WASHINGTON — Amidst a wave of social media confusion regarding a “new $5,000 government payment,” the Internal Revenue Service (IRS) is clarifying that this money is actually a major update to the existing Adoption Tax Credit.
For the 2026 filing season (tax year 2025), a significant change in federal law has made the credit partially refundable for the first time in over a decade. This means that even if a family owes zero in federal taxes, they can now receive a cash refund of up to $5,000 per eligible child.
1. What is the $5,000 “Refund”?
The confusion stems from the “One, Big, Beautiful Bill” (the Working Families Tax Cuts), signed by President Trump in July 2025.
- The Enhancement: While the total Adoption Tax Credit for 2025 is capped at $17,280 per child, it was previously “non-refundable,” meaning it could only reduce your tax bill to zero.
- The New Refundable Portion: Families can now receive up to $5,000 as a direct refund if the credit exceeds their total tax liability. Any remaining credit (up to the $17,280 cap) can be carried forward for up to five years as a non-refundable credit.
- Carryforward Success: In a recent breakthrough, IRS CEO Frank Bisignano announced that carryforward amounts from 2020–2024 are now also eligible for this $5,000 refundability, a move praised by adoptive families and advocates like Senator Kevin Cramer.
2. Who Qualifies for the Payment?
The credit is strictly for families who have initiated or finalized the adoption of a child under age 18.
- Eligible Expenses: Agency fees, court costs, attorney fees, and travel expenses (including meals and lodging) directly related to the adoption.
- Special Needs Adoption: If the state determines a child has “special needs” (often the case in foster care adoptions), the family qualifies for the full $17,280 credit—including the $5,000 refund—even if their out-of-pocket expenses were zero.
- Income Limits: For the 2025 tax year, the credit begins to phase out for families with a Modified Adjusted Gross Income (MAGI) above $259,190 and is completely unavailable for those earning over $299,190.
3. Avoiding Scams and Misinformation
IRS CEO Bisignano—who also serves as the Commissioner of the Social Security Administration—has warned taxpayers against “viral” misinformation.
- It’s Not Universal: This is not a stimulus check for all Americans; it is specifically for qualified adoption expenses.
- Filing Requirements: To claim the benefit, taxpayers must file IRS Form 8839 (Qualified Adoption Expenses) along with their Form 1040.
Adoption Credit Quick Guide: 2025 vs. 2026
| Feature | Tax Year 2025 (Filing 2026) | Tax Year 2026 (Filing 2027) |
| Max Total Credit | $17,280 | $17,670 |
| Refundable Portion | Up to $5,000 | Up to $5,120 |
| Full Phase-Out | $299,190 MAGI | $305,080 MAGI |
| Carryforward | 5-Year limit | 5-Year limit |

