II 111th CONGRESS 1st Session S. 2816 IN THE SENATE OF THE UNITED STATES November 21, 2009 Mr. Bunning (for himself, Mr. Nelson of Nebraska, Mr. Brownback, Mr. Burr, Mr. Casey, Mr. Chambliss, Ms. Collins, Mr. Enzi, Mr. Inhofe, Mr. Isakson, Mr. Johnson, Mr. Roberts, Mr. Thune, and Mr. Vitter) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To repeal the sunset of the Economic Growth and Tax Relief Reconciliation Act of 2001 with respect to the expansion of the adoption credit and adoption assistance programs and to allow the adoption credit to be claimed in the year expenses are incurred, regardless of when the adoption becomes final.

1.

Short title

This Act may be cited as the Adoption Tax Relief Guarantee Act.

2.

Repeal of applicability of sunset of the Economic Growth and Tax Relief Reconciliation Act of 2001 with respect to adoption credit and adoption assistance programs

Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by adding at the end the following new subsection: (c)

Exception

Subsection (a) shall not apply to the amendments made by section 202 (relating to expansion of adoption credit and adoption assistance programs). .

3.

Allowance of adoption credit in year of expenses

(a)

In general

Paragraph (2) of section 23(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended to read as follows: (2)

Year credit allowed

The credit under paragraph (1) with respect to any expense shall be allowed for the taxable year in which such expense is paid or incurred. . (b)

Effective date

The amendment made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2010.