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My husband and I are just beginning the adoption process and I know the adoption tax credit was extended through the end of 2010. However, if we are adopting domestically is the tax credit only good if we finalize by December 31,2010? I'm a little worried because say we had a quick placement and were placed with a child in June of 2010 but it takes 6 months to finalize...I'm guessing we would barely make the cut off? Or say it was July of 2010 when we were placed...would this mean we would miss the credit because the finalization would probably not occur until Jan of 2011?? I am really worried about this. I tried to call the IRS but they said they cannot tell me how the rules will be for 2010 until later in the year. Does anyone know how this works?? Also, do some international adoptions finalize out of the US in the individual country? I'm wondering if this would help or not if we adopted internationally? Thanks!
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In order to benefit from the Adoption Tax Credit (or any tax credit, honestly), you must fulfil the requirements of the credit during the time the credit is active.
There are two time periods given in the Adoption Tax Credit law for claiming expenses (for a domestic adoption). One provision allows parents to claim expenses in the year the adoption was finalized. The other allows parents to claim expenses in the year after the expense was paid regardless of whether the adoption is finalized yet.
Obviously if you intend to claim expenses in the year the adoption was finalized, you must finalize before the credit expires.
But what is still in doubt is whether expenses incurred while the law was active - but claimed after the law was expired - will be allowed. Meaning, if the law is in effect in year A, but expires at the end of it, and you have expenses in year A but don't finalize until year B - can you claim those expenses on year B's taxes? You certainly could do so if the law was still in effect in year B, but whether you can when the law expires at the end of year A is what we do not yet know. And we won't know until it is upon us and the IRS releases the forms and Q&As for that year.
I doubt that attempting to adopt internationally will be of any benefit to you. International adoption tends to take just as long - sometimes longer - than domestic adoption does. In domestic adoption you possibly could be matched as soon as you have a completed homestudy, and the baby could be born already or in a matter of weeks, and you could take the child home immediately and finalize in the typically-required 6 months.
However, in an international adoption, you have to wait for much more paperwork to be done after the completion of the homestudy, which adds time. Then you have to wait for the country to match you with a child, which in most countries takes a few months. Then you have to wait for court dates in that country a few months after that, and then embassy dates, and visa dates, etc, etc, etc. Yes, the adoption is usually finalized in the other country, and that finalization is accepted here - but that doesn't mean it happens any faster.
To anyone beginning the adoption journey now, I'd have to say your best bet to being certain to qualify for the adoption tax credit is to contact your congressperson and convince him/her to vote for further extension of the credit.
Hope you got some good information from this. Post back if you still have any questions!
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