Refundable adoption expense tax credit

# (1)

As used in this section:

# (a)

"Adoption expense" means the same as that term is defined in Section 59-10-1046.

# (b)

"Domestic adoption" means the same as that term is defined in Section 59-10-1046.

# (c)

"Qualifying child" means the same as that term is defined in Section 59-10-1046.

# (d)

"Qualifying claimant" means a claimant:

(i) whose adjusted gross income is:

(A) for a claimant who files a federal income tax return jointly with the claimant's spouse, less than $55,000; and

(B) for a claimant who files a federal income tax return other than jointly, less than $27,500;

(ii) who did not, and if the claimant is married, whose spouse did not, receive state or federal assistance during the taxable year in which the adoption is finalized; and

(iii) who applies for and receives a certification described in Section 35A-1-111 from the Department of Workforce Services.

# (e)

"State or federal assistance" means the same as that term is defined in Section 59-10-1046.

# (2)

# (a)

Subject to Section 59-10-1102.1 and other provisions of this Subsection (2), a qualifying claimant is eligible to claim a refundable tax credit equal to the lesser of:

(i)
$3,500; or

(ii) the amount of the qualifying claimant's adoption expenses.

# (b)

A qualifying claimant who claims the tax credit described in Subsection (2)(a) shall claim the tax credit for the taxable year in which the adoption is finalized.

# (3)

A qualifying claimant may not claim a credit under this section to the extent that the qualifying claimant claims a federal tax credit under 26 U.S.C. Sec. 23 for the same adoption expense.

# (4)

A qualifying claimant who is married may claim a tax credit under this section only if the qualifying claimant and the qualifying claimant's spouse file a joint federal income tax return.