U.S. Individual Income Tax Return Forms

2020

Instructions for Form 8839

Department of the Treasury
Internal Revenue Service

Qualified Adoption Expenses
Section references are to the Internal Revenue Code unless
otherwise noted.

What's New
2020 maximum credit. The maximum credit and the exclusion
for employer-provided benefits are both $14,300 per eligible
child in 2020. This amount begins to phase out if you have
modified adjusted gross income in excess of $214,520 and is
completely phased out for modified adjusted gross income of
$254,520 or more.

Future Developments
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.

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
$14,300 from your income and also be able to claim a credit of
up to $14,300. But, you can't claim both a credit and exclusion
for the same expenses. See Qualified Adoption Expenses and
Employer-Provided Adoption Benefits, later.

Adoption credit. Use Form 8839, Part II, to figure the adoption
credit you can take on Schedule 3 (Form 1040), line 6. Check
box c on that line and enter “8839” in the space next to box c.
You may be able to take this credit in 2020 if any of the following
statements are true.
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:
a. 2019 and the adoption wasn't final at the end of 2019, or
b. 2020 and the adoption became final in or before 2020.
2. You adopted an eligible U.S. child with special needs and
the adoption became final in 2020. (In this case, you may be
able to take the credit even if you didn't pay any qualified
adoption expenses.)
3. You paid qualified adoption expenses in connection with
the adoption of an eligible foreign child in:
a. 2020 or prior years and the adoption became final in
2020, or
b. 2020 and the adoption became final before 2020.
See Column (e), later.
4. You have a carryforward of an adoption credit from 2019.
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 or 1040-SR, line 1, or Form 1040-NR, line 1a. You may be
Nov 18, 2020

able to exclude these benefits from income if your employer had
a written 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
2020. However, special rules apply for benefits received in
connection with the adoption of an eligible foreign child. See
Column (e), later.
2. You adopted an eligible U.S. child with special needs and
the adoption became final in 2020.
3. You received employer-provided adoption benefits in
connection with the adoption of an eligible foreign child in:
a. 2020 or prior years and the adoption became final in
2020, or
b. 2020 and the adoption became final before 2020.
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.
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 2020, use the following table to see if the income limit will
affect your credit or exclusion.
IF your MAGI is...

THEN the income limit...

$214,520 or less

won't affect your credit or exclusion.

between $214,521 and $254,519

will reduce your credit or exclusion.

$254,520 or more

will eliminate your credit or exclusion.

Definitions
Eligible Child

An eligible child is:
• Any child under age 18. If the child turned 18 during the year,
the child is an eligible child for the part of the year he or she was
under age 18.
• Any disabled individual physically or mentally unable to take
care of himself or herself.
If you and another person (other than your spouse if
filing jointly) adopted or tried to adopt an eligible U.S.
CAUTION child, see Line 2 (or Line 17, if applicable), before
completing Part II (or Part III).

!

Cat. No. 23077T

Qualified Adoption Expenses

employer's reimbursement of the legal fees in Example 2
($8,000 exclusion and $12,000 credit).

Qualified adoption expenses are reasonable and necessary
expenses directly related to, and for the principal purpose of, the
legal adoption of an eligible child.

Example 4. Paul paid $30,000 in qualified adoption
expenses to adopt an eligible foreign child, and the adoption
became final in 2020. Under a qualified adoption assistance
program, Paul's employer reimbursed him for $14,300 of those
expenses. Paul may exclude the $14,300 reimbursement from
his income. The remaining $15,700 of expenses ($30,000 $14,300) continue to be qualified adoption expenses that are
eligible for the credit. However, Paul's credit is dollar-limited to
$14,300. The remaining $1,400 ($30,000 - $14,300 - $14,300)
may never be claimed as a credit or excluded from gross
income.

Qualified adoption expenses include:
Adoption fees,
Attorney fees,
Court costs,
Travel expenses (including meals and lodging) while away
from home, and
• Re-adoption expenses relating to the adoption of a foreign
child.

•
•
•
•

Who Can Take the Adoption Credit or
Exclude Employer-Provided Adoption
Benefits?

Qualified adoption expenses don't include expenses:

• For which you received funds under any state, local, or

federal program;
• That violate state or federal law;
• For carrying out a surrogate parenting arrangement;
• For the adoption of your spouse's child;
• Reimbursed by your employer or otherwise; or
• Allowed as a credit or deduction under any other provision of
federal income tax law.

You may be able to take the credit or exclusion if all three of the
following statements are true.
1. Your filing status is single, head of household, qualifying
widow(er), or married filing jointly. Generally, if you are married,
you must file a joint return to take the credit or 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 separated or
living apart from your spouse and you meet certain other
requirements. See Married Persons Not Filing Jointly.
2. Your modified adjusted gross income (MAGI) is less than
$254,520 or you have a carryforward of an adoption credit from
2019. To figure your MAGI, see Line 7 (for the credit) or Line 23
(for the exclusion).
3. You report the required information about the eligible
child in Part l.

Employer-Provided Adoption Benefits

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.
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.

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.
• You adopted a child with special needs. See Column (d) for
the definition of a child with special needs.
• The adoption became final in 2020.
• Your employer had a written qualified adoption assistance
program as described earlier.

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
Credit or Exclude Employer-Provided Adoption Benefits are true.
• You lived apart from your spouse during the last 6 months of
2020.
• The eligible child lived in your home more than half of 2020.
• You provided over half the cost of keeping up your home.

The following examples help illustrate how qualified adoption
expenses and employer-provided adoption benefits apply to the
maximum adoption credit allowed.

Additionally, a person who is filing separately may claim an
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. Madelyn paid $10,000 in qualified adoption
expenses for the adoption of an eligible child. Under a qualified
adoption assistance program, Madelyn's employer reimbursed
her for $4,000 of those expenses. Madelyn may exclude the
$4,000 reimbursement from her income. However, because of
the employer reimbursement, $4,000 of her expenses no longer
meet the definition of qualified adoption expenses. As a result,
Madelyn's 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. possessions) at the time the adoption
effort began (domestic adoption).

Example 2. Haylee 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,
Haylee's employer reimbursed the $8,000 of legal fees. Haylee
may exclude the $8,000 employer reimbursement from her
income. However, because of the employer reimbursement,
$8,000 of Haylee's expenses no longer meet the definition of
qualified adoption expenses. As a result, Haylee's 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 Haylee for her legal fees, the
employer directly paid the $8,000 to the law firm. The employer's
payment of the legal fees produces the same result as the
-2-

Instructions for Form 8839 (2020)

#RP-2005-31, and Rev. Proc. 2010-31, 2010-40 I.R.B. 413,
available at IRS.gov/irb/2010-40_IRB/#RP-2010-31.
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
qualifying expenses in...

THEN take the credit 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.
any year after the year the adoption
becomes final

the year of the payment.

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.

Your employer isn't required to withhold income tax on
payments for qualifying expenses under an adoption
CAUTION 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.

!

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 $14,300 and claim a
credit for additional expenses up to $14,300 (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 2019 because the adoption was either
unsuccessful or wasn't final by the end of 2020, 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 he or she wasn't a
citizen or resident of the United States (including U.S.
possessions) 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

TIP keep to substantiate your claim for the adoption credit,

see Notice 2010-66, 2010-42 I.R.B. 437, available at
IRS.gov/irb/2010-42_IRB/#NOT-2010-66.

Foreign Adoption
IF you pay
qualifying expenses in...

THEN take the credit in...

any year before the year the
adoption becomes final

the year the adoption
becomes final.

Attempted Adoptions of U.S. Children

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” lines only if you adopted or
tried to adopt two or three eligible children.

the year the adoption becomes final the year the adoption
becomes final.
any year after the year the adoption
becomes final

the year of the payment.

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.

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.

the year the adoption becomes final the year the adoption
becomes final.
any year after 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.

the year of the payment.

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/

Instructions for Form 8839 (2020)

-3-

on 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 and may be used to
support the adoptive parents' claim to the adoption tax credit.
Mark, Rachel, and Janet are U.S. children who State V has
removed from their biological parents. State V also has
determined that each child has special needs. 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.

If you filed Form 8839 for a prior year in connection with
this adoption, enter your 2020 information on the same
CAUTION line (Child 1, Child 2, or Child 3) that you used in the
prior year.

!

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.

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.

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 himself or herself, is an eligible child regardless of his or
her 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 possessions 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 his or
her 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,
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.

Example 3. Hannah is born in State X. Her 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 her from her 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.
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 him to the United States, and re-adopt him in State Y.
Noah isn't a child with special needs because he wasn't a citizen
or resident of the United States when the adoption process
began. Additionally, State Y didn't remove him from the home of
his biological parents and didn't make a 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.

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.
For more information, see Tax Topic 607 available at
IRS.gov/taxtopics/tc607.html.

!

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

CAUTION

If you check the box in column (d) indicating the child
has special needs, be sure to keep evidence of the
state's determination in your records.

Column (e)

A child is a foreign child if he or she wasn't a citizen or resident of
the United States or its possessions at the time the adoption
effort began.

Special rules. If you paid qualified adoption expenses in 2020
or any prior year in connection with the adoption of a foreign
-4-

Instructions for Form 8839 (2020)

Exclusion of Prior Year Benefits Worksheet
(for the adoption of a foreign child that became final in 2020)

Keep for Your Records

1. Enter the total employer-provided adoption benefits you received in 2020 and all prior years for the adoption of
the foreign child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.

2. Enter $14,300. If you and another person (other than your spouse if filing jointly) each received
employer-provided adoption benefits in 2020 or any prior year to adopt the same child, see the instructions for
line 2 at the end of this worksheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.

3. Enter the smaller of line 1 or line 2 here and on Form 8839, line 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

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 2020 and

all prior years. On the dotted line next to line 20, enter “PYAB” and the total amount of benefits you received
before 2020.
• 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 2020 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. Enter the total employer-provided adoption benefits you received before 2020 included on Form 8839, line 20,
for all children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

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 1 of Form 1040 or 1040-SR or line 1a
of Form 1040-NR, and enter “AB” on the dotted line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.

7. Enter the amount from Form 8839, line 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.

8. Enter the total 2020 employer-provided adoption benefits included on Form 8839, line 20, for all children . . . . .

8.

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 1 of Form 1040 or 1040-SR or line 1a of Form 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 1 of Form
1040 or 1040-SR or line 1a of Form 1040-NR. On the dotted line next to the line for wages, enter “PYAB” and the amount from line 9
of this worksheet.
Line 2. The maximum amount of employer-provided adoption benefits that can be excluded from income is $14,300 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
$14,300 limit must be divided between the two of you. You can divide it in any way you both agree. Enter your share of the $14,300 limit on
line 2 of this worksheet.

child and the adoption became final in 2020, you can use the
total expenses you paid in 2020 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
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.
If the adoption didn't become final by the end of 2020, you
can't take the adoption credit for that child in 2020.
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.
Instructions for Form 8839 (2020)

Example. Brian and Susan paid qualified adoption expenses
of $7,000 in 2017, $8,000 in 2018, and $9,000 in 2019 in
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 2019, Country X
issued a final decree of adoption to Brian and Susan, who
brought the child to the United States on an IR2, IR3, or IR4 visa.
In 2020, Brian and Susan paid $1,000 in qualified adoption
expenses in connection with re-adopting the child in their home
state. Brian and Susan's modified gross income (MAGI) is less
than the MAGI limitation in all years.
Under Rev. Proc. 2005-31, Brian and Susan may treat 2019
(the year of the adoption in Country X) or 2020 (the year of
re-adoption in the United States) as the year of finality. If Brian
and Susan choose 2019, then the $24,000 of aggregate
qualified adoption expenses paid in 2017, 2018, and 2019
($7,000 plus $8,000 plus $9,000) will be treated as paid in 2019.
The credit will be limited to $14,080 (the dollar limitation for
2019).
Brian and Susan instead may choose to treat 2020 (the year
of re-adoption in the United States) as the year of finality. If Brian
and Susan choose 2020, then the $25,000 of aggregate
qualified adoption expenses paid ($24,000 total from 2017,
2018, and 2019, plus the $1,000 of re-adoption expenses paid in
2020) will be treated as paid in 2020. The credit will be limited to
$14,300 (the dollar limitation for 2020).
Hague adoptions. In Hague adoptions, there is usually an
adoption proceeding in the sending country (and the country is
-5-

Column (g)

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.

Check the box in column (g) if the adoption for each child
became final in 2020 or earlier.

Part II—Adoption Credit
Line 2

The maximum adoption credit is $14,300 per child. Enter
$14,300 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 $14,300 limit must be divided between
the two of you. You can divide it in any way you both agree.
Enter your share of the $14,300 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.

The Hague Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption
CAUTION (Hague Adoption Convention) entered into force for the
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
www.travel.state.gov/content/travel/en/IntercountryAdoption.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.

!

Line 5

!

CAUTION

Enter on line 5 the total qualified adoption expenses (as
defined earlier) you paid in:
• 2019 if the adoption wasn't final by the end of 2020,
• 2019 and 2020 if the adoption became final in 2020, or
• 2020 if the adoption became final before 2020.

If you received employer-provided adoption benefits in 2020
in connection with the adoption of a foreign child and the
adoption didn't become final by the end of 2020, you must
include the benefits in the total entered on Form 1040 or
1040-SR, line 1, or Form 1040-NR, line 1a. Also, enter “AB” on
the dotted line next to Form 1040 or 1040-SR, line 1, or Form
1040-NR, line 1a.
Exclusion of prior year benefits. If you received
employer-provided adoption benefits before 2020 in connection
with the adoption of a foreign child and the adoption became
final in 2020, you may be able to exclude part or all of those
benefits from your 2020 income. To find out if you can, complete
the Exclusion of Prior Year Benefits Worksheet. You must also
use that worksheet to complete Form 8839, Part III, and to figure
any taxable benefits to enter on Form 8839, line 29.
If the adoption of more than one eligible foreign child became
final in 2020, 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.

!

CAUTION

Special rules apply if you paid expenses in connection
with the adoption of an eligible foreign child. See
Column (e) for details.

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.
See the examples following Employer-Provided Adoption
Benefits.

!

Special needs adoption. If you adopted a U.S. child with
special needs and the adoption became final in 2020, enter on
line 5:
• $14,300, 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 $14,300 on line 5 even if your qualified adoption
expenses for the child were less than $14,300 (and even if you
didn't have any qualified adoption expenses for this child).
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.

If you check the box in column (e), you must also check
the box in column (g), indicating the adoption was
finalized in 2020 or earlier.

Column (f)

Example. You paid $3,000 of qualified adoption expenses in
2019 in an attempt to adopt a U.S. child. You paid $2,000 in
qualified adoption expenses early in 2020. However, the
adoption attempt was unsuccessful. Enter $3,000 on line 5. The
$2,000 paid in 2020 may qualify in 2021.

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.

Line 7

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).

Enter on line 7 the amount from Form 1040, 1040-SR, or
1040-NR, line 11, increased by the total of any:
• 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.

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Instructions for Form 8839 (2020)

If you aren't claiming the child tax credit for 2020, you

Credit Limit Worksheet—Line 15

TIP don't need Pub. 972.

1. Enter the amount from Form 8839, line 14 . . . . . .

1.

2. Enter the amount from Form 1040, 1040-SR, or
1040-NR, line 18 . . . . . . . . . . . . . . . . . . . . . .

2.

3. 1040 or 1040-SR filers: Enter the total of any
amounts from Schedule 3 (Form 1040), lines 1
through 4; Form 5695, line 30*; line 14 of the Line 14
Worksheet in Pub. 972 (but if you are filing Form
2555, enter the amount, if any, from line 16 of the
Child Tax Credit and Credit for Other Dependents
Worksheet in Pub. 972); Form 8396, line 9; Form
8910, line 15*; Form 8936, line 23; and Schedule R,
line 22.

3.

Line 16—Credit Carryforward to 2021

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 have any unused credit to carry forward to 2021, be sure
you keep the worksheet. You will need it to figure your credit for
2021.

Part III—Employer-Provided
Adoption Benefits
Line 17

1040-NR filers: Enter the total of any amounts from
Schedule 3 (Form 1040), lines 1, 2, and 4; Form
5695, line 30*; line 14 of the Line 14 Worksheet in
Pub. 972 (but if you are filing Form 2555, enter the
amount, if any, from line 16 of the Child Tax Credit
and Credit for Other Dependents Worksheet in Pub.
972); Form 8396, line 9; Form 8910, line 15*; and
Form 8936, line 23.
4. Subtract line 3 from line 2 . . . . . . . . . . . . . . . . .

4.

5. Enter the smaller of line 1 or line 4 here and on Form
8839, line 15 . . . . . . . . . . . . . . . . . . . . . . . . .

5.

The maximum amount that can be excluded from income for
employer-provided adoption benefits is $14,300 per child. Enter
$14,300 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 $14,300 limit must be divided between the two
of you. You can divide it in any way you both agree. Enter your
share of the $14,300 limit on line 17 for that child.

* If applicable.

Adoption Credit Carryforward Worksheet—Line 16
1. Enter the amount from Form 8839, line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.

Did you use the Adoption Credit Carryforward Worksheet—Line 16 in the 2019 Form 8839 instructions?
No. Skip lines 2 through 6. Enter the amount from line 1 of this worksheet on line 7.
Yes. Have that worksheet handy and go to line 2.
2. Enter any 2015 credit carryforward (line 12 of your 2019 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.

3. Enter any 2016 credit carryforward (line 14 of your 2019 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

4. Enter any 2017 credit carryforward (line 16 of your 2019 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.

5. Enter any 2018 credit carryforward (line 18 of your 2019 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

6. Enter any 2019 credit carryforward (line 20 of your 2019 worksheet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.

7. Add lines 1 through 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.

8. Enter the amount from Form 8839, line 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.

9. Subtract line 8 from line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.

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. Subtract line 2 from line 8. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11.

12. 2016 credit carryforward to 2021. Subtract line 11 from line 3. If zero or less, enter -0-

.............................

12.

13. Subtract line 3 from line 11. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13.

14. 2017 credit carryforward to 2021. Subtract line 13 from line 4. If zero or less, enter -0-

.............................

14.

15. Subtract line 4 from line 13. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15.

16. 2018 credit carryforward to 2021. Subtract line 15 from line 5. If zero or less, enter -0-

.............................

16.

17. Subtract line 5 from line 15. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17.

18. 2019 credit carryforward to 2021. Subtract line 17 from line 6. If zero or less, enter -0-

.............................

18.

..................................................................

19.

19. Add lines 10, 12, 14, 16, and 18

20. 2020 credit carryforward to 2021. Subtract line 19 from line 9. If zero or less, enter -0-

.............................

20.

21. Add lines 19 and 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21.

22. Enter the amount from line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22.

23. Total credit carryforward to 2021. Subtract line 22 from line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23.

Instructions for Form 8839 (2020)

-7-

Line 18

requirement applies whether or not you received any
employer-provided adoption benefits under this plan.

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.

If your employer has no qualified adoption assistance
program, you must enter the smaller of line 19 or line 20.

Line 23

Special rules apply if the prior year benefits were
received in connection with the adoption of a foreign
CAUTION child and the adoption became final in 2020. See
Exclusion of prior year benefits, earlier.

Use the Modified Adjusted Gross Income (MAGI) Worksheet to
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
credit, be sure to read Line 7 before you enter an amount on that
line.

!

Line 22

If the child was a child with special needs and the adoption
became final in 2020, 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

Modified Adjusted Gross Income (MAGI) Worksheet—Line 23
Before you begin:

If you file Form 1040 or 1040-SR, complete lines 2a through 9 and Schedule 1 (Form 1040), lines 1 through 8, 10
through 19, and 22, if they apply.
If you file Form 1040-NR, complete lines 2a through 5b, 7, and Schedule 1 (Form 1040), lines 1, 3 through 8, 10
through 17, 19, and 22, if they apply.

1. Enter the amount you would enter on line 1 of Form 1040 or 1040-SR or on line 1a of Form 1040-NR reduced by
line 10c of Form 1040-NR, if you could exclude the total amount on Form 8839, line 21 . . . . . . . . . . . . . . . . . . . . . . . .

1.

2. Enter the amount from Form 8839, line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.

3. Form 1040 or 1040-SR filers, enter the total of lines 2b, 3b, 4b, 5b, 6b, 7, and Schedule 1 (Form 1040), lines 1
through 8.
Form 1040-NR filers, enter the total of lines 2b, 3b, 4b, 5b, 7, and Schedule 1 (Form 1040), lines 1 and 3
through 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

4. Add lines 1, 2, and 3

........................................................................

4.

5. Form 1040 or 1040-SR filers, enter the total of line 10b and Schedule 1 (Form 1040), lines 10 through 19, and any
write-in adjustments entered on the dotted line next to line 22.
Form 1040-NR filers, enter the total of lines 10b and Schedule 1 (Form 1040), lines 10 through 17, 19, and any
write-in adjustments entered on the dotted line next to line 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

6. Subtract line 5 from line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.

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.

-8-

Instructions for Form 8839 (2020)