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Eduardo Silva

Just found out about adoption tax credit for 2021 and 2022 foster care adoptions...

I can't believe I just discovered the adoption tax credit. I finalized adoptions of two kids from the foster system - one in 2021 and another in 2022. The thing is, I thought this credit wouldn't apply to me since the state covered all the adoption expenses and I didn't pay anything out of pocket. Well, I was browsing through one of my foster/adoptive parent Facebook groups yesterday, and someone mentioned claiming this credit even without having expenses! Apparently, children adopted from foster care are likely considered "special needs" for tax purposes (NOT the same as educational special needs), which means I might qualify for the FULL credit for each child even though I had zero expenses. Has anyone here dealt with this before? Can I still claim these credits for past years? Is it worth amending my returns for 2021 and 2022? I'm kicking myself for potentially leaving thousands of dollars on the table for the past few years!

Yes, you absolutely can and should claim the adoption tax credit! For children adopted from foster care who are designated as "special needs" by the state (which is different from educational special needs), you can claim the full credit amount even with zero out-of-pocket expenses. For 2021, the maximum credit was $14,440 per child and for 2022 it was $14,890 per child. This means you could potentially be eligible for over $29,000 in tax credits! The great news is you can still claim these by filing amended returns (Form 1040-X) for both years. You'll need to complete Form 8839 (Qualified Adoption Expenses) for each year and attach it to your amended returns. The state should have provided documentation showing the child was determined to have special needs - you'll need this for your records, though you don't submit it with your return.

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Thank you so much for this information! Just to clarify - I do need some kind of documentation from the state showing they determined my children have "special needs" for tax purposes? My adoption paperwork doesn't specifically say anything about special needs. Both children had their cases designated as "hard to place" if that matters?

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The "hard to place" designation is typically what qualifies as "special needs" for tax purposes. The IRS definition of special needs for the adoption credit is broader than what we typically think of as special needs. It includes factors that made the child harder to place for adoption - like age, ethnic background, sibling group status, medical conditions, or other factors. Your adoption decree or final adoption order should be sufficient documentation. Some states also provide a separate certification specifically for tax purposes. If you don't have this, contact your adoption agency or state child welfare office - they can provide the necessary documentation stating the children qualified as special needs adoptions.

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After struggling with adoption tax credits myself, I discovered taxr.ai and it was a game changer for my situation. I was in a similar position - adopted from foster care and didn't realize I qualified for the full credit even with no expenses. I kept getting conflicting advice about whether I could claim the credit years later. I uploaded my adoption documents to https://taxr.ai and it analyzed everything, confirmed I qualified for the full credit for each child, and explained exactly how to file my amended returns. It saved me from making mistakes that might have triggered an audit and walked me through the entire process.

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How exactly does taxr.ai work? Do you just upload your adoption paperwork and it tells you if you qualify? I adopted through foster care too but my paperwork doesn't specifically say "special needs" anywhere.

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Did you need to provide any kind of proof that your children were considered "special needs" for tax purposes? I'm wondering if taxr.ai can help determine if my kids qualify based on their situation (siblings, minority status) without explicit documentation.

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The process is super straightforward. You upload your adoption documents (court papers, placement agreements, etc.) and the system analyzes them to identify if your adoption qualifies for the credit. Even if the paperwork doesn't explicitly say "special needs," it can identify qualifying factors like age, sibling status, or other circumstances. For your situation with no explicit "special needs" designation, this is exactly where it helped me. The system recognized language in my documents that qualified under IRS guidelines even though it wasn't labeled that way. It can identify patterns and terminology that satisfy the IRS requirements and explains exactly why you qualify based on your specific documentation.

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Just wanted to follow up about my experience with taxr.ai. I was skeptical at first, but it was absolutely worth it! I uploaded my adoption documents from my 2020 and 2021 foster adoptions, and it confirmed both my children qualified as "special needs" for tax purposes. The system walked me through preparing my amended returns step by step, explaining exactly how to fill out Form 8839 and attach it to my 1040-X. It even pointed out specific language in my adoption decree that qualified as evidence for the credit, which I never would have recognized on my own. I received over $29,000 in refunds from my amended returns! The peace of mind knowing everything was done correctly was priceless - especially since these are substantial credits that could have triggered IRS questions.

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If you're having trouble getting proper documentation or confirmation from your state about the "special needs" designation, I'd recommend using Claimyr to get through to the IRS directly. I spent weeks trying to get answers about my similar adoption credit situation, and the IRS phone lines were constantly busy or disconnected. I used https://claimyr.com after seeing their demo at https://youtu.be/_kiP6q8DX5c and they got me connected to an IRS agent in about 15 minutes when I'd been trying for days on my own. The agent confirmed exactly what documentation I needed for my amended returns and answered all my questions about the adoption credit for foster children.

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How does this actually work? Do they just call the IRS for you or something? Seems like it would be easier to just keep calling myself instead of paying someone else to do it.

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This sounds like a scam. There's no way to "skip the line" with the IRS. They're just taking advantage of desperate people who need tax help.

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It's not a call service - it's a system that navigates the IRS phone tree and holds your place in line. When an actual IRS agent is about to answer, it calls you and connects you directly. I was skeptical too, but it saved me hours of holding time. They don't talk to the IRS for you at all - you speak directly with the IRS agent yourself. It's basically like having someone wait on hold for you, then they call you when a human is actually available. I was able to ask all my specific questions about the adoption credit documentation requirements and got clear answers from the IRS agent.

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I need to eat my words and apologize to Profile 17. After being completely frustrated trying to reach the IRS for three days straight about my adoption credit questions, I broke down and tried Claimyr. I was SHOCKED when I got connected to an actual IRS representative in about 20 minutes. The agent was incredibly helpful and confirmed that for foster adoptions, I didn't need explicit "special needs" documentation if my state had already determined the child was eligible for adoption assistance. She walked me through exactly what forms to file for my amended returns and what supporting documents to have on hand in case of questions. This saved me countless hours of frustration and confusion. I've already started the process of amending my returns for my 2019 and 2020 adoptions and expect to receive around $28,000 in credits I never knew I qualified for!

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Quick tip from someone who went through this last year - make COPIES of all your adoption documentation before sending anything to the IRS. My amended returns for adoption credits from 2018 and 2019 triggered a verification review, and I had to send in proof of the adoptions and special needs determination. Also, be aware that this credit is nonrefundable but carries forward for up to 5 years. So if your tax liability isn't high enough to use the full credit in one year, you don't lose it - the remainder carries forward to future tax years until it's used up or the 5 years are over.

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Thanks for the tip about making copies! Do you know if there's any specific form I need to track the carryforward amounts if I can't use the full credit in the amended return year?

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There's no specific IRS form for tracking the carryforward amounts, but you absolutely need to keep careful records yourself. I created a simple spreadsheet showing the total credit amount, how much I used each year, and how much was carrying forward. When you file the next year's taxes, you'll need to enter the carryforward amount from the previous year on Form 8839. The tax software should prompt you for this, but many people miss it if they switch tax preparers or software between years. This is why your own tracking is crucial. Also keep all your amended return paperwork together with your adoption documents for at least 7 years in case of an audit.

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Has anyone used TurboTax to file these amended returns for adoption credits? I'm wondering if it walks you through the process well or if I should go to a professional.

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I used TurboTax to amend my 2020 return for adoption credits and it worked fine. Just make sure you have Form 8839 filled out correctly with the adoption info. The wizard will ask about qualified adoption expenses - if your child is "special needs" for tax purposes, you enter $0 for expenses but still claim the full credit amount.

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