Adoptive parents are having to wait at least four months, sometimes twelve months or more, to get any of their tax refund even though they have mailed in their return with everything proving they adopted a special needsor other child. Unnecessary IRS delays are hurting families of these children.

The adoption tax credit was made refundable for tax years 2010 and 2011. Many people still do not have their 2010 tax refund because of IRS delays processing these return for no reason. Some people have sent in the same documents proving their adoption five or more times because the IRS shreds the documents and weeks later they request everything again. It is expected for the IRS to make sure only those entitled to get the adoption tax credit actually receive it... but what they are doing is a huge waste of taxpayer funds, and a violation of rights for adoptive parents.

Adoptive parents of "special needs children" have to provide the IRS proof they adopted their child when they mail in their tax return. This proof consists of court or legal documents such as: finalized adoption decree, subsidy agreements, adoption assistance agreement showing proof the child is a special needs child. Special needs children "as defined by the IRS" are foster children and their biological parent's parental rights have been terminated. These children need adopted to get out of the foster care system so they have permanent homes. Many of these children have severe health problems, are from multiple sibling groups, or they are hard to place for emotional, mental or behavior issues... many times because of abuse/neglect. The IRS makes adoptive parents mail in their tax return for tax years 2010 & 2011 with supporting court documents proving the adoption. Requiring proof is good, but what the IRS does next is not. They shred the supporting documents ( according to IRS agents) that parents mailed in and then weeks later send these returns across the country to another state to be reviewed or "audited" by an IRS examiner... with nothing showing proof of the adoption. A few weeks later two letter are sent out about 3 or 4 weeks apart. First letter says do nothing but wait 45 days to hear something - your return is being reviewed. When the second letter is sent out it says the adoptive parents have to send in all the supporting documents again. After the IRS receives everything again, the return sits in waiting for at least 8 more weeks for an examiner to look at it. Then, once they look at it they either ask for additonal info (same documents again) or approve the refund. If approved, it takes another 6 to 12 weeks to get a check or direct deposit issued. The majority of returns with the adoption tax credit are being held or audited for 4 to 12 months... even after all required documentation proving the adoption has been received by the IRS months prior.

The IRS was investigated for tax year 2010 for unnecessary delays of refunds for returns with the adoption tax credit. It was found that 73% of the returns were delayed for absolutely no reason. This year, for 2011 returns, the IRS is delaying these returns just the same and have made no changes to speed their process and continue to shred the documents (instead of scanning them into their system)needed to process these refunds. Why the waste of time and taxpayer funds for extra delays and mailing out continued letters over and over? Shredding the documents adoptive parents send in, mailing out these repeated letters and requesting the same information they dispose of, and all the delays in processing are hurting adoptive families.

Our government approved the law making the adoption tax credit refundable to help adoptive families, to get foster kids in forever homes and out of foster care...as well as many other children in need of permanency - adopted. The IRS continues to delay refunds for these tax returns. Delaying the release of these refunds is a violation of these adoptive parent's rights as taxpayers.

Please sign this petition to help STOP the unnecessary delays in processing the tax refunds for parents who have adopted special needs children.