Adoption Tax Credit 2027: $18,250 Official, and the 2026 Form 8839
The IRS set the 2027 adoption tax credit at $18,250 with a $5,280 refundable portion (Rev. Proc. 2026-35). Plus the 2026 draft Form 8839 line by line.
Families finalizing an adoption in 2026 are working with a Form 8839 that already looks different from the one filed a year earlier, and not only because of the usual inflation bump. The short answer: the adoption tax credit’s maximum amount is confirmed at $17,670 for 2026, up from $17,280 in 2025, and the refundable slice — up to $5,120 per child, payable even to a family that owes little or no tax — is now indexed for inflation after debuting at a flat $5,000 on 2025 returns. For 2027, the IRS confirmed the maximum credit at $18,250, with the refundable portion at $5,280 and the phase-out starting at modified adjusted gross income of $273,680, in Revenue Procedure 2026-35, section 3.04, released November 5, 2026 (news release IR-2026-133). The same formula that reproduced the confirmed 2026 numbers had projected $18,250 or $18,220 depending on one open data question, and the IRS used the eleven-month average, so our $18,250 projection was exact.
The statute behind the credit
The adoption tax credit lives at 26 U.S.C. § 23, and it treats two kinds of adoptions differently in a way that matters for how the numbers get used. Under section 23(a)(3), a special-needs adoption that becomes final in the year gets the full dollar limit automatically, regardless of what the family actually spent. Every other adoption is capped at whatever qualified expenses the family incurred, up to that same dollar limit. Section 23(b)(1) sets that limit at a $10,000 base amount, applied per child across all years combined — not per year — and section 23(b)(2)(A) begins phasing the credit out once modified adjusted gross income crosses a $150,000 base, closing out completely $40,000 above that. This site’s MAGI explainer covers how that income figure gets built for purposes like this one.
None of those base dollar amounts move on their own. Section 23(h)(1) indexes them for inflation starting from a calendar year 2001 baseline, and section 23(h)(2) rounds the result to the nearest multiple of $10 — not the nearest $5 or the round-down-only rule that governs some other inflation-adjusted figures in the tax code, but an ordinary round-to-nearest-$10. That’s a smaller, more forgiving rounding step than many provisions get, and it’s part of why the 2027 numbers below land as cleanly as they do.
The newest piece of the statute is section 23(a)(4), added by section 70402 of Public Law 119-21, the 2025 tax law. It provides that “so much of the credit allowed under paragraph (1) as does not exceed $5,000 shall be treated as a credit allowed under subpart C” — the technical way of making a portion of the credit refundable, meaning a family can receive it even if they owe little or no tax, rather than only being able to use it against a tax bill. Section 70402(d) makes the change effective for “taxable years beginning after December 31, 2024,” so 2025 returns were the first to carry a refundable adoption credit, at a flat $5,000 per child. For that year only, the Treasury has since decided that unused carryforwards from 2020 through 2024 can count toward the refundable $5,000, and the IRS is adjusting more than 50,000 accounts without amended returns; our guide to the 2025 adoption credit carryforward refunds covers the notice and the corrected carryforward worksheet. That $5,000 refundable base has its own indexing rule, section 23(h)(3): it starts adjusting for tax years beginning after 2025, using calendar year 2024 as its baseline rather than 2001. That’s why 2026 is the first year the refundable amount is anything other than a flat $5,000, and why it has its own separate inflation trajectory from the main credit.
Checking the method against 2026
Before projecting a number the IRS had not announced, it was worth confirming the method against a number the IRS already had. Revenue Procedure 2025-32, section 4.04, set the 2026 adoption credit at $17,670 and the phase-out threshold at $265,080, with a refundable ceiling of $5,120. Running the underlying cost-of-living formula against a single window average in the range of 177.1105 to 177.1135 reproduces the unrounded values behind each of those: $17,671.85 for the credit, which rounds to $17,670; $265,077.76 for the phase-out start, which rounds to $265,080; and $5,118.32 for the refundable ceiling, which rounds to $5,120. All three match the confirmed figures exactly, along with the fifteen other 2026 figures this site’s 2027 IRS inflation adjustments tracker has already checked against the same window.
That same section 4.04 sets the section 137 employer-provided adoption assistance exclusion — the amount an employer can pay or reimburse for an employee’s adoption expenses without it counting as taxable wages — at the identical $17,670, with the identical $265,080 phase-out start. The two provisions, the credit and the exclusion, are indexed together and always carry the same dollar figures.
Why October 2025 splits this one
The twelve-month window behind all of these figures ends August 31 of the prior year, and the Bureau of Labor Statistics never published a CPI-U reading for October 2025 — data collection stopped during that year’s government shutdown. There were two ways to handle the gap: average the eleven months that were published, or fill it with an imputed estimate for the missing month. For some inflation-adjusted figures elsewhere in the tax code, that choice doesn’t change the final rounded answer. For the adoption credit, it did.
Using the eleven-month average, the unrounded 2027 maximum credit comes to $18,245.23, which rounds to $18,250. Using the October-imputed figure instead, the unrounded amount is $18,222.56, rounding to $18,220 — a real $30 difference in the final number. The IRS used the eleven-month average and published $18,250 in Revenue Procedure 2026-35, section 3.04; our eleven-month projection was exact. The phase-out threshold split the same way: $273,678.39 (rounding to $273,680) on the eleven-month path versus $273,338.46 (rounding to $273,340) on the imputed path, a $340 gap. The complete phase-out point, which is simply the threshold plus the fixed $40,000 range, follows along: $313,680 (official) or $313,340 (the reading the IRS did not use).
The refundable ceiling was the exception. Its unrounded values are $5,284.38 on the eleven-month path and $5,277.82 on the imputed path — close enough together that both round to the identical $5,280, which is the official figure. The other two, the maximum credit and the phase-out start, depended on the methodology question the IRS then resolved: $18,250 and $273,680.
Two worked examples
The clearest way to see how these pieces fit together is to run them for an actual family.
A special-needs adoption finalized in 2026, MAGI $150,000. Because the adoption is for a child with special needs and finalized in the year, section 23(a)(3) allows the full dollar limit regardless of what the family spent, and this family’s income is well below the $265,080 phase-out start, so nothing reduces it. The credit is the full $17,670. Of that, $5,120 is refundable — payable even against a small tax bill — and the remaining $12,550 is nonrefundable, usable against tax owed with any unused portion carried forward. Run the identical situation in 2027 and the numbers move to a credit of $18,250, a refundable portion of $5,280, and a nonrefundable remainder of $12,970.
A non-special-needs adoption with $20,000 of qualified expenses, MAGI $285,080. This family’s income sits above the phase-out start, so the credit gets reduced. For 2026: the excess over the $265,080 threshold is $20,000, and dividing that by the $40,000 range gives a fraction of 0.500. The credit is limited to the smaller of the $17,670 maximum or the $20,000 in expenses — that’s $17,670 — reduced by that same 0.500 fraction, leaving a credit of $8,835. The refundable portion is the smaller of $8,835 or the $5,120 ceiling, so $5,120 is refundable and $3,715 is nonrefundable.
Run the same family through 2027 at the same $285,080 MAGI, using the official figures: the excess over the $273,680 threshold is $11,400, and dividing by $40,000 gives a fraction of 0.285. The credit is limited to the smaller of the $18,250 maximum or the $20,000 in expenses — $18,250 — reduced by the 0.285 fraction, for a credit of $13,048.75, or $13,049 rounded to the nearest dollar. The refundable portion is the smaller of that amount or the $5,280 ceiling, so $5,280 is refundable and roughly $7,769 is nonrefundable.
| 2026 (confirmed) | 2027 (official) | |
|---|---|---|
| Maximum credit per child | $17,670 | $18,250 |
| Section 137 employer exclusion | $17,670 | $18,250 |
| Phase-out begins (MAGI) | $265,080 | $273,680 |
| Phase-out complete (MAGI) | $305,080 | $313,680 |
| Refundable ceiling per child | $5,120 | $5,280 |
| Special-needs adoption, MAGI $150,000: credit | $17,670 | $18,250 |
| — refundable portion | $5,120 | $5,280 |
| — nonrefundable remainder | $12,550 | $12,970 |
| $20,000 expenses, MAGI $285,080: credit | $8,835 | ~$13,049 |
| — refundable portion | $5,120 | $5,280 |
| — nonrefundable remainder | $3,715 | ~$7,769 |
The 2026 draft Form 8839, line by line
The IRS released a 2026 draft of Form 8839 on May 14, 2026, and its structure lays out exactly how the numbers above get built. Line 2 asks for the maximum adoption credit per child — $17,670 for 2026, versus $17,280 on the 2025 form. Line 3 subtracts any amount already claimed for the same child in a prior year, since the $10,000 base limit under section 23(b)(1) applies across all years combined, not fresh each year. Line 4 is line 2 minus line 3, and line 5 is the qualified adoption expenses actually paid. Line 6 takes the smaller of lines 4 and 5 — the mechanism that lets a special-needs adoption skip past the expense question and lets an ordinary adoption’s expenses cap out at the per-child limit.
Line 7 is modified adjusted gross income, and line 8 asks directly: is line 7 more than $265,080 (the 2025 form asked the same question at $259,190)? If so, line 9 divides the excess by $40,000, carried to at least three decimal places and capped at 1.000, and line 10 multiplies that fraction by line 6 to get the phase-out reduction. Line 11a is line 6 minus line 10 — the credit after phase-out — and line 11b is the smaller of line 11a or $5,120 per child, up from a flat $5,000 on the 2025 form. Line 11c totals the refundable amounts across all children, and that total becomes the refundable adoption credit reported on Form 1040 line 30 — money a family can receive even without enough tax liability to absorb it.
The remainder flows through the nonrefundable side. Line 12 totals line 11a across children, line 13 repeats the refundable total from line 11c, and line 14 is the difference — the nonrefundable portion before any carryforward. Line 15 adds in unused credit carried forward from prior years, and line 16 combines the two. Line 17 pulls a limit from the Credit Limit Worksheet, and line 18a is the smaller of line 16 or line 17: the nonrefundable adoption credit that goes to Schedule 3 (Form 1040), line 6c. Whatever doesn’t fit becomes a carryforward to 2027, which the 2026 form now records on a new line 18b; the draft 2026 instructions say it “has been added to help taxpayers keep track of any nonrefundable credit carryforward they have available for the following tax year.” A family claiming the refundable portion on line 13 must also complete Schedule 3-A, the new federal public benefit schedule — “If you claim the refundable adoption credit, you must complete Schedule 3-A (Form 1040)” — which our Schedule 3-A guide walks through. And if the IRS raised your 2025 refundable credit under its carryforward adjustment, the carryforward that enters line 15 must be recomputed first, as explained in our guide to the 2025 adoption credit carryforward refunds. Part III of the same form covers employer-provided adoption benefits under section 137 separately, using the identical dollar figures. This site’s Form 1040 2026 draft line-by-line guide covers where line 30 sits among the rest of that year’s draft form.
Refundable, nonrefundable, and the difference it makes
The split between lines 11b and 18a is the practical heart of the change that began with 2025 returns, when the refundable slice debuted at a flat $5,000. Before section 23(a)(4) existed, a family with little tax liability — a young family early in their careers, for instance, or one that had just added significant childcare expenses — could see much of a large adoption credit go unused in the year it was claimed, sitting instead as a carryforward against future tax bills that might be years away. The refundable floor changes that calculation directly: up to $5,120 per child for 2026, or $5,280 for 2027, comes back to the family regardless of what they owe, the same way the refundable portion of other credits functions. The remainder above that floor still works the old way — usable against tax owed, with anything left over carried forward to future years rather than lost.
That distinction is worth tracking child by child in a multi-child adoption, since both the $10,000 lifetime base limit and the $5,000 refundable base apply per child, not as a single household total. A family adopting two children in the same year runs the Form 8839 computation twice, once per child, before totaling the results on lines 11c and 12.
The calendar from here
Revenue Procedure 2025-32 confirmed the 2026 figures, and Revenue Procedure 2026-35, section 3.04, released November 5, 2026, confirmed the 2027 figures: $18,250, $273,680 and $5,280. The $18,220 and $273,340 figures described above are the October-imputed reading the IRS did not use. Families weighing the timing of a pending adoption against these thresholds, or checking how the credit interacts with other family-related benefits, can also see this site’s 2027 Child Tax Credit page and the 2027 IRS inflation adjustments tracker.
Correction, November 11, 2026: An earlier version said the refundable portion of the adoption credit first applied in 2026. It applies to taxable years beginning after December 31, 2024, so 2025 returns were the first, at a flat $5,000 per child.
Sources
- 26 U.S.C. § 23 — law.cornell.edu/uscode/text/26/23
- 26 U.S.C. § 137 — law.cornell.edu/uscode/text/26/137
- Rev. Proc. 2026-35, §§ 3.04 and 3.20 (2027 adoption credit and employer assistance exclusion) — irs.gov/pub/irs-drop/rp-26-35.pdf
- IRS news release IR-2026-133, November 5, 2026 — irs.gov/newsroom/irs-releases-tax-inflation-adjustments-for-tax-year-2027-taxpayers-continue-to-benefit-from-the-working-families-tax-cuts
- Rev. Proc. 2025-32, §§ 4.04, 4.18 (2026 adoption credit and employer assistance exclusion) — irs.gov/pub/irs-drop/rp-25-32.pdf
- 2026 draft Form 8839 (released May 14, 2026) — irs.gov/pub/irs-dft/f8839—dft.pdf
- 2025 Form 8839 — irs.gov/pub/irs-pdf/f8839.pdf
- Draft 2026 Instructions for Form 8839 (dated November 6, 2026) — irs.gov/pub/irs-dft/i8839—dft.pdf
- Public Law 119-21, § 70402 (adding the refundable adoption credit under 26 U.S.C. § 23(a)(4)), as reflected in the Legal Information Institute’s amendment notes to 26 U.S.C. § 23
- Bureau of Labor Statistics, Chained CPI-U series SUUR0000SA0 — api.bls.gov/publicAPI/v2/timeseries/data/
- finbarrow, IRS 2027 inflation adjustments tracker — companion page for the shared CPI window
Quick answers
What is the official 2027 adoption tax credit amount?
$18,250, above the confirmed 2026 amount of $17,670, as the IRS published in Revenue Procedure 2026-35, section 3.04, released November 5, 2026. That figure is the maximum credit for a special-needs adoption finalized in the year, and the ceiling on qualified expenses for any other adoption. The identical dollar amount also caps the employer-provided adoption assistance exclusion under 26 U.S.C. section 137 (section 3.20). Our projection had two figures, $18,250 from averaging the eleven published months of the CPI window and $18,220 from imputing the missing October 2025 reading. The IRS used the eleven-month average, so $18,220 is the reading it did not use.
When did part of the adoption tax credit become refundable?
On 2025 returns. Section 70402 of Public Law 119-21, the 2025 tax law, added 26 U.S.C. section 23(a)(4), which treats up to $5,000 of the adoption credit as refundable rather than limited to tax owed, and section 70402(d) applies it to taxable years beginning after December 31, 2024. The 2025 Form 8839 therefore carried a flat $5,000 cap per child on line 11b. Indexing of that $5,000 starts a year later under section 23(h)(3), with calendar year 2024 as the base, which is why the 2026 refundable ceiling is $5,120 and 2027 is $5,280 (Revenue Procedure 2026-35, section 3.04). For 2025 only, the IRS is also letting carryforwards from 2020 to 2024 count toward the refundable portion and is adjusting accounts on its own.
Did the missing October 2025 CPI report change the 2027 adoption credit?
It could have, for two of the three key figures. The maximum credit came out to $18,250 using the eleven published months or $18,220 filling the gap with an imputed October reading, and the phase-out threshold likewise split between $273,680 and $273,340. The IRS used the eleven-month average, so the official figures are $18,250 and $273,680. The refundable ceiling landed the same way regardless: $5,280 either way, because its unrounded values on both paths were close enough to round to the identical multiple of $10.
How does the adoption tax credit phase-out work?
Under 26 U.S.C. section 23(b)(2)(A), the credit phases out over a $40,000 modified adjusted gross income range starting at a base of $150,000, indexed the same way as the credit itself: $265,080 for 2026 and $273,680 for 2027 (the IRS did not use the $273,340 October-imputed reading). The $40,000 range is not itself adjusted for inflation, so it stays fixed while the starting point moves. Form 8839 line 9 divides the excess MAGI over the threshold by $40,000, carried to at least three decimal places, and applies that fraction to reduce the credit.
What changed on the 2026 draft Form 8839 compared to the 2025 form?
Three lines moved with the inflation adjustments in Revenue Procedure 2025-32: line 2, the maximum credit per child, rose from $17,280 to $17,670; line 8, the phase-out question threshold, rose from $259,190 to $265,080; and line 11b, the refundable cap per child, rose from a flat $5,000 to $5,120 — the first year that line reflects indexing instead of the statutory base amount. Two more changes arrived with the draft 2026 instructions: the single line 18 of 2025 becomes line 18a, the nonrefundable credit that goes to Schedule 3 line 6c, plus a new line 18b that records the carryforward to 2027; and anyone claiming the refundable portion must also complete the new Schedule 3-A. The refundable amount still goes to Form 1040 line 30.
Educational content only. finbarrow is an independent editorial publication, not a licensed financial advisor, broker, tax preparer, or attorney. Verify rates and terms with the issuer or relevant regulator. See disclaimers and funding disclosures.