Legal reference: 35 ILCS 5/227
For tax years ending on or after December 31, 2018, and on or before December 31, 2029, if you have qualified adoption expenses in the course of adopting an eligible child, you are entitled to the Adoption credit in the amount equal to the amount of the federal adoption tax credit received subject to the limitations detailed in Part 2. DO NOT include any federal carryover when determining the amount of federal adoption tax credit received. An eligible child is any individual who has not attained age 18, or is physically or mentally incapable of caring for himself or herself. The credit is allowed
- in the case of any expense paid or incurred before the taxable year in which the adoption becomes final, for the taxable year following the taxable year during which the adoption expense is paid or incurred, or
- in the case of an expense paid or incurred during or after the taxable year in which the adoption becomes final, for the taxable year in which such expense is paid or incurred.
No credit will be allowed for any expense for which funds are received from any Federal, State or local program. Spouses filing a joint return are considered one taxpayer. For nonresidents and part-year residents, the amount of credit shall be in proportion to the amount of income attributable to this state.
Using the worksheet on Schedule 1299-C, Step 2, and the instructions below, figure your Adoption credit. Attach additional pages in the same format, if you are claiming the Adoption credit for more than three children.
Part 1 - Adopted Child Information - For each eligible child you are adopting or have adopted and are claiming qualifying adoption expenses, enter the name, identifying number (Social Security number, ITIN, etc.), birth date (month and year) and check the appropriate box(es)
- if the adopted child is an Illinois resident at the time the expenses are paid or incurred.
- if the adoption is final during this tax year.
Part 2 - Figure Your Credit - The total amount of qualified adoption expenses allowed as a credit shall not exceed $2,000 ($1,000 in the case of married filing separate return). However, the credit allowed increases to $5,000 ($2,500 in the case of a married filing separate return) if the adoption is of an eligible child who is at least one year old and resides in Illinois at the time the expenses are paid or incurred.
Note: When qualified adoption expenses are reported over multiple tax years for the adoption of the same child, any amount of Illinois Adoption credit previously received for this child must be included on your Schedule 1299-C, Part 2, Line 16b, Adoption Credit worksheet.
Your total adoption credit for all tax years may not exceed the maximum allowable credit for the adoption of that child.
Line a - Enter the maximum credit allowed based on the above description.
Line b - Enter the amount of any adoption credit previously claimed on an Illinois return for the same child. The maximum credit on Line a is for the entire adoption of that child, no matter how many years the adoption takes to complete.
Line c - Follow the directions on the worksheet.
Line d - Enter the qualified adoption expense you paid or incurred (usually, Line 5 of federal Form 8839, Qualified Adoption Expenses) where qualified adoption expense means any reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are
- directly related to, and the principal purpose of which is, the legal adoption of an eligible child by the taxpayer,
- not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement,
- not expenses in connection with the adoption by an individual of a child who is the child of such individual’s spouse, and
- not reimbursed under an employer program or otherwise.
Line e - Follow the directions on the worksheet.
Line f - Total all columns of Line e and enter the result here.
Line g - Follow the directions on the worksheet.
Line h - Follow the directions on the worksheet. Enter the total in Column E of your Schedule 1299-C, Step 3, on the line that you enter “5” in Column A and Credit Code 5780 in Column B.
Attach: You must attach a copy of Federal Form 8839, Qualified Adoption Expenses, to your Form IL-1040, if you enter an Adoption credit amount on Schedule 1299-C.
This credit is not distributable or transferable.
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