Tax Help - All God's Creatures Need A Home

For the thousands of couples who have found that they cannot have children of their own, there is always the option of adoption.

The adoption is both time consuming and can be costly, but the IRS is willing help those who help the children.

The adoption 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.

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.

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 your 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.

To take the credit or exclusion, complete Form 8839 (PDF), Qualified Adoption Expenses, and attach the form to your Form 1040 (PDF) or Form 1040A (PDF).

Tax Help - The Tax Advantages of Adoption

You may be able to take a tax credit for qualifying expenses paid to adopt an eligible child.

First, check with your employer about assistance, because some companies offer a program to get back a portion of adoption expenses. The Adoption Credit is not available for any reimbursed expense, but certain amounts reimbursed by your employer for qualifying adoption expenses may be excluded from your gross income.

How does it work?

The Adoption Credit could reduce your tax liability by as much as $11,390 for any type of adoption. You may claim both a credit and an exclusion for the expenses of adopting an eligible child. In other words, you may be able to claim a credit of up to $11,390 and also exclude up to $11,390 from your income. However, you can't claim both a credit and an exclusion for the same expense.

To qualify for the full credit:

• Your adjusted gross income must be less than $170,820.
• The Adoption Credit or exclusion must be taken for a child who is a U.S. citizen or resident, unless the adoption of a foreign non-resident child becomes final.
• You must adopt an eligible child.

Or

• The child must have special needs.
• The child must be a U.S. citizen or resident.
• A state has determined that the child can't or shouldn't be returned to their parents' home and probably won't be adopted unless assistance is provided.

The credit and exclusion are reduced if your modified adjusted gross income is between $170,820 and $210,820. You can't claim either the credit or the exclusion if your modified adjusted gross income is $210,820 or more.

If you're adopting a special needs child, you can claim the full credit regardless of the amount spent on adoption expenses.

Is my child eligible?

An eligible child is one who is either younger than 18 or physically or mentally incapable of self care. A special needs child must have been a U.S. citizen or resident at the time the adoption procedure began, a state must have determined that the child shouldn't be returned to his or her parents' home, and the state must have determined that the child will not be adopted without assistance from the state. States make this determination based on a variety of factors that include:

• the child's ethnic background
• the child's age
• the child's minority status
• whether the child has siblings
• whether the child has a chronic medical condition
• whether the child has an emotional or physical handicap

Which adoption expenses qualify?

Adoption expenses covered by the credit include:

• all adoption fees
• court costs
• attorney fees
• travel expenses (including meals and lodging while away from home)
• other expenses directly related to the legal adoption of an eligible child

What expenses don't qualify?

There are several adoption-related expenses that are not eligible for the credit. Some of these include:

• expenses that violate state or federal law
• expenses associated with surrogate parenting arrangements
• expenses associated with the adoption of your spouse's child
• expenses paid with funds received from any government program
• expenses allowed as a credit or deduction under any other federal income tax provision
• expenses paid or reimbursed by an employer or someone else

When do I claim this credit?

If you're adopting a U.S. child, you claim the tax credit in the year after you incur the expense or the year the adoption becomes final, whichever comes first. For example, if you pay for a home study in 2006 but your adoption isn't finalized until 2007, you claim the Adoption Credit in 2007. The credit for expenses you pay in a year after the adoption is final is claimed in the year the expenses were paid.

In the case of a U.S. child, you can claim the credit even if your adoption of the child fails. However, if your adoption involves a foreign child, you can take the credit only if the adoption is completed.

You may claim the credit for more than 1 year. For example, assume you spent $500 in 2005 for a home study to adopt a U.S. child, then an additional $3,000 in court costs and adoption agency fees in 2006. If the adoption wasn't finalized until 2007, you would claim a $500 credit in 2006 and a $3,000 Adoption Credit in 2007. If the adoption became final in 2006, you would have taken the entire $3,500 credit in 2006. But again, for foreign children, no credit may be taken until, and only if, the adoption is finalized

Adoption Credits

• Claim the Adoption Credit or exclude up to $11,390 for qualifying adoption expenses.
• Qualified expenses include adoption fees, court costs, attorney fees and travel expenses.
• Claim the credit the year after you pay expenses or the year the adoption is final, whichever comes first.

You may be able to take a tax credit for qualifying expenses paid to adopt an eligible child. First, check with your employer about assistance, because some companies offer a program to get back a portion of adoption expenses. The Adoption Credit is not available for any reimbursed expense, but certain amounts reimbursed by your employer for qualifying adoption expenses may be excluded from your gross income.

How does it work?

The Adoption Credit could reduce your tax liability by as much as $11,390 for any type of adoption. You may claim both a credit and an exclusion for the expenses of adopting an eligible child. In other words, you may be able to claim a credit of up to $11,390 and also exclude up to $11,390 from your income. However, you can't claim both a credit and an exclusion for the same expense.

To qualify for the full credit:

• Your adjusted gross income must be less than $170,820.
• The Adoption Credit or exclusion must be taken for a child who is a U.S. citizen or resident, unless the adoption of a foreign non-resident child becomes final.
• You must adopt an eligible child.

Or

• The child must have special needs.
• The child must be a U.S. citizen or resident.
• A state has determined that the child can't or shouldn't be returned to their parents' home and probably won't be adopted unless assistance is provided.

The credit and exclusion are reduced if your modified adjusted gross income is between $170,820 and $210,820. You can't claim either the credit or the exclusion if your modified adjusted gross income is $210,820 or more.

If you're adopting a special needs child, you can claim the full credit regardless of the amount spent on adoption expenses.

Is my child eligible?

An eligible child is one who is either younger than 18 or physically or mentally incapable of self care. A special needs child must have been a U.S. citizen or resident at the time the adoption procedure began, a state must have determined that the child shouldn't be returned to his or her parents' home, and the state must have determined that the child will not be adopted without assistance from the state. States make this determination based on a variety of factors that include:

• the child's ethnic background
• the child's age
• the child's minority status
• whether the child has siblings
• whether the child has a chronic medical condition
• whether the child has an emotional or physical handicap

Which adoption expenses qualify?

Adoption expenses covered by the credit include:

• all adoption fees
• court costs
• attorney fees
• travel expenses (including meals and lodging while away from home)
• other expenses directly related to the legal adoption of an eligible child

What expenses don't qualify?

There are several adoption-related expenses that are not eligible for the credit. Some of these include:

• expenses that violate state or federal law
• expenses associated with surrogate parenting arrangements
• expenses associated with the adoption of your spouse's child
• expenses paid with funds received from any government program
• expenses allowed as a credit or deduction under any other federal income tax provision
• expenses paid or reimbursed by an employer or someone else

When do I claim this credit?

If you're adopting a U.S. child, you claim the tax credit in the year after you incur the expense or the year the adoption becomes final, whichever comes first. For example, if you pay for a home study in 2006 but your adoption isn't finalized until 2007, you claim the Adoption Credit in 2007. The credit for expenses you pay in a year after the adoption is final is claimed in the year the expenses were paid.

In the case of a U.S. child, you can claim the credit even if your adoption of the child fails. However, if your adoption involves a foreign child, you can take the credit only if the adoption is completed.

You may claim the credit for more than 1 year. For example, assume you spent $500 in 2005 for a home study to adopt a U.S. child, then an additional $3,000 in court costs and adoption agency fees in 2006. If the adoption wasn't finalized until 2007, you would claim a $500 credit in 2006 and a $3,000 Adoption Credit in 2007. If the adoption became final in 2006, you would have taken the entire $3,500 credit in 2006. But again, for foreign children, no credit may be taken until, and only if, the adoption is finalized.