Overview
Title
To amend the Internal Revenue Code of 1986 to expand the employer-provided child care credit and the dependent care assistance exclusion.
ELI5 AI
The bill is like a plan to help moms and dads pay for places where their kids are taken care of while they work. It tries to make it so companies can get more money back if they help with child care, and it also lets families use more of their money without getting taxed when they spend on babysitters and daycares.
Summary AI
H.R. 1827, titled the “Child Care Availability and Affordability Act,” seeks to amend the Internal Revenue Code of 1986 to enhance benefits related to child care. It proposes to increase the employer-provided child care credit from 25% to 50% and raises the maximum credit from $150,000 to $500,000. For small businesses, these figures would be even higher, at 60% and $600,000 respectively. The bill also aims to increase the amount that can be excluded under dependent care assistance programs and makes improvements to the household and dependent care credit by increasing its amount and allowing it to be refundable.
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AnalysisAI
The proposed legislation, titled the "Child Care Availability and Affordability Act," is an initiative aimed at amending the Internal Revenue Code of 1986. It focuses on expanding certain child care-related tax benefits. The aim is to increase the financial support available for employer-provided child care and dependent care programs. Additionally, it seeks to enhance tax credits for household and dependent care services that are necessary for gainful employment.
General Summary of the Bill
At its core, this bill aims to expand tax credits and exclusions for child care and related services. The expansion of the employer-provided child care credit involves increasing the percentage of qualified expenditures a business can claim, as well as the maximum amount of credit available. Special provisions are included for small businesses to take advantage of higher percentages and credit limits.
Furthermore, the bill proposes increasing the amount that can be excluded from taxable income under dependent care assistance programs. It also introduces a refund mechanism for the household and dependent care credit, outlining comprehensive rules for defining eligible expenses and individuals. The bill encompasses adjustments to several sections of the Internal Revenue Code to align with these new provisions.
Summary of Significant Issues
Several significant issues arise from the proposed amendments:
Favoritism Toward Small Businesses: The bill includes special rules that increase benefits specifically for small businesses, which might raise concerns about favoritism. The rationale for why only smaller entities receive increased allowances is not explicitly detailed.
Ambiguity and Complexity: Terminologies and cross-references within the bill, such as “jointly owned or operated childcare facility,” are insufficiently defined, which could lead to ambiguity and inconsistent application of the law.
Justification and Impact on Spending: The proposal to increase the excludable amount for dependent care assistance programs lacks comprehensive justification or an analysis of how it will affect government spending and budget allocations.
Complex Income Thresholds: The method of calculating the applicable percentage for household and dependent care credits involves complex income thresholds, posing potential challenges for taxpayers in correctly applying these rules.
Concerns about Credit Limits: The prescribed limits for credits on household and dependent care services may not adequately account for rising care costs, particularly in high-cost areas, potentially limiting the effectiveness of the credit.
Impact on the Public
The broader public is likely to view the expansion of tax credits and exclusions as a positive development for making child care more financially accessible. Families may find it easier to afford quality child care, potentially enhancing workforce participation, especially among parents.
However, the complexity of the bill's provisions may necessitate a greater dependency on tax professionals, which could negate some of the financial benefits intended by the act. The complexity could deter some individuals from fully utilizing the benefits due to the challenges in understanding and applying the detailed rules.
Impact on Specific Stakeholders
Employers: Employers, especially small businesses, stand to benefit significantly from increased credits and flexibility in joint childcare arrangements. This could also encourage more businesses to offer childcare benefits, thus becoming more competitive in attracting talent.
Families: Families with young children or dependents requiring care could experience a financial reprieve, as the expanded credits and exclusions result in reduced taxable income. This financial support can lead to more disposable income for families.
Tax Professionals: The complexity of the provisions or the necessity for compliance might create additional work for tax advisors and preparers, who can assist taxpayers in navigating these new rules.
While the proposed amendments provide opportunities for significant financial relief for businesses and families, the impact greatly depends on the individual's ability to navigate and apply the complex stipulations within the bill. The bill's success will largely hinge on how these complexities are communicated and managed post-enactment, ensuring clarity and ease of understanding for the public.
Financial Assessment
The "Child Care Availability and Affordability Act,” identified as H.R. 1827, seeks to bring about financial changes focusing on child care benefits through amendments to the Internal Revenue Code of 1986. Here's an analysis of the financial aspects of the bill:
Employer-Provided Child Care Credit
The bill proposes to modify the employer-provided child care credit, increasing it from 25% to 50%, while also raising the maximum credit from $150,000 to $500,000 for businesses. For small businesses, these figures are increased further to 60% and $600,000 respectively. This significant change aims to incentivize employers to offer or enhance child care support. However, as identified in the issues list, the special provisions for small businesses might raise concerns about favoritism, as the bill does not provide a clear rationale for these increased benefits exclusive to smaller entities, potentially leading to perceptions of unfair treatment or competitive imbalance.
Dependent Care Assistance Program
Another financial reference is within the realm of dependent care assistance. The excludable amount under these programs is proposed to be increased from $5,000 to $7,500. This increase aims to allow families to save more on taxes by using pre-tax dollars for child care expenses. Nonetheless, the bill lacks a detailed justification for this enhanced provision, making it vulnerable to scrutiny from entities concerned with budget impacts and government spending.
Household and Dependent Care Credit
The legislation also addresses the household and dependent care credit by adjusting the calculation of the credit's "applicable percentage." The base percentage is set at 50%, which decreases according to specific income thresholds. This percentage is reduced by 1 point for each $2,000 of income exceeding $15,000, and further once income surpasses $150,000. While this approach aims to benefit lower-income families more significantly, it introduces complexity that could challenge taxpayers in understanding how income affects their eligibility and credit amount.
Dollar Limits and Complexity
Moreover, the cap on creditable expenses is set at $5,000 for one qualifying individual and $8,000 for two or more qualifying individuals. As costs for care services continue to rise, these limits may be perceived as insufficient, calling for a reevaluation of these thresholds to better match actual expenses faced by families today.
The bill's intricate conditions and requirements, particularly those around the calculation of credits and eligibility, might necessitate taxpayers to seek professional advice to ensure compliance and maximize their benefit usage effectively. This reliance on professional financial or tax advisors could be seen as an additional, albeit indirect, cost associated with understanding newly implemented rules.
Overall, H.R. 1827 introduces substantial financial changes that could greatly affect the affordability and accessibility of child care. However, the complexities and potential favoritism embedded in its financial allocations require careful consideration to mitigate inequities and misunderstandings among taxpayers.
Issues
The expansion of the employer-provided child care credit includes a special rule that increases benefits specifically for small businesses, raising potential concerns about favoritism towards smaller entities without a clear rationale (Section 2).
The bill lacks specific definition or standard references for key terms such as 'jointly owned or operated childcare facility', which could lead to ambiguity and inconsistent application (Section 2).
The increase in the excludable amount for dependent care assistance programs from $5,000 to $7,500 is introduced without detailed justification or analysis of its impact on government spending, which may draw questions from budget-conscious entities (Section 3).
The calculation of the 'applicable percentage' for the household and dependent care credit involves complex income thresholds, which could pose significant challenges for taxpayers attempting to understand and apply these rules accurately (Sections 4 and 36C).
Conforming amendments involve extensive cross-referencing and repealing prior sections, which adds complexity and may lead to difficulties in navigating and understanding these changes without supportive documentation (Section 36C).
There are concerns regarding the dollar limits on credits for household and dependent care services, which may be viewed as insufficient, especially as the costs of care continue to rise in certain areas (Section 36C).
The increased complexity of conditions and requirements, such as rules pertaining to identifying information, place of abode, and payments to related individuals, may require taxpayers to seek professional advice to ensure compliance (Sections 4 and 36C).
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
Summary: This section specifies that the name of the law is the "Child Care Availability and Affordability Act."
2. Expansion of employer-provided child care credit Read Opens in new tab
Summary AI
The section expands the employer-provided child care credit by increasing the credit amount from 25% to 50% and the maximum credit from $150,000 to $500,000. It also allows jointly owned or operated childcare facilities to qualify and provides a special rule for small businesses, allowing them to claim a 60% credit and a $600,000 maximum, with specific qualifications based on their gross receipts.
Money References
- (b) Increase of maximum credit amount.—Section 45F(b) of the Internal Revenue Code of 1986 is amended by striking “$150,000” and inserting “$500,000”. (c) Treatment of jointly owned or operated childcare facility.—Section 45F(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: “(C) JOINTLY OWNED OR OPERATED CHILDCARE FACILITY.—For purposes of subparagraph (A)(i)(I), a facility shall not fail to be treated as a qualified childcare facility of the taxpayer merely because such facility is jointly owned or operated by the taxpayer and other persons.”. (d) Special rule for small businesses.—Section 45F(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: “(4) SMALL BUSINESSES.— “(A) IN GENERAL.—In the case of a taxpayer described in subparagraph (B)— “(i) subsection (a)(1) shall be applied by substituting ‘60 percent’ for ‘50 percent’, and “(ii) subsection (b) shall be applied by substituting ‘$600,000’ for ‘$500,000’.
3. Increase in amount excludable for dependent care assistance programs Read Opens in new tab
Summary AI
Congress is increasing the maximum amount of money that people can exclude from their income for dependent care assistance programs from $5,000 to $7,500. This change will apply to expenses paid or incurred after the law is enacted.
Money References
- In general.—Section 129(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking “$5,000 ($2,500” and inserting “$7,500 ($3,750”. (b) Effective date.—The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this section. ---
4. Household and dependent care credit increased and made refundable Read Opens in new tab
Summary AI
The bill amends the Internal Revenue Code to increase and make refundable the credit for household and dependent care services necessary for gainful employment. It defines the qualifying expenses and individuals, sets limits on the amount of expenses that can be credited, and outlines conditions for eligibility, including provisions for married couples filing jointly and special rules for students and divorced parents.
Money References
- “(2) APPLICABLE PERCENTAGE DEFINED.—For purposes of paragraph (1), the term ‘applicable percentage’ means 50 percent— “(A) 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, and “(B) further reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $150,000.
- “(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) $5,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or “(2) $8,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year.
- “(2) SPECIAL RULE FOR SPOUSE WHO IS A STUDENT OR INCAPABLE OF CARING FOR SELF.—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.
36C. Expenses for household and dependent care services necessary for gainful employment Read Opens in new tab
Summary AI
This section outlines a tax credit for individuals with qualifying dependents or spouses who need household or dependent care to be gainfully employed. It specifies the percentage of expenses eligible for credit, caps on creditable expenses, and defines terms such as "qualifying individual" and "employment-related expenses," along with additional rules and requirements related to the credit.
Money References
- (2) APPLICABLE PERCENTAGE DEFINED.—For purposes of paragraph (1), the term “applicable percentage” means 50 percent— (A) 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, and (B) further reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $150,000. (b) Definitions of qualifying individual and employment-Related expenses.—For purposes of this section— (1) QUALIFYING INDIVIDUAL.—The term “qualifying individual” means— (A) a dependent of the taxpayer (as defined in section 152(a)(1)) who has not attained age 13, (B) a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B)) who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year, or (C) the spouse of the taxpayer, if the spouse is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year.
- (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 6 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) $5,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or (2) $8,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year.
- (2) SPECIAL RULE FOR SPOUSE WHO IS A STUDENT OR INCAPABLE OF CARING FOR SELF.—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.