Overview

Title

To amend the Internal Revenue Code of 1986 to establish the childcare provider startup credit, to increase the amount of and make refundable the expenses for household and dependent care credit, and for other purposes.

ELI5 AI

H.R. 10041, called the "LITTLE Act of 2024," is like a plan to make it easier for people to start businesses that take care of kids, and it also gives families more money back when they pay for someone to watch their kids while they work. It helps by giving money back on their taxes, so families can spend less on childcare.

Summary AI

H.R. 10041, known as the "LITTLE Act of 2024," seeks to amend the Internal Revenue Code to support childcare services. The bill proposes the creation of a new tax credit for businesses starting childcare services, covering 30% of their related expenses up to $10,000. It also aims to increase and make refundable the tax credit for household and dependent care services necessary for employment, allowing individuals to claim up to $15,000 of such expenses. These changes are intended to make childcare more affordable and support working families in the United States.

Published

2024-10-25
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-10-25
Package ID: BILLS-118hr10041ih

Bill Statistics

Size

Sections:
5
Words:
3,198
Pages:
16
Sentences:
57

Language

Nouns: 803
Verbs: 251
Adjectives: 207
Adverbs: 24
Numbers: 151
Entities: 140

Complexity

Average Token Length:
3.98
Average Sentence Length:
56.11
Token Entropy:
5.11
Readability (ARI):
28.70

AnalysisAI

The bill introduced aims to amend the Internal Revenue Code of 1986, establishing tax credits specifically designed to support childcare providers and families incurring expenses for household and dependent care. Specifically, it introduces the “Lowering Infant and Toddler Tuition for Learning and Education Act of 2024,” otherwise referred to as the “LITTLE Act of 2024.” This legislation has two primary focuses: creating a childcare provider startup credit and enhancing the household and dependent care tax credit, making it refundable.

General Summary

The bill proposes beneficial measures to ease the financial burdens faced by both families and childcare providers. First, it allows a “Childcare Provider Startup Credit,” enabling qualifying taxpayers to claim 30% of their startup childcare expenses as a credit against their taxes. However, this is capped at a total of $10,000. For the families, the bill also suggests making the expenses related to household and dependent care services necessary for gainful employment more accessible by increasing the credit available and making it refundable.

Significant Issues

The bill introduces a childcare provider startup credit, but it lacks clarity in defining certain key terms, such as what constitutes a “significant portion of the taxable year” during which services must be provided. This lack of specificity could lead to inconsistent determination of eligibility among providers. Additionally, the $10,000 cap on credits might not be appropriate across all regions given that startup costs can vary significantly. For families, the enhancements to the care credit system are promising, yet there is some ambiguity concerning eligibility criteria and protections against potential misuse of the credits. Additionally, excluding overnight camp expenses from eligible credits could unfairly disadvantage families reliant on such services due to non-traditional work hours.

Broad Public Impact

If enacted, the bill could provide substantial financial relief for startup childcare providers and families requiring dependent care to maintain employment. The financial incentives might encourage more individuals to enter the childcare business, possibly increasing the availability of childcare services across different regions. Moreover, making the household and dependent care credit refundable could make a significant difference for low-income families, who often face challenges covering childcare costs while balancing work responsibilities.

Impact on Specific Stakeholders

Childcare Providers: New entrants into the childcare sector could benefit greatly, particularly in areas where startup costs are manageable within the $10,000 credit cap. However, providers in high-cost regions might find the cap insufficient, potentially limiting the bill’s effectiveness for them.

Families: The increased, refundable care credits stand to benefit many families by reducing out-of-pocket childcare expenses, fostering greater work participation among parents, and enhancing overall family stability.

Tax Authorities: The implementation of the bill may require careful monitoring to prevent fraudulent claims. Tax authorities could face increased administrative burdens to ensure compliance and safeguard against misuse of the refundable credit provisions.

Existing Programs: Potential conflicts with existing state and federal assistance programs pose challenges that need addressing to avoid overlaps or compliance issues, which could inadvertently affect eligible recipients’ benefits.

Overall, the bill presents promising efforts to support childcare providers and families seeking dependent care, although it faces certain practical and administrative challenges that need resolution for broader efficacy and fairness.

Financial Assessment

The Little Act of 2024, also known as H.R. 10041, introduces several financial measures aimed at making childcare services more accessible and affordable. The bill focuses primarily on financial incentives designed to encourage the establishment of childcare providers and to provide tax credits for household and dependent care costs.

Childcare Provider Startup Credit

One of the central financial allocations in the bill is the introduction of the childcare provider startup credit. This provision allows businesses that start new childcare services to claim a tax credit worth 30% of their startup expenses, subject to a cap of $10,000. However, the bill may encounter challenges concerning this financial provision. The cap might not adequately compensate for the varied startup costs across different regions, leading to potential disadvantages for providers in areas where doing business is more costly.

Moreover, the qualifying criteria for businesses to obtain this credit include providing services to two or more children for a "significant portion of the taxable year." The lack of clear definition for what constitutes a "significant portion" could lead to inconsistent application of the credit, resulting in financial uncertainties for businesses seeking to utilize this incentive.

Household and Dependent Care Credit

The bill also addresses household and dependent care expenses with an increase in the credit provided to eligible taxpayers. Individuals can claim expenses up to $7,500 if they have one qualifying individual, and up to $15,000 for two or more qualifying individuals. The tax credit can now be made refundable, allowing taxpayers to receive a refund if their credit exceeds their tax liability.

This aspect addresses affordability but raises concerns regarding anti-fraud measures. The bill does not clearly outline provisions to prevent fraudulent claims, a critical oversight that could impact the ethical distribution of these financial benefits. Without stringent measures, there is potential for abuse, which could sway public confidence and result in financial losses.

Additional Considerations

The exclusion of overnight camp expenses from eligible employment-related costs is another financial decision with significant implications. Taxpayers who work non-traditional hours or require unique childcare arrangements might find themselves financially disadvantaged, as these critical expenses are excluded from the creditable employment-related expenses.

Further, the application of cost-of-living adjustments aims to elevate the credit limits in future years. However, the formula for this adjustment, which refers to calendar year 2023, may not account for rapid inflationary changes. This insensitivity could lead to inaccuracies in credit allocation, affecting taxpayers' financial planning and undermining the bill's intent to provide consistent, equitable childcare support.

Overall, while the bill's financial references aim to support working families and stimulate the childcare industry, several areas require careful consideration to avoid financial inconsistencies and ensure the bill achieves its intended economic impact without unintended negative consequences.

Issues

  • The definition of 'significant portion of the taxable year' in Section 2, subsections (b)(2) and 45BB(b)(2) is vague and could result in inconsistent application, which could lead to legal and financial ambiguities for taxpayers seeking to qualify for the childcare provider startup credit.

  • The provision in Section 2 and 45BB(d) that caps the childcare provider startup credits at $10,000 may not adequately address variations in startup costs across different regions, potentially disadvantaging providers in higher-cost areas, and this financial limitation might be significant to providers and the general public relying on these services.

  • Section 3 and 36C introduce increased and refundable household and dependent care credits, yet there are concerns related to anti-fraud measures, as it lacks clarity on preventing abuse or fraudulent claims, which is critical for the ethical administration of these credits.

  • The criteria described in Section 3 and 36C for qualifying individuals and dependent care centers (such as those receiving a fee or grant to provide care) may not adequately ensure safety or quality, raising ethical and legal concerns about the welfare of dependents being cared for.

  • The exclusion of overnight camp expenses from eligible employment-related expenses in Section 3, subsection (b)(2)(A) might disadvantage taxpayers working non-traditional hours or with unique care needs, which could lead to financial and social implications for affected families.

  • Potential conflicts with existing federal or state childcare support programs are not addressed in Section 2, increasing the risk of overlapping or conflicting provisions, which could create legal and financial confusion for providers and recipients of these services.

  • The inflation adjustment mechanism in Section 3, subsection (e) uses cost-of-living adjustments that could be insensitive to rapid inflation, leading to inaccuracies in financial planning and credit allocation for taxpayers.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states its short title, which is the “Lowering Infant and Toddler Tuition for Learning and Education Act of 2024” or simply, the “LITTLE Act of 2024”.

2. Childcare provider startup credit Read Opens in new tab

Summary AI

The proposed section adds a new tax credit for childcare providers, allowing qualified taxpayers to claim 30% of their startup childcare expenses as a credit against their taxes, with a maximum limit of $10,000 in total credits. This credit is part of the general business credit and cannot be used for expenses that are already covered by other credits or deductions under the tax code.

Money References

  • (d) Limitation.—The aggregate amount of credits determined under subsection (a) for any taxpayer in all taxable years may not exceed $10,000. “

45BB. Childcare provider startup credit Read Opens in new tab

Summary AI

The section introduces a Childcare Provider Startup Credit, which allows qualified taxpayers to receive a tax credit for 30% of their startup expenses related to establishing and operating a childcare service, up to a total of $10,000. To qualify, the taxpayer must adhere to state or local childcare regulations and have provided care for at least two children for a significant part of the year.

Money References

  • (b) Qualified taxpayer.—For purposes of this section, the term “qualified taxpayer” means, with respect to a taxable year, a taxpayer that— (1) provides childcare services in compliance with any applicable State or local requirements for such services, (2) provided such services to 2 or more children for a significant portion of the taxable year. (c) Qualified childcare startup expenses.—For purposes of this section, the term “qualified childcare startup expenses” means, with respect to a taxable year, a start-up expenditure (as defined in section 195(c)(1)) paid or incurred during the 2-year period ending on the last day of such taxable year to establish and operate a childcare service. (d) Limitation.—The aggregate amount of credits determined under subsection (a) for any taxpayer in all taxable years may not exceed $10,000. (e) Application with other credits.

3. Household and dependent care credit increased and made refundable Read Opens in new tab

Summary AI

The bill introduces "Section 36C" to the Internal Revenue Code, which increases and makes refundable the tax credit for household and dependent care expenses necessary for employment. This credit allows individuals with qualifying dependents, such as young children or disabled family members, to claim a portion of their care expenses, with specific limitations and rules on income thresholds and eligible expenses.

Money References

  • “(2) APPLICABLE PERCENTAGE DEFINED.—For purposes of paragraph (1), the term ‘applicable percentage’ means 50 percent reduced (but not below 35 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $15,000.
  • “(c) Dollar limit on amount creditable.—The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed— “(1) $7,500 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or “(2) $15,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year.
  • — “(1) IN GENERAL.—Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed— “(A) in the case of an individual who is not married at the close of such year, such individual’s earned income for such year, or “(B) in the case of an individual who is married at the close of such year, the lesser of such individual’s earned income or the earned income of his spouse for such year. “(2) SPECIAL RULE FOR SPOUSE WHO IS A STUDENT OR INCAPABLE OF CARING FOR HIMSELF.—In the case of a spouse who is a student or a qualifying individual described in subsection (b)(1)(C), for purposes of paragraph (1), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than— “(A) $250 if subsection (c)(1) applies for the taxable year, or “(B) $500 if subsection (c)(2) applies for the taxable year.
  • — “(1) IN GENERAL.—In the case of any taxable year beginning after 2024, the dollar amounts in this section shall be increased by an amount equal to— “(A) such dollar amount, multiplied by “(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii). “(2) ROUNDING.—If any increase under paragraph (1) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10.

36C. Expenses for household and dependent care services necessary for gainful employment Read Opens in new tab

Summary AI

The section discusses a tax credit for individuals with dependents who need care to be able to work. It specifies the details of who qualifies as a dependent, what types of care expenses can be claimed, the income limits for claiming the credit, and certain conditions such as filing a joint tax return if married.

Money References

  • , the term “applicable percentage” means 50 percent reduced (but not below 35 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $15,000.
  • — (A) IN GENERAL.—The term “employment-related expenses” means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: (i) expenses for household services, and (ii) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer’s household at a camp where the qualifying individual stays overnight. (B) EXCEPTION.—Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer’s household shall be taken into account only if incurred for the care of— (i) a qualifying individual described in paragraph (1)(A), or (ii) a qualifying individual (not described in paragraph (1)(A)) who regularly spends at least 8 hours each day in the taxpayer’s household. (C) DEPENDENT CARE CENTERS.—Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer’s household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if— (i) such center complies with all applicable laws and regulations of a State or unit of local government, and (ii) the requirements of subparagraph (B) are met. (D) DEPENDENT CARE CENTER DEFINED.—For purposes of this paragraph, the term “dependent care center” means any facility which— (i) provides care for more than six individuals (other than individuals who reside at the facility), and (ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). (c) Dollar limit on amount creditable.—The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed— (1) $7,500 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or (2) $15,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year.
  • — (1) IN GENERAL.—Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed— (A) in the case of an individual who is not married at the close of such year, such individual’s earned income for such year, or (B) in the case of an individual who is married at the close of such year, the lesser of such individual’s earned income or the earned income of his spouse for such year. (2) SPECIAL RULE FOR SPOUSE WHO IS A STUDENT OR INCAPABLE OF CARING FOR HIMSELF.—In the case of a spouse who is a student or a qualifying individual described in subsection (b)(1)(C), for purposes of paragraph (1), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than— (A) $250 if subsection (c)(1) applies for the taxable year, or (B) $500 if subsection (c)(2) applies for the taxable year.
  • — (1) IN GENERAL.—In the case of any taxable year beginning after 2024, the dollar amounts in this section shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2023” for “calendar year 2016” in subparagraph (A)(ii). (2) ROUNDING.—If any increase under paragraph (1) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. (f) Special rules.—For purposes of this section— (1) PLACE OF ABODE.—An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. (2) MARRIED COUPLES MUST FILE JOINT RETURN.—If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year.