La. R.S. 47:297.23 — Tax credit; adoption

A.(1) There shall be allowed a refundable credit against the tax imposed by this
Chapter for a taxpayer who adopts a child who is unrelated to the taxpayer and who is no
more than two years of age. The amount of the credit shall be equal to five thousand dollars
and shall be claimed in the year in which adoption of the child becomes final. For purposes
of this Section, the age of the child shall be determined at the time of the adoption placement.
(2) The tax credit authorized pursuant to the provisions of this Section shall not
apply to the adoption of a child from foster care as defined in Children's Code Article 603.
(3) A taxpayer who claims the credit authorized pursuant to the provisions of this
Section shall be prohibited from also claiming the deduction authorized pursuant to the
provisions of R.S. 47:297.21 for the adoption of the same child.
B.(1) If the amount of the credit authorized pursuant to the provisions of this Section
exceeds the amount of the taxpayer's tax liability for the taxable year, the excess tax credit
amount shall constitute an overpayment as defined in R.S. 47:1621(A), and the secretary
shall make a refund of the overpayment from the current collections of the taxes imposed
pursuant to this Chapter. The right to a refund shall not be subject to the requirements of
R.S. 47:1621(B).
(2) The taxpayer shall maintain all records necessary to verify the adoption and, if
requested, shall provide the records to the Department of Revenue when filing the taxpayer's
tax return.
C. The secretary of the Department of Revenue may promulgate rules in accordance
with the Administrative Procedure Act to implement the provisions of this Section, including
rules related to the submission of documentation when claiming the credit.
D. No credits authorized by this Section may be claimed for any taxable year
beginning after December 31, 2028.