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Form 8839 Instructions

Instructions for Form 8839, Qualified Adoption Expenses

Rev. 2023

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Department of the Treasury  
Internal Revenue Service  
2023  
Instructions for Form 8839  
Qualified Adoption Expenses  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
qualified adoption assistance program (see Employer-Provided  
Adoption Benefits, later) and any of the following statements are  
true.  
1. You received employer-provided adoption benefits in  
2023. However, special rules apply for benefits received in  
connection with the adoption of an eligible foreign child. See  
Column (e), later.  
What's New  
2023 maximum credit. The maximum credit and the exclusion  
for employer-provided benefits are both $15,950 per eligible  
child in 2023. This amount begins to phase out if you have  
modified adjusted gross income in excess of $239,230 and is  
completely phased out for modified adjusted gross income of  
$279,230 or more.  
2. You adopted an eligible U.S. child with special needs and  
the adoption became final in 2023.  
3. You received employer-provided adoption benefits in  
connection with the adoption of an eligible foreign child in:  
a. 2023 or prior years and the adoption became final in  
Future Developments  
2023, or  
For the latest information about developments related to Form  
8839 and its instructions, such as legislation enacted after they  
are published, go to IRS.gov/Form8839.  
b. 2023 and the adoption became final before 2023.  
See Column (e), later.  
For purposes of calculating the adoption credit in Part II,  
qualified adoption expenses don't include expenses reimbursed  
by an employer under a written qualified adoption assistance  
program (see Employer-Provided Adoption Benefits). For this  
reason, you must complete Form 8839, Part III, before you can  
figure the credit, if any, in Part II. But see Child with special  
needs.  
General Instructions  
Purpose of Form  
Use Form 8839 to figure your adoption credit and any  
employer-provided adoption benefits you can exclude from your  
income. You can claim both the exclusion and the credit for  
expenses of adopting an eligible child. For example, depending  
on the cost of the adoption, you may be able to exclude up to  
$15,950 from your income and also be able to claim a credit of  
up to $15,950. But, you can't claim both a credit and exclusion  
for the same expenses. See Qualified Adoption Expenses and  
You can't exclude employer-provided adoption benefits if  
your employer is an S corporation in which you own  
!
CAUTION  
more than 2% of the stock or stock with more than 2% of  
the voting power.  
Income limit. The income limit on the adoption credit or  
exclusion is based on modified adjusted gross income (MAGI).  
For 2023, use the following table to see if the income limit will  
affect your credit or exclusion.  
Adoption credit. Use Form 8839, Part II, to figure the adoption  
credit you can take on Schedule 3 (Form 1040), line 6c. You may  
be able to take this credit in 2023 if any of the following  
statements are true.  
IF your MAGI is...  
THEN the income limit...  
1. You paid qualified adoption expenses in connection with  
the adoption of an eligible U.S. child (including any expenses  
paid in connection with adopting an eligible U.S. child with  
special needs) in:  
$239,230 or less  
won't affect your credit or exclusion.  
will reduce your credit or exclusion.  
will eliminate your credit or exclusion.  
between $239,231 and $279,229  
$279,230 or more  
a. 2022 and the adoption wasn't final at the end of 2022, or  
b. 2023 and the adoption became final in or before 2023.  
2. You adopted an eligible U.S. child with special needs and  
the adoption became final in 2023. (In this case, you may be able  
to take the credit even if you didn't pay any qualified adoption  
expenses.)  
Definitions  
Eligible Child  
An eligible child is:  
Any child under age 18. If the child turned 18 during the year,  
3. You paid qualified adoption expenses in connection with  
the child is an eligible child for the part of the year they were  
under age 18.  
the adoption of an eligible foreign child in:  
a. 2023 or prior years and the adoption became final in  
2023, or  
Any disabled individual physically or mentally unable to take  
care of themselves.  
b. 2023 and the adoption became final before 2023.  
If you and another person (other than your spouse if  
See Column (e), later.  
filing jointly) adopted or tried to adopt an eligible U.S.  
!
4. You have a carryforward of an adoption credit from 2022.  
CAUTION  
child, see Line 2 (or Line 17, if applicable), before  
completing Part II (or Part III).  
Income exclusion for employer-provided adoption benefits.  
Use Form 8839, Part III, to figure the employer-provided  
adoption benefits you can exclude from your income on Form  
1040, 1040-SR, or 1040-NR, line 1f. You may be able to exclude  
these benefits from income if your employer had a written  
Sep 7, 2023  
Cat. No. 23077T  
Example 4. You paid $33,000 in qualified adoption expenses  
to adopt an eligible foreign child, and the adoption became final  
in 2023. Under a qualified adoption assistance program, your  
employer reimbursed you for $15,950 of those expenses. The  
$15,950 reimbursement may be excluded from your income. The  
remaining $17,050 of expenses ($33,000 - $15,950) continue to  
be qualified adoption expenses that are eligible for the credit.  
However, your credit is dollar-limited to $15,950. The remaining  
$1,100 ($33,000 - $15,950 - $15,950) may never be claimed as  
a credit or excluded from gross income.  
Qualified Adoption Expenses  
Qualified adoption expenses are reasonable and necessary  
expenses directly related to, and for the principal purpose of, the  
legal adoption of an eligible child.  
Qualified adoption expenses include:  
Adoption fees,  
Attorney fees,  
Court costs,  
Travel expenses (including meals and lodging) while away  
from home, and  
Who Can Take the Adoption Credit or  
Exclude Employer-Provided Adoption  
Benefits?  
Re-adoption expenses relating to the adoption of a foreign  
child.  
Qualified adoption expenses don't include expenses:  
For which you received funds under any state, local, or federal  
program;  
You may be able to take the credit or exclusion if all three of the  
following statements are true.  
That violate state or federal law;  
For carrying out a surrogate parenting arrangement;  
For the adoption of your spouse's child;  
1. Your filing status is single, head of household, qualifying  
surviving spouse, or married filing jointly. Generally, if you are  
married, you must file a joint return to take the credit or  
Reimbursed by your employer or otherwise; or  
Allowed as a credit or deduction under any other provision of  
exclusion. However, if you are married and aren't filing jointly, you  
may be able to take the credit or exclusion on your own return if  
you are considered unmarried because you are legally  
federal income tax law.  
Employer-Provided Adoption Benefits  
separated or living apart from your spouse and you meet certain  
other requirements. See Married Persons Not Filing Jointly.  
In most cases, employer-provided adoption benefits are  
amounts your employer paid directly to either you or a third party  
for qualified adoption expenses under a qualified adoption  
assistance program. But see Child with special needs.  
2. Your modified adjusted gross income (MAGI) is less than  
$279,230 or you have a carryforward of an adoption credit from  
2022. To figure your MAGI, see Line 7 (for the credit) or Line 23  
(for the exclusion).  
A qualified adoption assistance program is a separate written  
plan set up by an employer to provide adoption assistance to its  
employees. For more details, see Pub. 15-B.  
3. You report the required information about the eligible child  
in Part l.  
Employer-provided adoption benefits should be shown in  
box 12 of your Form(s) W-2 with code T. Your salary may have  
been reduced to pay these benefits. You may also be able to  
exclude amounts not shown in box 12 of your Form W-2 if all of  
the following apply.  
Married Persons Not Filing Jointly  
You may be able to take the credit or exclusion if all of the  
following apply.  
Statements (2) and (3) under Who Can Take the Adoption  
You adopted a child with special needs. See Column (d) for  
Credit or Exclude Employer-Provided Adoption Benefits are true.  
You lived apart from your spouse during the last 6 months of  
the definition of a child with special needs.  
The adoption became final in 2023.  
2023.  
Your employer had a written qualified adoption assistance  
The eligible child lived in your home more than half of 2023.  
program as described earlier.  
You provided over half the cost of keeping up your home.  
Additionally, a person who is filing separately may claim an  
The following examples help illustrate how qualified adoption  
expenses and employer-provided adoption benefits apply to the  
maximum adoption credit allowed.  
adoption credit carryforward from a prior year or years, provided  
that, if the person was married in the year in which the qualified  
adoption expenses first became allowable for the credit, the  
person filed a joint return for that year.  
Example 1. You paid $10,000 in qualified adoption expenses  
for the adoption of an eligible child. Under a qualified adoption  
assistance program, your employer reimbursed you for $4,000 of  
those expenses. The $4,000 reimbursement may be excluded  
from your income. However, because of your employer’s  
reimbursement, $4,000 of the expenses no longer meet the  
definition of qualified adoption expenses. As a result, your  
maximum adoption credit is limited to $6,000 ($10,000 - $4,000).  
When To Take the Credit or Exclusion  
When you can take the adoption credit or exclusion depends on  
whether the eligible child is a citizen or resident of the United  
States (including U.S. territories) at the time the adoption effort  
began (domestic adoption).  
Example 2. You paid $20,000 in qualified adoption expenses  
for the adoption of an eligible child, including $8,000 of legal  
fees. Under a qualified adoption assistance program, your  
employer reimbursed you the $8,000 of legal fees. The $8,000  
employer reimbursement may be excluded from your income.  
However, because of your employer’s reimbursement, $8,000 of  
your expenses no longer meet the definition of qualified adoption  
expenses. As a result, your maximum adoption credit is limited to  
$12,000 ($20,000 - $8,000).  
Child who is a U.S. citizen or resident (U.S. child). If the  
eligible child is a U.S. citizen or resident, you can take the  
adoption credit or exclusion even if the adoption never became  
final. Take the credit or exclusion as shown in the following table.  
Example 3. The facts are the same as in Example 2 except  
that instead of reimbursing you for the legal fees, your employer  
directly paid the $8,000 to the law firm. Your employer's payment  
of the legal fees produces the same result as the employer's  
reimbursement of the legal fees in Example 2 ($8,000 exclusion  
and $12,000 credit).  
-2-  
Instructions for Form 8839 (2023)  
     
#RP-2005-31, and Rev. Proc. 2010-31, 2010-40 I.R.B. 413,  
If your employer makes adoption assistance payments in a  
year before the adoption of a foreign child is final, you must  
include the payments in your income in the year of the payment.  
Then, on your return for the year the adoption becomes final, you  
can make an adjustment to take the exclusion.  
Domestic Adoption  
IF you pay  
THEN take the credit in...  
qualifying expenses in...  
any year before the year the  
adoption becomes final*  
the year after the year  
of the payment.  
the year the adoption becomes final the year the adoption  
becomes final.  
Your employer isn't required to withhold income tax on  
payments for qualifying expenses under an adoption  
!
CAUTION  
any year after the year the adoption the year of the payment.  
becomes final  
assistance program. If you must include the payments in  
income in the year paid because your adoption of a foreign child  
isn't final, your withholding may not be enough to cover the tax  
on those payments. You may need to give your employer a new  
Form W-4 to adjust your withholding or make estimated tax  
payments to avoid a penalty for underpayment of estimated tax.  
IF your employer pays for  
qualifying expenses under an  
adoption assistance program  
in...  
THEN take the  
exclusion in...  
any year  
the year of the payment.  
Specific Instructions  
*In the case of a U.S. child, an adoption credit may be allowable for an  
attempted or unsuccessful adoption, as well as for an adoption that isn't  
final. See the instructions for Line 1 and Line 5 for additional information.  
Part I—Information About Your  
Eligible Child or Children  
Line 1  
Child with special needs. If you adopt a U.S. child with special  
needs, you may be able to exclude up to $15,950 and claim a  
credit for additional expenses up to $15,950 (minus any qualified  
adoption expenses claimed for the same child in a prior year).  
The exclusion may be available, even if you or your employer  
didn't pay any qualified adoption expenses, provided the  
employer has a written qualified adoption assistance program.  
See Column (d) for more information.  
Complete all columns that apply to the eligible child you adopted  
or tried to adopt.  
If you can't give complete information about an eligible child  
you tried to adopt in 2022 because the adoption was either  
unsuccessful or wasn't final by the end of 2023, complete the  
entries that you can on line 1. Leave blank any entries you are  
unable to complete. For example, if you don't have a social  
security number (SSN) or an adoption taxpayer identification  
number (ATIN) for your eligible child, leave column (f) blank.  
Foreign child. If the eligible child is a foreign child, you can't  
take the adoption credit or exclusion unless the adoption  
becomes final. A child is a foreign child if they weren’t a citizen or  
resident of the United States (including U.S. territories) at the  
time the adoption effort began. Take the credit or exclusion as  
shown in the following table.  
For examples of the type of records you may want to  
keep to substantiate your claim for the adoption credit,  
see Notice 2010-66, 2010-42 I.R.B. 437, available at  
TIP  
Foreign Adoption  
Attempted Adoptions of U.S. Children  
IF you pay  
THEN take the credit in...  
In general, the dollar limitation requires you to combine the  
qualified adoption expenses you paid if you made more than one  
attempt to adopt one eligible U.S. child. When you combine the  
amounts you spent, complete only the “Child 1” line. Don't report  
the additional attempt(s) on the “Child 2” or “Child 3” line.  
Complete the “Child 2” or “Child 3” line only if you adopted or  
tried to adopt two or three eligible children.  
qualifying expenses in...  
any year before the year the  
adoption becomes final  
the year the adoption  
becomes final.  
the year the adoption becomes final the year the adoption  
becomes final.  
any year after the year the adoption the year of the payment.  
becomes final  
Example 1. You planned to adopt one U.S. child. You paid  
$10,000 of qualified adoption expenses in an unsuccessful  
attempt to adopt a child. You later paid $8,000 of additional  
qualified adoption expenses in a successful adoption of a  
different child. Complete only the “Child 1” line because you  
made more than one attempt to adopt one eligible child.  
Example 2. The facts are the same as in Example 1 except  
that both attempts are unsuccessful and no adoption is ever  
finalized. Enter $18,000 ($10,000 + $8,000) on the “Child 1” line  
because you made more than one attempt to adopt one eligible  
child.  
IF your employer pays for  
qualifying expenses under an  
adoption assistance program  
in...  
THEN take the  
exclusion in...  
any year before the year the  
adoption becomes final  
the year the adoption  
becomes final.  
the year the adoption becomes final the year the adoption  
becomes final.  
Example 3. You planned to adopt one U.S. child. You paid  
$9,000 in qualified adoption expenses in an unsuccessful  
attempt to adopt a child. You later successfully adopted twins  
after paying an additional $24,000 in qualified adoption  
expenses ($12,000 per child). Enter $21,000 ($9,000 + $12,000)  
on the “Child 1” line because you made more than one attempt  
to adopt one eligible child. Enter $12,000 on the “Child 2” line  
because you made a successful attempt to adopt a second  
eligible child.  
any year after the year the adoption the year of the payment.  
becomes final  
For more information, see Column (e). To find out when a  
foreign adoption is treated as final, see Rev. Proc. 2005-31,  
2005-26 I.R.B. 1374, available at IRS.gov/irb/2005-26_IRB/  
-3-  
Instructions for Form 8839 (2023)  
   
If you filed Form 8839 for a prior year in connection with  
this adoption, enter your 2023 information on the same  
line (Child 1, Child 2, or Child 3) that you used in the  
behalf of each child. The adoption assistance agreements  
entered into between Agency A and the adoptive parents are  
evidence that State V has determined that Mark, Rachel, and  
Janet are children with special needs.  
!
CAUTION  
prior year.  
Their adoptive parents may claim an adoption tax credit for  
each child, even if the adoptive parents paid no qualifying  
adoption expenses, if all other requirements of the credit are  
met.  
Example 2. Michael and Grace are born in State W and are  
members of a sibling group. Their biological mother places the  
siblings through a private adoption agency and voluntarily  
surrenders her parental rights. Membership in a sibling group is  
a factor that State W may use in determining that a child has  
special needs. State W also requires that adoptive parents  
requesting a state determination of special needs follow certain  
steps and make the request before the adoption is final. Michael  
and Grace’s adoptive parents don't make a request or follow the  
required steps.  
Michael and Grace aren't children with special needs  
because State W didn't remove them from their biological mother  
and didn't make a determination of special needs. Although  
membership in a sibling group is a factor that State W may use in  
making a determination, State W didn't make a determination  
that either Michael or Grace wouldn't be adopted unless  
adoption assistance was provided to the adoptive parents.  
However, Michael and Grace’s adoptive parents may claim  
adoption tax credits for the qualified adoption expenses they  
paid in connection with Michael and Grace’s adoption, if all other  
requirements of the credit are met.  
Example 3. Hannah is born in State X. Hannah’s biological  
parents place Hannah for adoption through a private adoption  
agency and voluntarily relinquish their parental rights. Hannah  
then is adopted. A medical exam performed shortly after  
Hannah's birth shows that Hannah has serious physical  
disabilities. Hannah isn't a child with special needs because  
State X didn't remove Hannah from the biological parents and  
didn't make a determination of special needs. However,  
Hannah's adoptive parents may claim the adoption tax credit for  
the qualified adoption expenses they paid in connection with  
Hannah's adoption, if all other requirements of the credit are met.  
More Than Three Eligible Children  
If you adopted or tried to adopt more than three eligible children,  
fill in and attach as many Forms 8839 as you need to list them.  
Also, enter “See Attached” to the right of the Caution below  
line 1.  
For Part II, fill in lines 2 through 6 and 10 and 11 for each  
child. But fill in lines 7 through 9 and 12 through 16 on only one  
Form 8839. The amount on line 12 of that Form 8839 should be  
the combined total of the amounts on line 11 of all your Forms  
8839.  
For Part III, fill in lines 17 through 20, 22, 26, and 27 for each  
child. But fill in lines 21, 23 through 25, 28, and 29 on only one  
Form 8839. The amount on line 21 of that Form 8839 should be  
the combined total of the amounts on line 20 of all your Forms  
8839. The amount on line 28 of that Form 8839 should be the  
combined total of the amounts on line 27 of all your Forms 8839.  
Column (c)  
A disabled individual, one who is physically or mentally unable to  
care for themselves, is an eligible child regardless of their age at  
the time of adoption.  
Column (d)  
A child is a child with special needs if all three of the following  
statements are true.  
1. The child was a citizen or resident of the United States or  
its territories at the time the adoption effort began (U.S. child).  
2. A state (including the District of Columbia) has  
determined that the child can't or shouldn't be returned to their  
parents' home.  
3. The state has determined that the child won't be adopted  
unless assistance is provided to the adoptive parents. Factors  
used by states to make this determination include:  
a. The child's ethnic background and age,  
Example 4. Noah is born in Country Z and is diagnosed with  
serious physical and mental disabilities. Noah's adoptive  
parents, who are residents of State Y, adopt Noah in Country Z,  
bring Noah to the United States, and re-adopt Noah in State Y.  
Noah isn't a child with special needs because Noah wasn't a  
citizen or resident of the United States when the adoption  
process began. Additionally, State Y didn't remove Noah from  
the home of the biological parents and didn't make a  
b. Whether the child is a member of a minority or sibling  
group, and  
c. Whether the child has a medical condition or a physical,  
mental, or emotional handicap.  
The state must make a determination that a child has special  
needs before the child is considered to be a child with special  
needs. A child having a specific factor or condition isn't enough  
to establish that the state has made a determination of special  
needs.  
You may be able to claim an exclusion or credit for the  
adoption of a U.S. child with special needs even if you didn't pay  
any qualified adoption expenses. See Line 22 and the  
instructions for Line 5.  
determination of special needs. However, Noah's adoptive  
parents may claim the adoption tax credit for the qualified  
adoption expenses they paid in connection with Noah's  
adoption, if all other requirements of the credit are met.  
If you check the box in column (d) indicating the child  
has special needs, be sure to keep evidence of the  
!
CAUTION  
state's determination in your records.  
For more information, see Tax Topic 607, available at IRS.gov/  
Column (e)  
Example 1. Agency A is the child welfare department of  
State V. Mark, Rachel, and Janet, brother and sisters, are U.S.  
children residing in State V. When Mark was 10, Rachel 8, and  
Janet 6, Agency A removed the children from the home of their  
biological parents.  
After Agency A placed the children in foster care, Agency A  
determined it would be difficult to place the children for adoption  
without providing assistance to the adoptive family because of  
the ages and sibling relationship of the children. Agency A  
provided the adoptive parents with monthly subsidy payments on  
A child is a foreign child if they weren’t a citizen or resident of the  
United States or its territories at the time the adoption effort  
began.  
Special rules. If you paid qualified adoption expenses in 2023  
or any prior year in connection with the adoption of a foreign  
child and the adoption became final in 2023, you can use the  
total expenses you paid in 2023 and all prior years in  
determining the amount to enter on line 5. If you and another  
person (other than your spouse if filing jointly) each paid  
-4-  
Instructions for Form 8839 (2023)  
   
Exclusion of Prior Year Benefits Worksheet  
(for the adoption of a foreign child that became final in 2023)  
Keep for Your Records  
1. Enter the total employer-provided adoption benefits you received in 2023 and all prior years for the adoption of the  
foreign child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
1.  
2. Enter $15,950. If you and another person (other than your spouse if filing jointly) each received employer-provided  
adoption benefits in 2023 or any prior year to adopt the same child, see the instructions for line 2 at the end of this  
worksheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
2.  
3.  
3. Enter the smaller of line 1 or line 2 here and on Form 8839, line 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
Next:  
Enter -0- on Form 8839, line 18.  
Enter the amount from line 3 of this worksheet on Form 8839, line 19.  
On Form 8839, line 20, enter the total amount of employer-provided adoption benefits received in 2023 and all prior  
years.  
Complete Form 8839 through line 28. Then, complete lines 4 through 9 of this worksheet to figure the amount of any  
prior year benefits you can exclude and the taxable benefits, if any, to enter on Form 8839, line 29.  
4. Is the amount on your 2023 Form 8839, line 28, less than the amount on Form 8839, line 21?  
No. Skip lines 4 through 6 of this worksheet and go to line 7.  
Yes. Subtract Form 8839, line 28, from line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
4.  
5.  
5. Enter the total employer-provided adoption benefits you received before 2023 included on Form 8839, line 20, for  
all children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
6. Taxable benefits. Subtract line 5 of this worksheet from line 4. If zero or less, enter -0-. Enter the result here and on  
Form 8839, line 29. If more than zero, also include this amount on line 1f of Form 1040, 1040-SR, or 1040-NR . . . . . .  
6.  
7.  
8.  
7. Enter the amount from Form 8839, line 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
8. Enter the total 2023 employer-provided adoption benefits included on Form 8839, line 20, for all children . . . . . . . . . .  
9. Prior year excluded benefits. Subtract line 8 of this worksheet from line 7. If zero or less, stop; you can't exclude any  
of your prior year benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
9.  
Next. Figure the total you would enter on line 1f of Form 1040, 1040-SR, or 1040-NR before you exclude the amount from line 9 of this  
worksheet. Then, subtract the amount from line 9 of this worksheet from that total. Enter the result on line 1f of Form 1040, 1040-SR, or  
1040-NR.  
Line 2. The maximum amount of employer-provided adoption benefits that can be excluded from income is $15,950 per child. If you and another  
person (other than your spouse if filing jointly) each received employer-provided adoption benefits to adopt the same child, the $15,950 limit must be  
divided between the two of you. You can divide it in any way you both agree. Enter your share of the $15,950 limit on line 2 of this worksheet.  
qualified adoption expenses to adopt the same child, the total  
qualified expenses must be divided between the two of you. You  
can divide it in any way you both agree.  
connection with the adoption of an eligible foreign child from  
Country X. Country X is a non-Hague country (a country not  
party to the Hague Adoption Convention). In 2022, Country X  
issued a final decree of adoption to Riley and Parker, who  
brought the child to the United States on an IR2, IR3, or IR4 visa.  
In 2023, Riley and Parker paid $1,000 in qualified adoption  
expenses in connection with re-adopting the child in their home  
state. Riley and Parker's modified gross income (MAGI) is less  
than the MAGI limitation in all years.  
Under Rev. Proc. 2005-31, Riley and Parker may treat 2022  
(the year of the adoption in Country X) or 2023 (the year of  
re-adoption in the United States) as the year of finality. If Riley  
and Parker choose 2022, then the $24,000 of aggregate  
qualified adoption expenses paid in 2020, 2021, and 2022  
($7,000 plus $8,000 plus $9,000) will be treated as paid in 2022.  
The credit will be limited to $14,890 (the dollar limitation for  
2022).  
If the adoption didn't become final by the end of 2023, you  
can't take the adoption credit for that child in 2023.  
In general, the year of finality of a foreign adoption is  
determined either under Rev. Proc. 2005-31, I.R.B. 2005-31,  
2005-26 1374, available at IRS.gov/irb/2005-26_IRB/  
#RP-2005-31 (non-Hague adoptions) or under Rev. Proc.  
2010-31, 2010-41 I.R.B. 413, available at IRS.gov/irb/  
2010-40_IRB/#RP-2010-31 (Hague adoptions).  
Non-Hague adoptions. In most non-Hague adoptions, there  
is an adoption proceeding in the foreign country (and the country  
isn't a party to the Hague Adoption Convention, discussed later)  
before the child is allowed to come to the United States. There  
may also be a re-adoption proceeding in the United States,  
either in the same year as the foreign adoption or in a later year.  
Rev. Proc. 2005-31 generally allows taxpayers to choose as the  
year of finality: (1) the year of the foreign-sending country  
adoption proceeding, or (2) the year of the re-adoption, if the  
re-adoption occurs in either the first or second year following the  
year of the foreign-country proceeding. The expenses of  
re-adoption are qualified adoption expenses in the year in which  
the expenses are paid, subject to the dollar limitation.  
Riley and Parker instead may choose to treat 2023 (the year  
of re-adoption in the United States) as the year of finality. If Riley  
and Parker choose 2023, then the $25,000 of aggregate  
qualified adoption expenses paid ($24,000 total from 2020,  
2021, and 2022, plus the $1,000 of re-adoption expenses paid in  
2023) will be treated as paid in 2023. The credit will be limited to  
$15,950 (the dollar limitation for 2023).  
Hague adoptions. In Hague adoptions, there is usually an  
adoption proceeding in the sending country (and the country is  
Example. Riley and Parker paid qualified adoption expenses  
of $7,000 in 2020, $8,000 in 2021, and $9,000 in 2022 in  
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Instructions for Form 8839 (2023)  
 
one that is a party to the Hague Adoption Convention, discussed  
later) before the child is allowed to come to the United States.  
Rev. Proc. 2010-31 generally allows taxpayers to choose as the  
year of finality: (1) the year in which the sending country enters a  
final decree of adoption, or (2) the year in which the U.S.  
Secretary of State issues a certificate under section 301(a) of  
the Intercountry Adoption Act of 2000, 42 U.S.C. sections  
14901–14954.  
Custodial agreements followed by adoption in the United  
States. In a few cases, the sending country may allow the child  
to come to the United States under a custodial agreement. If so,  
the child will be adopted later in a state court in the United  
States. Both Rev. Proc. 2005-31 and Rev. Proc. 2010-31 allow  
the adoptive parent(s) to treat the year of the state-court  
adoption as the year of finality.  
Part II—Adoption Credit  
Line 2  
The maximum adoption credit is $15,950 per child. Enter  
$15,950 on line 2. If you and another person (other than your  
spouse if filing jointly) each paid qualified adoption expenses to  
adopt the same child, the $15,950 limit must be divided between  
the two of you. You can divide it in any way you both agree. Enter  
your share of the $15,950 limit on line 2 for that child.  
Line 3  
If you filed Form 8839 for a prior year for the same child, enter on  
line 3 the total of the amounts shown on lines 3 and 6 (or  
corresponding line) of the last form you filed for the child.  
Line 5  
The Hague Convention on Protection of Children and  
Co-operation in Respect of Intercountry Adoption  
!
Special rules apply if you paid expenses in connection  
CAUTION  
(Hague Adoption Convention) entered into force for the  
with the adoption of an eligible foreign child. See  
!
United States on April 1, 2008. The Hague Adoption Convention  
applies if you adopted a child from a country that is party to the  
Hague Adoption Convention and you filed your application and  
petition (Forms I-800A and I-800) with the U.S. Citizenship and  
Immigration Service after March 31, 2008. See  
CAUTION  
Column (e) for details.  
Enter on line 5 the total qualified adoption expenses (as  
defined earlier) you paid in:  
2022 if the adoption wasn't final by the end of 2023,  
2022 and 2023 if the adoption became final in 2023, or  
2023 if the adoption became final before 2023.  
Adoption.html for more information on the Hague Adoption  
Convention, the application and petition, and a complete list of  
countries that are parties to the Convention.  
Expenses reimbursed by your employer under a written  
qualified adoption assistance program aren't qualified  
!
CAUTION  
adoption expenses and must not be entered on line 5.  
If you received employer-provided adoption benefits in 2023  
in connection with the adoption of a foreign child and the  
adoption didn't become final by the end of 2023, you must  
include the benefits in the total entered on line 1f of Form 1040,  
1040-SR, or 1040-NR.  
See the examples following Employer-Provided Adoption  
Special needs adoption. If you adopted a U.S. child with  
special needs and the adoption became final in 2023, enter on  
line 5:  
Exclusion of prior year benefits. If you received  
employer-provided adoption benefits before 2023 in connection  
with the adoption of a foreign child and the adoption became  
final in 2023, you may be able to exclude part or all of those  
benefits from your 2023 income. To find out if you can, complete  
use that worksheet to complete Form 8839, Part III, and to figure  
any taxable benefits to enter on Form 8839, line 29.  
$15,950, minus  
Any qualified adoption expenses you used to figure any  
adoption credit you claimed for the same child in a prior year.  
This is the amount you entered on line 3 of Form 8839 for this  
child.  
If you didn't claim any adoption credit for the child in a prior  
year, enter $15,950 on line 5 even if your qualified adoption  
expenses for the child were less than $15,950 (and even if you  
didn't have any qualified adoption expenses for this child).  
If the adoption of more than one eligible foreign child became  
final in 2023, complete lines 1 through 3 of the Exclusion of Prior  
Year Benefits Worksheet separately for each foreign child and  
use the combined totals to complete lines 4 through 9 of the  
worksheet.  
Unsuccessful adoption. If you paid qualified adoption  
expenses in an attempt to adopt a U.S. child and the attempt  
was unsuccessful, treat those expenses in the same manner as  
expenses you paid for adoptions not final by the end of the year.  
Example. You paid $3,000 of qualified adoption expenses in  
2022 in an attempt to adopt a U.S. child. You paid $2,000 in  
qualified adoption expenses early in 2023. However, the  
adoption attempt was unsuccessful. Enter $3,000 on line 5. The  
$2,000 paid in 2023 may qualify in 2024.  
If you check the box in column (e), you must also check  
the box in column (g), indicating the adoption was  
!
CAUTION  
finalized in 2023 or earlier.  
Column (f)  
Enter the child's identifying number. This can be a social security  
number (SSN), an adoption taxpayer identification number  
(ATIN), or an individual taxpayer identification number (ITIN).  
Line 7  
Enter on line 7 the amount from Form 1040, 1040-SR, or  
1040-NR, line 11, increased by the total of any:  
Enter the child's SSN if the child has an SSN or you will be  
able to get an SSN in time to file your tax return. Apply for an  
SSN using Form SS-5.  
Exclusion of income from Puerto Rico;  
Amounts from Form 2555, lines 45 and 50; and  
Amount from Form 4563, line 15.  
If you are in the process of adopting a child who is a U.S.  
citizen or resident alien but you can't get an SSN for the child in  
time to file your return, apply for an ATIN using Form W-7A.  
However, if the child isn't a U.S. citizen or resident alien, apply  
instead for an ITIN using Form W-7.  
Line 15  
Complete the credit limit worksheet to figure the limit of your  
nonrefundable adoption credit.  
Column (g)  
Check the box in column (g) if the adoption for each child  
became final in 2023 or earlier.  
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Instructions for Form 8839 (2023)  
       
have any unused credit to carry forward to 2024, be sure you  
keep the worksheet. You will need it to figure your credit for 2024.  
Credit Limit Worksheet—Line 15  
1. Enter the amount from Form 8839, line 14 . . . . . .  
1.  
2.  
Part III—Employer-Provided  
Adoption Benefits  
Line 17  
2. Enter the amount from Form 1040, 1040-SR, or  
1040-NR, line 18 . . . . . . . . . . . . . . . . . . . . . .  
3. 1040 or 1040-SR filers: Enter the total of any  
amounts from Form 1040 or Form 1040-SR, line 19*;  
Schedule 3 (Form 1040), lines 1 through 4, 6d, 6f,  
6g, 6l, and 6m; and Form 5695, line 32.  
1040-NR filers: Enter the total of any amounts from  
Form 1040-NR, line 19*; Schedule 3 (Form 1040),  
lines 1, 2, 4, 6f, 6g, 6l, and 6m; and Form 5695,  
line 32.  
The maximum amount that can be excluded from income for  
employer-provided adoption benefits is $15,950 per child. Enter  
$15,950 on line 17. If you and another person (other than your  
spouse if filing jointly) each received employer-provided  
adoption benefits in connection with the adoption of the same  
eligible child, the $15,950 limit must be divided between the two  
of you. You can divide it in any way you both agree. Enter your  
share of the $15,950 limit on line 17 for that child.  
3.  
4. Subtract line 3 from line 2 . . . . . . . . . . . . . . . . .  
4.  
5.  
5. Enter the smaller of line 1 or line 4 here and on Form  
8839, line 15 . . . . . . . . . . . . . . . . . . . . . . . . .  
* If you are directed to complete Form 8839 by Credit Limit Worksheet B in the  
Instructions for Schedule 8812 (Form 1040), include the amount from line 14 of Credit  
Limit Worksheet B instead of the amount from Form 1040, 1040-SR, or 1040-NR,  
line 19.  
Line 18  
If you received employer-provided adoption benefits in a prior  
year for the same child, enter on line 18 the total of the amounts  
shown on lines 18 and 22 (or corresponding lines) of the last  
Form 8839 you filed for the child.  
Special rules apply if the prior year benefits were  
Line 16—Credit Carryforward to 2024  
received in connection with the adoption of a foreign  
!
If Form 8839, line 15, is smaller than line 14, you may have an  
unused credit to carry forward to the next 5 years or until used,  
whichever comes first. Use the Adoption Credit Carryforward  
Worksheet to figure the amount of your credit carryforward. If you  
CAUTION  
child and the adoption became final in 2023. See  
Adoption Credit Carryforward Worksheet—Line 16  
1. Enter the amount from Form 8839, line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
Did you use the Adoption Credit Carryforward Worksheet—Line 16 in the 2022 Form 8839 instructions?  
No. Skip lines 2 through 6. Enter the amount from line 1 of this worksheet on line 7.  
1.  
Yes. Have that worksheet handy and go to line 2.  
2. Enter any 2018 credit carryforward (line 12 of your 2022 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
2.  
3.  
4.  
5.  
6.  
7.  
8.  
9.  
3. Enter any 2019 credit carryforward (line 14 of your 2022 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
4. Enter any 2020 credit carryforward (line 16 of your 2022 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
5. Enter any 2021 credit carryforward (line 18 of your 2022 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
6. Enter any 2022 credit carryforward (line 20 of your 2022 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
7. Add lines 1 through 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
8. Enter the amount from Form 8839, line 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
9. Subtract line 8 from line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
Did you enter an amount on line 2, 3, 4, 5, or 6?  
No. Enter the amount on line 9 on lines 20 and 23 below; skip all the other lines.  
Yes. Continue to line 10.  
10. Subtract line 8 from line 2. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
10.  
11.  
12.  
13.  
14.  
15.  
16.  
17.  
18.  
19.  
20.  
21.  
22.  
23.  
11. Subtract line 2 from line 8. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
12. 2019 credit carryforward to 2024. Subtract line 11 from line 3. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
13. Subtract line 3 from line 11. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
14. 2020 credit carryforward to 2024. Subtract line 13 from line 4. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
15. Subtract line 4 from line 13. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
16. 2021 credit carryforward to 2024. Subtract line 15 from line 5. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
17. Subtract line 5 from line 15. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
18. 2022 credit carryforward to 2024. Subtract line 17 from line 6. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
19. Add lines 10, 12, 14, 16, and 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
20. 2023 credit carryforward to 2024. Subtract line 19 from line 9. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
21. Add lines 19 and 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
22. Enter the amount from line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
23. Total credit carryforward to 2024. Subtract line 22 from line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
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Instructions for Form 8839 (2023)  
   
Line 22  
Line 23  
If the child was a child with special needs and the adoption  
became final in 2023, enter the amount from line 19 only if your  
employer has a qualified adoption assistance program, as  
defined earlier under Employer-Provided Adoption Benefits. This  
requirement applies whether or not you received any  
figure your modified adjusted gross income.  
Your modified adjusted gross income (MAGI) for the  
adoption credit may not be the same as the MAGI  
!
CAUTION  
figured in the following worksheet. If you are taking the  
employer-provided adoption benefits under this plan.  
credit, be sure to read Line 7 before you enter an amount on that  
line.  
If your employer has no qualified adoption assistance  
program, you must enter the smaller of line 19 or line 20.  
Modified Adjusted Gross Income (MAGI) Worksheet—Line 23  
If you file Form 1040 or 1040-SR, complete lines 2a through 9, and Schedule 1.  
If you file Form 1040-NR, complete lines 2a through 5b, 7, and Schedule 1.  
Before you begin:  
1. Enter the amount you would enter on line 1z of Form 1040, 1040-SR, or 1040-NR if you could exclude the total amount  
on Form 8839, line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
1.  
2.  
2. Enter the amount from Form 8839, line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
3. Form 1040 or 1040-SR filers, enter the total of lines 2b, 3b, 4b, 5b, 6b, and 7 from Form 1040 or 1040-SR, and the  
amount from Schedule 1 (Form 1040), line 10.  
Form 1040-NR filers, enter the total of lines 2b, 3b, 4b, 5b, and 7 from Form 1040-NR, and the amount from Schedule  
1 (Form 1040), line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
3.  
4.  
4. Add lines 1, 2, and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
5. Form 1040 or 1040-SR filers, enter the total of Schedule 1 (Form 1040), lines 11 through 20, 23, and 25.  
Form 1040-NR filers, enter the total of Schedule 1 (Form 1040), lines 11 through 18, 20, 23, and 25 . . . . . . . . . . . . .  
5.  
6.  
6. Subtract line 5 from line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
Form 1040 or 1040-SR filers, increase the amount on line 6 of this worksheet by the total of the following amounts. Enter the total on Form  
8839, line 23.  
• Any amount from Form 2555, lines 45 and 50, and Form 4563, line 15; and  
• Any exclusion of income from Puerto Rico.  
Form 1040-NR filers, enter on Form 8839, line 23, the amount from line 6 of this worksheet.  
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Instructions for Form 8839 (2023)