They disallowed about 70% of my claimed business expenses, including most of the vehicle depreciation, because my documentation wasn't sufficient to prove predominant business use. I had to pay back taxes, interest, and a 20% accuracy-related penalty. The biggest issue was that I couldn't demonstrate I was spending enough time in real estate activities to justify such a large vehicle expense, especially given my full-time medical practice. The IRS agent specifically noted that my income level made the large loss suspicious. They applied the hobby loss rules and reclassified much of my activity as passive. The total hit was around $45,000 including professional fees for representation during the audit.

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KylieRose

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Have you considered a 1031 exchange into opportunity zones instead? Much cleaner tax advantages than trying to create losses. My practice income is similar to yours, and I've found that investing in actual rental properties in opportunity zones gives me better tax benefits without raising the same red flags.

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Opportunity zones are interesting but completely different from what OP is asking about. 1031 exchanges defer capital gains on property sales, while opportunity zones provide capital gains tax reductions. Neither helps reduce taxes on current W2 income like OP wants.

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This is why I always say the tax code is anti-family! The government basically punishes you for getting married. My wife and I had the exact same issue. We used to get around $5,000 back when we filed separately, now we're lucky if we get $1,200.

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Demi Lagos

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It's not always a penalty though. Higher income couples often benefit from filing jointly. It tends to be a penalty in cases where both spouses earn similar amounts or when specific credits like EIC are involved. The system definitely needs updating though!

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Mason Lopez

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One thing to consider for next year - you might want to adjust your withholding on your W-4s since your tax situation has changed significantly. If you're owing a lot now, updating your withholding could help prevent a big surprise next year. The IRS has a Tax Withholding Estimator tool on their website that can help with this.

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Miguel Castro

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I'm dealing with the same Form 2210 issue and my software provider told me it should be available by March 15th. They said the delay is because the IRS made last-minute changes to the form's calculations for the 2025 filing season. If your clients can wait until then, e-filing would still be faster than paper filing now. For the employer hold issue - I've had success writing a letter on my preparers letterhead explaining the situation to the employer. Most reasonable employers will accept documentation that you're waiting on IRS form availability rather than penalizing the employee.

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That's actually really helpful! Do you have a template for that letter you could share? I've got a similar situation with a client whose employer is being difficult about a bonus payout.

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Miguel Castro

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I don't have a specific template, but I include these key elements: client name, confirmation they've provided all necessary tax documents, explanation that we're waiting on IRS Form 2210 availability for e-filing, expected date of form availability, and confirmation that their return is otherwise complete and will be filed immediately once the form is available. I also include my PTIN and contact information so the employer can verify my credentials if needed. Most employers just want assurance that the employee isn't dragging their feet on filing.

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Another option is to e-file now WITHOUT the Form 2210 and then file an amended return later with Form 2210 once it becomes available. This gets the main return processed right away, clearing any employer holds, and then you deal with the penalty waiver separately.

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LunarEclipse

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Is that actually allowed? I thought you had to include all required forms with the original filing.

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