Page 196 - JoFA_2022
P. 196

TAX / PERSONAL FINANCIAL PLANNING




         Child care expenses paid                                   exclusion in the same tax year. If claiming both,
                                                                      Taxpayers can claim both the credit and the

         with DCFSA funds are                                       taxpayers are required to first claim any allowable
                                                                    exclusion and reduce the amount of the quali-
                                                                    fied adoption expenses available for the credit by
         not eligible for the CDCC,                                 the amount of any employer-provided assistance
                                                                    excluded from income. The result is that the credit
         so taxpayers must choose                                   and exclusion cannot both be claimed for the
                                                                    same expenses.
                                                                      For example, if a taxpayer incurs $20,000 of
         between the two tax                                        qualifying adoption expenses and receives $14,890
                                                                    of employer-provided assistance, the taxpayer can
                                                                    exclude the $14,890 from income and claim a
         benefits for the amount                                    credit of only $5,110. If qualifying expenses in the
                                                                    same example are $30,000, the taxpayer can exclude
         of expenses eligible for                                   $14,890 from income and claim the maximum
                                                                    adoption credit of $14,890, but will not receive any
                                                                    tax benefit for the remaining $220 of expenses. The
         either benefit (up to                                      adoption credit is nonrefundable but can be used
                                                                    to offset the alternative minimum tax. Any unused
         $3,000 after 2021).                                        credit can be carried forward for up to five years.

                                                                    REDUCTIONS AND PHASEOUTS
                                                                    It is important for adoptive families to understand
                                                                    the economic costs imposed by the income-based
                                                                    reduction to the CDCC percentage and the phase-
                                                                    outs of the CTC and adoption credit and exclusion.
                                                                      For the years 2022 and after, for married couples
                          both domestic and foreign adoptions, amounts paid   filing jointly, the CDCC percentage is reduced
                          during or subsequent to the year the adoption is   from 35% to 20% as AGI increases from $15,000
                          finalized are allowable for the year of payment.   to $43,000. For the years 2022 to 2025, under the
                            Planning tip: The timing provisions may pro-  rules enacted in the law known as the Tax Cuts and
                          vide an incentive to defer the payment of qualifying   Jobs Act (TCJA), P.L. 115-97, the CTC for mar-
                          expenses to the year following the adoption, and   ried couples filing jointly is reduced $50 for every
                          thus defer the tax benefit, if the income-based   $1,000 of modified adjusted gross income (MAGI)
                          phaseout of the tax benefit in the year following the   in excess of $400,000. For years after 2025, the
                          adoption would be less than the phaseout in the   phaseout rules for the CTC will revert to the rules
                          year of the adoption.                     that were in place before the passage of the TCJA.
                            The adoption credit and exclusion are each   Under these rules, the CTC for married couples
                          subject to a dollar limitation and an income-based   filing jointly is reduced $50 for every $1,000 of
                          phaseout. The dollar limitation, which is indexed   MAGI in excess of $110,000. For purposes of the
                          annually for inflation, is $14,890 per child for   CTC, MAGI is AGI increased by any amount
                          2022, and applies separately to the credit and the   excluded from gross income under Secs. 911, 931,
                          exclusion. Parents must reduce the dollar limit for a   and 933 (relating to foreign earned income and
                          year by the amount of qualified adoption expenses   income from certain U.S. territories).
                          they paid and claimed in previous years for the   For the adoption credit and exclusion of
                          same adoption effort. Also, in computing the dollar   employer-provided adoption assistance, the
                          limitation, qualified adoption expenses parents have   phaseout is based on MAGI. However, MAGI
                          paid and claimed in connection with an unsuc-  is computed differently for purposes of the credit
                          cessful domestic adoption effort must be combined   and exclusion. Like MAGI for CTC purposes, for
                          with qualified adoption expenses paid in connection   purposes of the credit and the exclusion, in deter-
                          with a subsequent domestic adoption attempt,   mining MAGI, AGI is increased by any amount
                          whether or not the subsequent attempt is successful.  excluded from gross income under Secs. 911, 931,

         26    |   Journal of Accountancy                                                            May 2022
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