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Kristin Frank

Can I Amend Form 8839 for Adoption Expenses Found After Filing Without Changing Form 1040?

We completed two adoptions in 2021 and 2022, and filed Form 8839 for both years. We had a 2021 credit carryforward that we applied to our 2022 taxes (so we included Form 8839 with that return). In 2022, we finalized a third adoption, but I couldn't find the receipt for the legal fees at tax time, so I put $0 for expenses for this adoption on our 2022 Form 8839 (I still filled out Part I with all the adoption details, and the form showed our credit carryforward from 2021). While getting stuff together for our 2023 taxes, I found the missing invoice for the 2022 adoption! Here's the thing - adding these expenses wouldn't change anything on our 2022 Form 1040 - all the numbers would stay exactly the same. But it would increase our credit carryforward for future tax years. Is there a way to amend just our 2022 Form 8839 without changing anything else on our tax return so we can use this additional credit carryforward in the coming years? Do I need to file a complete 1040X or is there some simpler approach since none of the actual 1040 numbers would change?

You can absolutely amend your 2022 return to include those adoption expenses! Even though it won't change your 2022 tax liability, updating your Form 8839 is important because it affects your credit carryforward for future years. You will need to file Form 1040X (Amended Return), but it's simpler than you might think. You'll check box "B" for "Amount of credit from Form 8839" and attach a new, corrected Form 8839 showing the additional expenses. In Part III of Form 1040X, explain that you're amending only to report additional qualified adoption expenses that were overlooked when you originally filed, and that this amendment doesn't change your tax liability for 2022 but does affect your credit carryforward for future years. You generally have 3 years from the original filing date to amend, so you're well within the timeframe. Just make sure your new Form 8839 is complete and accurate with all the adoption information from your original form plus the newly discovered expenses.

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Thanks for this! Two follow-up questions: 1) Do I need to include my entire tax return or just the 1040X and new 8839? 2) Can I file this amendment electronically or does it have to be paper?

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You only need to submit Form 1040X, the corrected Form 8839, and any other forms or schedules directly affected by the change. You don't need to include your entire original return. For electronic filing, good news! The IRS now allows electronic filing of Form 1040X for tax years 2019 and later, so you should be able to e-file this amendment through most tax software. However, some tax software may have limitations, so check with your provider first. If you need to paper file, send it to the same IRS address where you sent your original return.

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After going through a similar situation last year, I found https://taxr.ai incredibly helpful with my amended return. I had adoption credits spanning multiple years and wasn't sure how to document everything properly. Their system analyzed my previous returns and made sure I was amending exactly what needed to be changed without creating inconsistencies. Super helpful since adoption credits can get pretty complicated with carryforwards.

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Does taxr.ai actually handle Form 8839 specifically? I've tried other tax help services before and they tend to be clueless about adoption tax credits.

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I'm curious about this too. Is it just for reviewing forms or do they actually give advice on what you should claim? My accountant charged me $350 just to amend my Form 8839 last year and I'm wondering if this would be a cheaper option.

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Yes, they handle Form 8839 specifically - I uploaded my previous returns and it identified all the adoption-related forms and details. The system flagged potential issues with my carryforward calculations that I hadn't even noticed. For your question about advice, they provide analysis rather than telling you exactly what to claim, but they clearly highlight potential issues and opportunities based on the documents you upload. It saved me from making mistakes that would have triggered an amended return on top of an amended return!

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Just wanted to follow up - I tried taxr.ai after seeing it mentioned here and it was exactly what I needed! I uploaded my 2022 return with the original Form 8839 and then the invoice I found. The system immediately showed me how to properly document the amendment and even explained how the carryforward would work for future years. It predicted exactly how much additional credit I'd be able to use in 2023 and 2024. Way better than the confusing advice my accountant gave me last time, and it took like 15 minutes total.

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If you're worried about your amendment being processed correctly, I'd recommend using https://claimyr.com to actually speak with an IRS agent about this specific situation before filing. I had a mess with my adoption credits last year and spent WEEKS trying to get through to the IRS on my own. Claimyr got me connected to an agent in about 20 minutes who confirmed exactly how to handle my amendment. You can see how it works here: https://youtu.be/_kiP6q8DX5c - totally changed my perspective on dealing with the IRS.

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How does this actually work? The IRS phone lines are always busy when I call. Does this service have some special way to get through?

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This sounds like snake oil to me. You're telling me some random service can get through to the IRS when nobody else can? I've tried calling 15+ times this year and always hit dead ends.

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It uses an automated system that continuously navigates the IRS phone tree and holds your place in line. When an agent is about to answer, you get a call connecting you directly to them. No need to sit on hold for hours or repeatedly call back. I was skeptical too! I had already tried calling multiple times before giving up. The difference is their system can wait on hold for you through all the transfers and hold music. When I used it, I went about my day and got a call back when an actual agent was on the line ready to help with my adoption credit questions.

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I'm eating my words right now. After posting my skeptical comment earlier, I decided to try Claimyr anyway out of desperation. I've been trying to get answers about my adoption credit carryforward for MONTHS. I used the service this morning, and I got a call back in about 45 minutes connecting me directly to an IRS agent who specialized in tax credits. She walked me through exactly how to amend my Form 8839 to capture the expenses I'd missed and explained how it would affect my future returns. Worth every penny just to finally get a straight answer!

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I'm eating my words right now. After posting my skeptical comment earlier, I decided to try Claimyr anyway out of desperation. I've been trying to get answers about my adoption credit carryforward for MONTHS. I used the service this morning, and I got a call back in about 45 minutes connecting me directly to an IRS agent who specialized in tax credits. She walked me through exactly how to amend my Form 8839 to capture the

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One important thing to remember about Form 8839 amendments: make sure you're keeping track of which expenses you're claiming in which tax year. I got audited because I accidentally claimed the same adoption expenses on both my 2021 and 2022 returns (I had finalization in one year and expenses in both). The IRS was actually pretty reasonable about it, but it was stressful.

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Thank you for mentioning this! That's a good point. I'm being careful to only claim the attorney fees that were paid in 2022 (the same year as the finalization) for this particular adoption. I've kept all my Form 8839s from previous years so I can double-check that I'm not duplicating anything. Did you have to pay penalties when you were audited?

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I didn't have to pay penalties because they determined it was an honest mistake. I just had to repay the part of the credit I had incorrectly received, plus interest. The agent handling my case was actually familiar with adoption credits and understood the confusion. I recommend creating a spreadsheet with columns for each adoption, each expense, date paid, and which tax year you claimed it in. That's what I do now, and it saves me so much stress at tax time!

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For anyone dealing with adoption credit amendments, keep in mind the IRS has increased scrutiny on these forms because of past abuse. When I amended my 8839, I included a cover letter explaining exactly what changed and why, plus copies of all documentation (court papers showing finalization dates, receipts for expenses, etc). My amendment was processed without any questions.

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What software did you use to file your amendment? I'm trying to figure out if TurboTax can handle this.

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