Business & Finance Taxes

Instructions for Adoption Tax Credit

    How Much is the Credit?

    • The credit is a considerable amount. In 2009, a maximum of $12,150 can be claimed for each child. This is a lifetime maximum that can be claimed.

    When to Take the Credit

    • For children who do not have special needs the credit can be taken for the year that the adoption is finalized. The credit can include expenses from previous years that were used in pursuit of the adoption. If the IRS has determined your child to have special needs then the credit can be taken without finalization of adoption.

    What Are Qualifying Expenses?

    • The IRS states that "reasonable and necessary adoption fees, court costs, attorney fees, traveling expenses, including ...meals and lodging ..." can be included in the credit. The expense must be used when adopting an eligible child.

    What is an Eligible Child?

    • Only the adoption of an eligible child can qualify for the adoption credit. The child must be age 17 or under, or be unable to care for himself to due to a physical or mental disability. Adopting a stepchild does not qualify for the adoption tax credit. To qualify under the special needs child rules, the child must already be a U.S. citizen, be permanently in the foster care system (will not return to his parents), and be considered difficult to place by the state. In these cases the parents are receiving adoption subsidies.

    How to Claim the Adoption Credit

    • The adoption credit is easily claimed by using the tax form 8839. Information you will need is the child's full name, citizenship status and identification number. Your adjusted gross income will also have to be reported on this form. All receipts and documents relating to the adoption will need to be included with the form, with an exception for special needs adoptions.

    Income Limits

    • Only families with an adjusted gross income of less than $222,180 can get the tax credit. For those with incomes of $182,180 to $222,179 only a partial credit is given. To receive the full credit your income must be less than $182,180. These incomes are for the 2009 year.

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