59-10-1114. Refundable adoption expense tax credit.
(1) As used in this section: "Adoption expense" means the same as that term is defined in Section. 59-10-1046 "Domestic adoption" means the same as that term is defined in Section. 59-10-1046 "Qualifying child" means the same as that term is defined in Section. 59-10-1046 "Qualifying claimant" means a claimant: whose adjusted gross income is: for a claimant who files a federal income tax return jointly with the claimant's spouse, less than $55,000; and for a claimant who files a federal income tax return other than jointly, less than $27,500; 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 who applies for and receives a certification described in Sectionfrom the Department of Workforce Services. 35A-1-111 "State or federal assistance" means the same as that term is defined in Section. 59-10-1046
(2) Subject to Sectionand other provisions of this Subsection, a qualifying claimant is eligible to claim a refundable tax credit equal to the lesser of: 59-10-1102.1 (2) $3,500; or the amount of the qualifying claimant's adoption expenses. A qualifying claimant who claims the tax credit described in Subsectionshall claim the tax credit for the taxable year in which the adoption is finalized. (2)(a)
(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.