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February 23, 2024
Question

If I am in the process of adopting. Do I qualify for the adoption credit even though it has not been finalized ?

  • February 23, 2024
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February 23, 2024

Yes and no. You aren't eligible for a tax credit for 2023, but your 2023 expenses will probably be eligible for a credit on your 2024 tax return.  According to the IRS:

 

The tax year for which you can claim the credit depends on the following:

  • When the expenses are paid;
  • Whether it's a domestic adoption or a foreign adoption; and
  • When, if ever, the adoption was finalized.

Generally, the credit is allowable whether the adoption is domestic or foreign. However, the timing rules for claiming the credit for qualified adoption expenses differ, depending on the type of adoption.

  • domestic adoption is the adoption of a U.S. child (an eligible child who is a citizen or resident of the U.S. or its territories before the adoption effort begins). Qualified adoption expenses paid before the year the adoption becomes final are allowable as a credit for the tax year following the year of payment (even if the adoption is never finalized and even if an eligible child was never identified).
  • foreign adoption is the adoption of an eligible child who isn't yet a citizen or resident of the U.S. or its territories before the adoption effort begins. Qualified adoption expenses paid before and during the year are allowable as a credit for the year when it becomes final.

Once an adoption becomes final, and subject to the dollar limitation, qualified adoption expenses paid during or after the year of finality are allowable as a credit for the year of payment, whether the adoption is foreign or domestic.

As a result of the timing rules, qualified adoption expenses allowable in the current year may include expenses paid in a former year or years. Example 4 illustrates the difference between the domestic and the foreign timing rules.

 

For more information see  IRS Topic 607, Adoption credit and adoption assistance programs  and

 

The TurboTax Help Article New Addition: Adoption Tax Credits

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