tag:blogger.com,1999:blog-8496480252330157217.post6712774169408228287..comments2023-10-03T06:56:56.354-07:00Comments on Need IRS Help?: Adoption Credit on Your TaxesUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8496480252330157217.post-1067088283604188332009-02-26T20:23:00.000-08:002009-02-26T20:23:00.000-08:00I am wondering, with so many foreign adoptions tak...I am wondering, with so many foreign adoptions taking more than two years, if there's any hope for claiming expenses from 2 years prior? I know you can claim back one year, but I cannot find any info on "what about lengthy adoption processes?" So, have you heard anything or do you know anything?Rob and Annehttps://www.blogger.com/profile/18204855824460700562noreply@blogger.comtag:blogger.com,1999:blog-8496480252330157217.post-44929731249664526922009-01-20T07:11:00.000-08:002009-01-20T07:11:00.000-08:00It's very interesting how the IRS has interpreted ...It's very interesting how the IRS has interpreted the statute in the instructions to Form 8839. They say expenses incurred in previous unsuccessful attempts to adopt (assuming domestic adoption, since there's no credit available for unsuccessful international adoptions) count against your credit limit once you have a successful adoption.<BR/><BR/>Section 23, on the other hand, says that the credit limit applies on a per-child basis. So if you attempt to adopt one child, are unsuccessful, and then ultimately successfully adopt a second (i.e., different) child, it would seem to me you would be able to claim two separate credit limitations - one for each child.<BR/><BR/>Also interesting is that the IRS has pulled Publication 968, which used to address this situation in detail (using the IRS position that you would get only one credit for the above example).<BR/><BR/>Treasury has not issued any regulations on Sections 23 or 137 to flesh out their reasoning on this. I know there are plenty of folks who have this same basic fact pattern and wonder what to do.Vinnyhttps://www.blogger.com/profile/18264970768938109717noreply@blogger.com