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New Member
posted Apr 24, 2024 4:54:30 PM

Ladoption Tax Credit Question

If I received assistance through a non profit, can I no longer claim the adoption tax credit?

0 4 8651
4 Replies
Expert Alumni
Apr 24, 2024 4:56:46 PM

It depends on if you claimed a Special Needs Child or not.

 

A child has special needs for purpose of the adoption expenses if: 

  1. The child is a citizen or resident of the United States or its possessions when the adoption effort began; 
  2. A state determines that the child can't or shouldn't be returned to his or her parent's home; and 
  3. The state determines that the child probably won't be adoptable without assistance provided to the adoptive family. 

Don't confuse "children with special needs" for purposes of the adoption credit with the definitions of "children with special needs" for other purposes. Foreign children aren't considered to have special needs for purposes of the adoption credit. Even U.S. children who have disabilities may not have special needs for purposes of the adoption credit. Generally, "special needs adoptions" are the adoptions of children whom the state's child welfare agency considers difficult to place for adoption

 

The credit is nonrefundable, which means it's limited to your tax liability for the year. However, any credit in excess of your tax liability may be carried forward for up to five years.  

For more information please check Adoption Credit  

New Member
Apr 24, 2024 5:01:40 PM

So if the child does not have special needs, you can’t claim the adoption credit if you received assistance from a non profit? Just wanted to be sure! 

Expert Alumni
Apr 24, 2024 5:03:12 PM

Correct. Unless you have out of pocket expenses.

New Member
Apr 24, 2024 5:18:11 PM

Got it! We have some expenses, but most have been reimbursed through the non profit. Thank you!