Drake Tax - 8839: Adoption Credit
Article #: 11814
Last Updated: October 21, 2024
The Adoption Credit is a non-refundable credit. Form 8839 can be e-filed. Filing status must be MFJ, S, HOH, QW; or MFS if the spouse did not live with the taxpayer for last six months of tax year and other conditions are met.
If the child adopted has special needs, the credit may be available even if there were no adoption expenses in the tax year.
Note The maximum amount is reduced by any employer-paid benefits.
Data Entry
Use screen 8839 to enter details related to adoption expenses and the credit. For screen 8839, line 3 the IRS Instructions state:
"If you filed Form 8839 for a prior year for the same child, enter on line 3 the total of the amounts shown on lines 3 and 6 (or corresponding line) of the last form you filed for the child."
For line 5, review the F1 Field Help, before entering an amount.
Important The software takes the Adoption Credit into account before the Child Tax Credit per the Line 11 Worksheet.
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This worksheet is found in Publication 972 and may determine if the Child Tax Credit will be used before the other credits to reduce tax.
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In Drake Tax, review worksheet Wks 8812.PG2, which is the Line 11 Worksheet.
Review the Form 8839 Instructions when preparing Form 8839.
Limits
There are limits and phase out ranges depending on income:
| Year | Maximum Credit | MAGI must be less than... | Phase out range |
|---|---|---|---|
| 2023 | $15,950 | $279,230 | $239,231 - $279,229 |
| 2022 | $14,890 | $263,410 | $223,411 - $263,409 |
| 2021 | $14,400 | $256,660 | $216,661 - $256,659 |
| 2020 | $14,300 | $254,520 | $214,521 - $254,519 |
| 2019 | $14,080 | $251,160 | $211,161 - $251,159 |
| 2018 | $13,810 | $247,140 | $207,141 - $247,139 |
| 2017 | $13,570 | $243,540 | $203,540 - $241,539 |
| 2016 | $13,460 | $241,920 | $201,920 - $241,919 |
| 2015 | $13,400 | $241,010 | $201,011 - $241,009 |
| 2014 | $13,190 | $237,880 | $197,880 - $237,879 |
Filing status must be MFJ, S, HOH, QW; or MFS if the spouse did not live with the taxpayer for last six months of tax year and other conditions are met.
If the child adopted has special needs, the credit may be available even if there were no adoption expenses in the tax year.
The maximum amount is reduced by any employer-paid benefits.
Special Needs
In the case of an adoption of a child with special needs that became final in the current tax year, a full credit is allowed regardless of expenses. The allowable credit for a tax year is phased out for higher-income taxpayers.
If the adopted child is a special-needs adoption, go to the 8839 screen and make the appropriate selection from the drop list for the box Child with special needs. If the adoption became final in the current tax year, select F – Adoption was finalized in current tax year in the drop list, and enter the full credit (less expenses for the child claimed in a prior year) on line 5, even if your qualified adoption expenses were less than the maximum credit and even if you did not have any qualified adoption expenses. For other years, select X - Carryover year or year prior to adoption being final in the drop list.
Unsuccessful Adoption Expenses
If the taxpayer incurred expenses while attempting to adopt a child, but the adoption was not finalized (and there is no name to enter on screen 8839), the return will need to be paper-filed (EF Message 5629). IRS regulations permit partial entries related to the identity of the child sought to be adopted, but if the name is not entered,