Adoption Tax Credits
ADOPTION INSIGHT
Written by Administrator
Last Updated: Friday, 24 July 2009
Under the dollar limit the amount of your adoption credit or exclusion is limited to
the dollar limit for that year for each effort to adopt an eligible child. If you can take
both a credit and an exclusion, this dollar amount applies separately to each. For
example, if we assume the dollar limit for the year is $10,000 and you paid $9,000 in
qualifying adoption expenses for a final adoption, while your employer paid $4,000
of additional qualifying adoption expenses, you may be able to claim a credit of up to
$9,000 and also exclude up to $4,000.You may be able to take a tax credit for
qualifying expenses paid to adopt an eligible child (including a child with special
needs). The adoption credit is an amount subtracted from your tax liability.
Although the credit generally is allowed for the year following the year in which the
expenses are paid, a taxpayer who paid qualifying expenses in the current year
for an adoption which became final in the current year, may be eligible to claim the
credit on the current year return. The adoption credit is not available for any
reimbursed expense. In addition to the credit, certain amounts reimbursed by your
employer for qualifying adoption expenses may be excludable from your gross
income.
For both the credit or the exclusion, qualifying expenses include reasonable and
necessary adoption fees, court costs, attorney fees, traveling expenses (including
amounts spent for meals and lodging while away from home), and other expenses
directly related to and for which the principal purpose is the legal adoption of an
eligible child. An eligible child must be under 18 years old, or be physically or
mentally incapable of caring for himself or herself. The adoption credit or exclusion
cannot be taken for a child who is not a United States citizen or resident unless the
adoption becomes final. An eligible child is also a child with special needs if he or
she is a United States citizen or resident and a state determines that the child
cannot or should not be returned to his or her parent's home and probably will not
be adopted unless assistance is provided. Under certain circumstances, the amount
of your qualified adoption expenses may be increased if you adopted an eligible
child with special needs.
The credit and exclusion for qualifying adoption expenses are each subject to a
dollar limit and an income limit.
The dollar limit for a particular year must be reduced by the amount of qualifying
expenses taken into account in previous years for the same adoption effort.
The income limit on the adoption credit or exclusion is based on your modified
adjusted gross income (modified AGI). If your modified AGI is below the beginning
phase out amount for the year, the income limit will not affect your credit or
exclusion. If you modified AGI is more than the beginning phase out amount for the
year, your credit or exclusion will be reduced. if your modified AGI is above the
maximum phase out amount for the year, your credit or exclusion will be eliminated.
Generally, if you are married, you must file a joint return to take the adoption credit
or exclusion. If your filing status is married filing separately, you can take the credit
or exclusion only if you meet special requirements.
You can find applicable IRS forms in our membership section.
Last Updated: Friday, 24 July 2009
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