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Tax Relief - Adoption Tax Credits

By Rob L Daniel


Parents who adopt a qualified child can claim tax credits on their federal income tax, whether the adoption was finalized or not. But this is applicable only to domestic adoption; rules on international adoption require that adoption be finalized before claims are made. Expenses for an adoption that was stopped may be claimed in full on a second adoption. Those for surrogate parents or for adopting a spouse's child are not qualified.

Eligible expenses include all adoption fees, court fees, attorney's fees, travel expenses (meals, lodging while away from home) and other directly related to the process. Non-eligible expenses include those paid from a government program, paid for by the employer or someone else, allowed as credit or deduction by another income tax provision, or violates state or federal law.

Usually the amounts spent in the adoption process are deductible up to $11,390. There is also an exclusion provision in the same amount, and both may be claimed. Adopting a waiting child (special needs child in IRS publications) can qualify the taxpayer to the full credit regardless of the actual amount spent in the process. Qualified expenses mean adoption fees, attorney's fees, and certain travel costs including lodging, transportation and meals.

To be eligible in claiming the full credit:

  1. The taxpayer's adjusted gross income (AGI) should be below $170,820
  2. The child must be a US citizen or resident
  3. The child must be a qualified child or a special needs child, below 18 or physically or mentally incapable

The credit limit is reduced for adopting parents with adjusted gross income is between $170,820 and $210,820. The credit cannot be claimed by those whose AGI is $210,820 or more.

Credits are claimed the year after the expenses were incurred or the adoption became final, whichever came first, and may also be claimed for more than 1 year.

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