This year seems to be the year of tax credits; this post is made up almost exclusively of William Perez's discussion on the adoption tax credit.
Adoption Tax Credit:
Tax credit of up to [$12,150 in 2009] for adopting a child
By William Perez, About.com
You qualify for the adoption tax credit if you adopted a child and paid out-of-pocket expenses relating to the adoption. The adoption credit is calculated on Form 8839 Qualified Adoption Expenses (PDF). You may claim an adoption credit of up to $12,150 (for tax year 2009) per eligible child.
Adoption Tax Credit Amounts
2009: $12,150
2008: $11,650
2007: $11,390
2006: $10,960
Adoption Tax Credit Phase-out Ranges
2009: $182,180 - $222,180
2008: $174,730 - $214,730
2007: $170,820 - $210,820
2006: $164,410 - $204,410
The credit is reduced based your modified adjusted gross income. The IRS provides a worksheet for figuring your modified adjusted gross income for the adoption credit in the Instructions for Line 8 of Form 8839. Any income excluded from tax using the Foreign Earned Income Exclusion must be added back for the purposes of determining the phase-out range for the adoption credit.
Adoption Tax Credit Eligibility Requirements
To be eligible for the adoption credit, you must:
- Adopt an eligible child, and
- Pay qualified adoption expenses out of your own pocket.
Eligible Children include:
- any child age 17 or younger, or
- a child of any age who is a US citizen or resident alien and who is physically or mentally incapable of caring for himself or herself.
Qualified Adoption Expenses are calculated by:
- Adding up all the expenses related to the adoption,
- Subtracting any amounts reimbursed or paid for by your employer, government agency, or other organization.
Adoption expenses include any and all costs directly relating to your adoption and that are reasonable and necessary for your adoption. Expenses include adoption fees, legal fees, court costs, and travel expenses.
Taxpayers who adopt a special needs child can claim the full amount of the adoption credit without regard to the actual expenses paid in the year the adoption becomes final.
Eligible expenses must be "directly related" to the adoption of an eligible child. This may include adoption fees, legal fees, and court costs. Expenses for a failed adoption might qualify for the credit if followed by a successful adoption, but the two adoption efforts would be considered as one adoption and subject to the dollar limit per eligible child. The editors of JK Lasser's Your Income Tax advise:
"Do not include expenses paid or reimbursed by your employer or any other person or organization. You may not claim a credit for the costs of a surrogate parenting arrangement or for adopting your spouse's child." (page 469)
When to Claim the Adoption Credit
What year you can claim the adoption credit depends on when the adoption was finalized and whether the adopted child is a US citizen, resident alien, or foreign national.
If the child is a US citizen or resident alien, then you take the adoption credit in the following order:
- for expenses paid before the adoption is final, you take the adoption credit in the year after your expenses were paid,
- for expenses paid in the same year that the adoption is final, you take the adoption credit in the same year, and
- for expenses paid in the year after the adoption is final, you take the adoption credit in the year the expenses were paid.
For example, you adopted a child in 2007, but you paid adoption expenses in 2006, 2007, and 2008. Your 2006 expenses are taken on your 2007 tax return (they must be delayed by one year because the adoption was not final). Your 2007 expenses are taken on your 2007 tax return (because they occurred in the same year as the adoption became final). You take your 2008 expenses on your 2008 tax return. In this example, your 2007 adoption expenses include both your 2006 and your 2007 expenses.
If the child is a foreign national, then you take the adoption credit only in the year when the adoption becomes final. Any expenses paid in the year after the adoption is finalized, you can take a credit for those expenses in the year that you paid them.
If your adopted child does not yet have a Social Security Number, you must apply for an Adoption Tax ID Number (ATIN) in order for you to begin claiming your adopted child as a dependent. The IRS provides comprehensive information on the Adoption Taxpayer Identification Number.
Dollar Limitations for the Adoption Credit
The maximum dollar amount you can claim for the adoption tax credit is limited by actual expenses you paid, by the phase out range for income, and by the interaction of the adoption credit with the foreign tax credit and the alternative minimum tax.
Carrying Forward the Adoption Credit
Any adoption credit in excess of your tax liability can be carried forward to the next tax year. Excess adoption credits can be carried-forward for five years and is used up on a first-in, first-out basis. The IRS provides a Credit Carryforward Worksheet in the Instructions for Form 8839.
Adoption Tax Credit Resources
