Louisiana Administrative Code
Title 61 - REVENUE AND TAXATION
Part I - Taxes Collected and Administered by the Secretary of Revenue
Chapter 19 - Miscellaneous Tax Exemptions, Credits and Deductions
Section I-1931 - Credit for Adoption of Unrelated Infant
Universal Citation: LA Admin Code I-1931
Current through Register Vol. 50, No. 9, September 20, 2024
A. General
1. For tax periods beginning on or after
January 1, 2023, and prior to January 1, 2029, Revised Statute 47:297.23
authorizes a refundable individual income tax credit for the adoption of
certain unrelated children equal to $5,000, per child.
2. The credit shall be allowed against the
income tax liability for the taxable period in which the adoption is
finalized.
B. Definition
Unrelated-a taxpayer is unrelated if he or she is not the child's parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
C. Claiming the Tax Credit
1. The taxpayer claiming the credit shall be
listed as an adoptive parent on the adoption order or decree.
2. The credit is equal to $5,000 per
child.
3. In the case of two
adoptive parents who do not file jointly as a married couple, the credit shall
be claimed by the taxpayer claiming the child as a dependent on his or her
federal and Louisiana individual income tax returns, unless provided for
differently by the adoption order or decree.
4. The following documentation shall be
attached to and filed with the individual income tax return on which the credit
is claimed:
a. a copy of the adoption order
or decree, and
b. a letter from the
private agency as defined in Louisiana Children's Code Article 1169(1), or
attorney who facilitated the adoption stating when the infant was placed with
the adoptive parents.
5.
Failure to provide the documentation required in Paragraph 4 of this Subsection
shall result in disallowance of the credit.
D. Other Tax Benefits Disallowed. A taxpayer claiming an adoption tax credit shall not receive a deduction pursuant to R.S. 47:297.21 for the same child.
AUTHORITY NOTE: Promulgated in accordance with R.S. 47:297.23 and 1511.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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