Texas Adoptions

A guide for families and legal professionals

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Tax Credits
What about tax credits?

The most important thing to understand about the adoption tax credit is that it is a credit not a deduction. A credit is a dollar for dollar reduction in the amount of federal taxes owed for the year. This credit is allowable for such adoption expenses as:
  • Adoption fees (agency fees)
  • Traveling expenses (including meals & lodging)
  • Court costs
  • Attorney fees

These documented expenses can be used as a credit against taxes owed up to a total of $10,000 for those making $150,000 or less per year. The credit must be taken for the year in which the adoption was finalized if it is an international placement. The credit phases out over the income range $150,000 to $190,000. At $190,000 the credit is not allowed.


What if you have expenses of over $10,000 for the adoption and yet owe less than $10,000 in federal income taxes?

This credit operates by allowing you to subtract credit amounts or adoption expenses from your otherwise owed tax bill, but if these credits bring your taxes owed down to zero and you still have credit remaining, the unused amount can be applied to up to 5 future tax years or until it is all used (which ever comes first)!

If you have taxes withheld and owe no taxes as a result of the credit, of course, you will receive a full refund from the IRS up to $10,000. It is important to remember that this credit begins to phase out for incomes of $150,000 or more.

The adoption tax credit is allowed against the alternative minimum tax on a permanent basis. Be sure to discuss your particular tax and financial situation with a qualified tax professional as you begin exploring the adoption process. This will help maximize the tax savings to you.


Some companies provide up to $6,000 in adoption assistance.  In most cases, the company adoption assistance is treated as nontaxable income. If your total adoption expenses are 10,000 or less, please note that nontaxed adoption assistance program will reduce by the same amount the available tax credit.

On the other hand, if your expenses were over $10,000, the corporate adoption benefit would apply to that amount over $10,000, thereby allowing the credit to be taken concurrently.


Can the Tax Credit and my company adoption benefit work together to help me reduce my actual cost to adopt?

Yes.  Some companies also offer special paid leave for time away to complete an overseas adoption. 

Is there any kind of benefit for active military?

Yes! Active duty personnel are eligible for a one-time subsidy of up to $2,000 per child and a maximum of $5,000 for sibling groups.

What is the Federal Title IV adoption assistance program?

This is a federal/state reimbursement program for both domestic and qualifying special needs international adoption expenses. Each state manages this program in its own manner, but in most cases the department that handles child protective services is the designated agency. If a family is adopting an identified international special needs child for whom no family could be found, there can be a reimbursement of up to $2,000 for one-time expenses. In Texas, the maximum is $1,500. It is important to file an adoption assistance agreement in advance of the placement.

What form is necessary to claim the adoption tax credit?

You will need to have Form 8839 to add with your 1040 or 1040A. It is also important to have copies of your adoption expense receipts should your tax preparer need them.