IRS Form 8839: Qualified Adoption Expenses

Adoption expenses are those which meet certain criteria and include those incurred to adopt a kid under the age of 18 or a disabled person who needs care. Qualified adoption […]

Adoption expenses are those which meet certain criteria and include those incurred to adopt a kid under the age of 18 or a disabled person who needs care. Qualified adoption expenses (QAE) are expenses that can be used to claim an adoption credit or exclusion that lowers the adopting parent’s taxable income in the United States. They are defined as reasonable and necessary by the Internal Revenue Service (IRS).

Taxpayers who adopt a child who meets the criteria may be eligible for an adoption tax credit. A taxpayer can claim the adoption credit if they paid qualified adoption-related expenses for a child who qualifies.

If you meet certain criteria, the Internal Revenue Service will let you claim a credit against your tax bill for certain adoption-related expenses. You must submit IRS Form 8839 in order to report your qualifying adoption expenses.

What is IRS Form 8839

As long as you meet certain qualifying standards, the Internal Revenue Service enables you to use a credit for your qualified adoption expenses as a way to reduce your tax obligation. You must submit IRS Form 8839 in order to report your qualifying adoption expenses.

The information needed to claim the adoption credit on their federal tax returns which is submitted on IRS form 8839 by eligible taxpayers. The first and last names, birth date, and tax identification number of the adopted child must be provided by the taxpayer. They must also mention the child’s specific needs and place of birth.

Taxpayers with modified adjusted gross incomes above a specific cap no longer qualify for the QAE tax benefit. Any fees paid or reimbursed by a company, government agency, or other entity are not eligible for the adoption tax credit. A spouse’s child adoption is likewise not eligible for the credit.

Even if the adoption has not yet been finalized or was done in a different tax year, if you paid qualified adoption expenses to adopt a child who is a U.S. resident or citizen, you might be entitled for the credit. If you spent money to adopt a child from abroad, you can also be eligible for the credit.

Key Features of Qualified Adoption Expenses

Based on the taxpayer’s qualified costs, Form 8839 is used to determine the eligible child’s permitted credit. Following are the key features which help you in understanding IRS Form 8839:

  • The adoption tax credit is available to you if you paid approved adoption costs to adopt a child that is up to a maximum of $14,890 per child.
  • The adoption tax credit can lower your tax obligation, but you cannot get a refund for the excess of the credit above your obligation.
  • Any unspent credit balance may be carried over for up to five years if it is not used in full during the current tax year.
  • The adoption tax credit phases off when your modified AGI exceeds $223,410 and is fully eliminated when it surpasses $263,410.

Eligibility for Qualified Adoption Expenses

Even if the adoption has not been finalized or was done in a different tax year but if you paid qualified adoption expenses to adopt a child who is a resident or citizen of the United States then you may be entitled for the credit. If you spent money for an international adoption, you might also be eligible for the credit. Additionally, if you adopt a child with special needs, there are certain guidelines for claiming the credit on Form 8839.

The Maximum Credit Per Child for 2022 is $14,890. There is no refund for the adoption tax credit. This means that your total tax must be at least equal to your credit in order to have full benefit from the credit. The most you can save on taxes is $10,000, for instance if your total taxable income for the year is under $10,000 and you spend $14,000 on eligible adoption costs. Any unused portion of the credit can be carried forward for a maximum of five years for reducing your all upcoming taxes.

Your eligibility for the credit decreases after a specific point as your income increases. For the tax year 2022, you are eligible for the entire credit if your modified adjusted gross income is $223,410 or less then it. As your income rises, the credit diminishes gradually until it is entirely gone at $263,410 in income. The credit can only be used by married couples who do not file it jointly, and there are further limits.

Adoption Credit

Adopting a kid may be incredibly expensive, as anyone who has done so will attest. If you fulfill certain eligibility standards, the tax laws permit you to use a credit for your eligible adoption expenses to reduce your tax obligation. You must submit IRS Form 8839 in order to report your qualifying adoption expenses.

Expenses for Qualified Adoption

It is very important for you to become familiar with the types of expenses. The IRS accepts as qualified before you start filling out Form 8839 with your qualifying adoption expenses. Amounts incurred for an adoption that qualify are:

  • The Money you Spend on an Adoption Agency is Services to make the Adoption Process Easier.
  • Paying an Attorney is a Legal Fee.
  • Expenses related to the Adoption of a Child from Abroad, Including Court Fees and re-Adoption Costs.

Cost for food and lodging when travelling away from home is also allowable as required travel expenses. Remember, too, that you cannot include any reimbursements from your job, payments paid to a surrogate mother, or any costs associated with adopting your spouse’s child.

Adoption-related expenses are that which are reasonable, necessary, and directly related to the legal adoption of a child who qualifies the considered qualified expenses.

Included in qualified adoption costs are:

  • Cost of Adoption
  • Legal costs
  • Legal Fees
  • Expenses Associated with Travel, including Hotel and Meals While Away from Home.
  • Expenses for a Second Adoption in Connection with Adopting a kid From Abroad.

Involved in Qualified Adoption Expenditures are not the following:

  • That you Paid for using Money from a State, Local, or Federal Program.
  • They are Illegal under State or Federal Law.
  • In Order to Implement a Surrogate Parenting Arrangement.
  • For the Adoption of the kid from Your Spouse.
  • Paid or Repaid by Your Employer, Another Party, or Any Other Business.
  • Any other Part of Federal Income Tax Law that Permits it as a Credit or Deduction.

Children Who Qualify are:

  • If the Child Turned 18 During the Year, He or She is still Considered a Child for the Portion of the Year in Which they Were under 18.
  • Any Disable Person Who is Unable of Caring for Himself due to Physical or Mental Impairment.

The term child with special needs refers to a U.S. citizen or resident whose state has concluded is unlikely to be adopted absent adoption aid due to the kid’s age, ethnic background, and medical condition, membership in a minority or sibling group, among other factors.

Being a nonrefundable credit, the adoption credit’s value is capped at the taxpayer’s yearly tax due. Any remaining credit may be carried over for a maximum of five years.

Adopting a Child Who is an American Citizen or Resident

  • If qualifying costs are paid in a year before the adoption is finalized, the adoption credit is applied in the year in which the qualifying costs were paid.
  • When qualifying costs are paid in the year that the adoption is finalized, the adoption credit is applied to that year’s tax return.
  • If necessary costs are paid in a year after the adoption is finalized, the adoption credit is applied to that year’s income.

Taking in a Child from Abroad

  • If necessary costs were paid in a year before the adoption was finalized, the adoption credit was applied in that year.
  • When qualifying costs are paid in the year that the adoption is finalized, the adoption credit is applied to that year’s tax return.
  • If necessary costs are paid in a year after the adoption is finalized, the adoption credit is applied to that year’s income.

How to File Adoption Credit – Form 8839

The information about the adopted children is entered in Part I, the adoption credit amount is calculated in Part II, and the information about any employer-provided adoption benefits is entered in Part III once you calculated your qualified adoption expenses.

Fill out Form 8839, Qualified Adoption Expenses, on Your Computer

Choose from the Tax Return main Menu is the following:

  • Adoption Credit Credits Menu of Form 8839.
  • Information on the eligible child if you want to edit an entry, double-click it and then choose New.
  • Entre the name, birth date, and the identification number of the child who qualifies (SSN or ATIN). For the relevant additional menu items, choose Yes or No.
  • Enter the Qualified Adoption Expenses for the eligible child’s adoption from the previous and current years. Enter the maximum exclusion amount for the current year if a kid with special needs had adoption fees paid for them and the adoption became final during the current year.
  • Input Employer Provided Adoption Benefits from the previous and current years.

Complete Form 8839, Qualified Adoption Expenses

Select from the Tax Return Summary page of Form 1040.

  • Federal Section
  • Deductions
  • Credits Menu
  • Adoption Credit Form 8839
  • Enter the name, birth date, and identification number of the eligible child (SSN or ATIN). Check the appropriate other menu items in each box.
  • Enter the qualified adoption costs that were paid in the current year as well as previous years to adopt the eligible child. Enter the maximum exclusion amount for the current year if the adoption costs for a child with special needs were paid and the adoption was finalized during the current year.
  • Add up the Employer Provided Adoption Benefits you’ve gotten this year and in previous years. If benefits were obtained the previous year, check the corresponding item.

Certain expenses incurred through the adoption of a child may be used to offset the taxpayer’s taxable income and, as a result, lower their federal income tax obligation. The expenditures can be incurred and written off before the adoption, provided they are reasonable and required for the adoption. The deductibility of these expenses is constrained by your income and is reported on Form 8839.

This article explains how to enter data into the Tax Slayer Pro program that is required for Form 8839. It is not intended to provide tax advice. Let a professional handle your taxes from beginning to end with us; we offer live full service. You may work with us to get your taxes done correctly and with professionals by your side. Utilize our knowledge to confidently file your own taxes. We’ll give you the confidence you need to file your taxes. Regardless of your decision, you will receive the greatest return possible.


Frequently Asked Questions

When Can an Adopted Child Be Claim on Taxes?

An adopted kid may be claimed after the adoption who has been formally finalized, which is provided to meet all requirements to be so claimed. When a child is lawfully adopted, the IRS treats them both equally.

Do Special Needs Children Have Special Adoption Expenses?

Taxpayers who adopt a kid with special needs are typically qualified for the full credit amount in the year the adoption is finalized. This maximum amount remains subject to MAGI regulations and is still diminished by eligible adoption expenditures that were claimed in past years.

Can I Reimburse Qualified Adoption Expenses for an Adoptee Who is Older Than 18?

According to the IRS, an eligible kid for qualified adoption expenses must be less than the age of 18. The adoptee must be incapable of caring for them either physically or mentally in order for this age restriction to be waived.

What is the Exclusion for Qualified Adoption Expenses?

The IRS also strongly forbids the inclusion of a number of adoption-related expenses in the list of qualifying adoption expenses. For instance, a taxpayer’s fees for adopting their spouse’s child are expressly excluded from qualifying adoption expenses.

Additionally, there are rules governing the timing of when the credit may be used based on when the spending happens. A single adoption Endeavour for which a credit has already been claimed is also subject to dollar limits.

Are Qualified Adoption Expenses Allowable for Same-Sex Couples?

Yes, Charges incurred by a domestic partner residing in a state that recognizes the same-sex adoption as a legal and are considered eligible adoption expenses.

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