1. Credit or Exclusion. The
credit is nonrefundable. This means that the credit may reduce your tax to zero.
If the credit is more than your tax, you can’t get any additional amount as a
refund. If your employer helped pay for the adoption through a written qualified
adoption assistance program, you may qualify to exclude that amount from
tax.
2. Maximum Benefit. The maximum
adoption tax credit and exclusion for 2015 is $13,400 per child.
3. Credit Carryover. If your
credit is more than your tax, you can carry any unused credit forward. This
means that if you have an unused credit in 2015, you can use it to reduce your
taxes for 2016. You can do this for up to five years, or until you fully use the
credit, whichever comes first.
4. Eligible Child. An eligible
child is an individual under age 18 or a person who is physically or mentally
unable to care for themself.
5. Qualified Expenses. Adoption
expenses must be directly related to the adoption of the child and be reasonable
and necessary. Types of expenses that can qualify include adoption fees, court
costs, attorney fees and travel.
6. Domestic or Foreign Adoptions.
In most cases, you can claim the credit whether the adoption is domestic or
foreign. However, the timing rules for which expenses to include differ between
the two types of adoption.
7. Special Needs Child. If you
adopted an eligible U.S. child with special needs and the adoption is final, a
special rule applies. You may be able to take the tax credit even if you didn't
pay any qualified adoption expenses.
8. No Double Benefit. Depending
on the adoption’s cost, you may be able to claim both the tax credit and the
exclusion. However, you can’t claim both a credit and exclusion for the same
expenses. This rule prevents you from claiming both tax benefits for the same
expense.
9. Income Limits. The credit and
exclusion are subject to income limitations. The limits may reduce or eliminate
the amount you can claim depending on the amount of your income.
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