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 Child Care Availability and Affordability Act is a plan to help parents and businesses by giving them more money back on taxes when they pay for child care. It makes it easier for families, especially those with little money, to afford care for their kids.
Summary AI
The Child Care Availability and Affordability Act seeks to amend the Internal Revenue Code of 1986 by expanding the employer-provided child care credit and the dependent care assistance exclusion. The bill proposes increasing the percentage of child care expenditures eligible for credit from 25% to 50%, and raising the maximum credit amount from $150,000 to $500,000, with special provisions for small businesses. It also aims to increase the amount of dependent care assistance that can be excluded from income taxes. Additionally, the bill seeks to increase the household and dependent care credit and make it refundable, allowing more families to benefit from it even if they owe no taxes.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "Child Care Availability and Affordability Act," aims to amend various sections of the Internal Revenue Code of 1986. Its primary goal is to enhance financial support for working parents and caregivers by expanding tax credits and exclusions related to child care and dependent care expenses. The bill seeks to increase the employer-provided child care credit and raise the limit on the excludable amount under dependent care assistance programs. Additionally, it introduces a refundable tax credit for household and dependent care services necessary for gainful employment.
Summary of Significant Issues
One of the critical issues concerning this bill is its complexity due to extensive statutory and tax code references. This complexity may pose challenges for the average taxpayer trying to understand how to benefit from the new provisions without professional tax advice. Additionally, the bill lacks clarity on the financial implications of raising excludable amounts and expanding credit percentages, potentially impacting budget allocations and transparency.
The bill also raises potential fairness concerns by providing increased allowances for small businesses without articulating a clear rationale. Further ambiguity arises from undefined terms, such as "jointly owned or operated childcare facility," which could lead to varying interpretations and compliance challenges.
Impact on the Public
For the general public, the bill could provide substantial financial relief for families struggling with the high costs of child care. By expanding the employer-provided child care credit and increasing the dependent care assistance exclusion, more families could benefit from reduced taxable income. However, the complexity of the bill's provisions may complicate the process for many individuals, potentially limiting the effectiveness of these benefits if not accompanied by clear guidance or resources for understanding the changes.
Impact on Specific Stakeholders
Working Families: The bill is particularly beneficial for working families with children, as it offers increased tax credits and exclusions, which could substantially reduce their financial burden. Yet, families without access to effective tax planning resources might find the provisions challenging to navigate.
Small Businesses: Although the bill intends to support small businesses by offering specific increased credits, the lack of clear justification for this preferential treatment could lead to perceptions of inequity, particularly among larger businesses.
Tax Professionals: Professionals assisting clients with tax planning and compliance will likely see an increase in demand for their services, given the complexity and cross-referencing involved in the bill's provisions.
In conclusion, while the "Child Care Availability and Affordability Act" offers promising financial benefits, particularly for working families, its effective execution hinges on clarity and accessibility of information to avoid potential obstacles in compliance and equitable implementation.
Financial Assessment
The Child Care Availability and Affordability Act proposes significant changes in terms of financial benefits related to childcare and dependent care. The bill aims to ease financial burdens on employers who provide childcare benefits and for parents who spend on dependent care services.
Financial Allocations and Amendments
The proposed legislation intends to amend the existing Internal Revenue Code to expand the employer-provided child care credit. Specifically, it suggests increasing the percentage of qualified child care expenditures eligible for credit from 25% to 50%, with a significant increase in the maximum credit amount from $150,000 to $500,000. This is a substantial rise, potentially allowing businesses, especially small businesses, to claim higher amounts back as part of this credit. Small businesses are given a special consideration, with an eligible credit increase to 60% and a cap increment to $600,000.
Moreover, the bill enhances the amount that can be excluded from income taxes for dependent care assistance programs from $5,000 to $7,500. This adjustment reflects an effort to reduce the taxable income associated with dependent care, offering more financial relief to individuals who utilize these services. However, concerns have been raised about the financial implications and transparency of this increase, as the bill does not provide detailed budget impacts or rationale for setting the new limit at $7,500.
Additionally, the legislation proposes making the household and dependent care credit refundable. This means that families will benefit from the credit even if they owe no taxes, which is particularly beneficial for lower-income families. The allowable expenses are capped at $5,000 for one qualifying individual and $8,000 for two or more, making the credit more accessible for families with multiple dependents.
Issues Related to Financial References
One issue arises from the lack of justification or financial study accompanying the change from $5,000 to $7,500 for excludable dependent care, which could result in financial and transparency concerns. Stakeholders may question whether this figure adequately reflects current dependent care expenses or if it is arbitrary.
Furthermore, the complexity of the tax code and statutory cross-references, especially concerning the reduction of applicable percentages based on income thresholds, presents a challenge. For instance, the defined "applicable percentage" reduces by 1 percentage point for every $2,000 over certain income thresholds, which might confuse taxpayers and lead to incorrect calculations or compliance issues.
Moreover, the necessity for taxpayers to provide identifying information for service providers and qualifying individuals in order to claim credits is another point of concern. This requirement could easily result in clerical errors leading to disallowed credits and unintended financial consequences.
The incremental benefits for small businesses may also appear to favor smaller entities. While this is likely meant to support small enterprises, it could potentially lead to controversy over fairness and the equitable treatment of businesses of various sizes.
Finally, the absence of clearly defined effective dates for certain amendments could create confusion among taxpayers regarding eligibility and compliance, if not communicated effectively once enacted.
Collectively, while the bill sets out to offer increased support for child and dependent care expenses, the financial references within raise several issues that need addressing to ensure clarity, fairness, and compliance, with carefully considered justification and provision for clear implementation timelines.
Issues
The amendment increasing the excludable amount for dependent care assistance programs from $5,000 to $7,500 (Section 3) does not provide information on budget impacts or justification for the increase, raising concerns about financial implications and transparency.
The complex statutory and tax code references in Section 4 may be difficult for the average taxpayer to understand without consulting a tax professional, potentially leading to legal and compliance issues.
The provision in Section 36C involving reductions of 'applicable percentage' based on specific income thresholds might be difficult for taxpayers to understand and calculate accurately, leading to potential financial and compliance challenges.
The lack of specific definitions or standard references for 'jointly owned or operated childcare facility' in Section 2 could lead to ambiguity in interpretation, raising potential legal and compliance concerns.
The requirement to include identifying information of both service providers and qualifying individuals in Section 4 might lead to unintentional errors, resulting in disallowed credits and financial ramifications.
The increased allowances distinction for small businesses in Section 2 may appear to favor smaller entities without clear justification, potentially causing controversy over fairness and equitable treatment.
The definition of 'qualifying individual' in Section 36C relies on cross-references to several sections of the tax code, which could make it difficult for taxpayers to determine eligibility, leading to legal and practical challenges.
The absence of a clear effective date timeline in Section 4 for the amendments might cause confusion if the enactment date is not properly communicated, potentially leading to compliance issues and public misunderstanding.
The provision includes numerous cross-references to other tax code sections, requiring individuals to reference multiple documents and complicating understanding (Sections 4 and 36C), which could lead to legal and compliance challenges.
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.âSection 45F(b) of the Internal Revenue Code of 1986 is amended by striking â$150,000â and inserting â$500,000â. (c) Treatment of jointly owned or operated childcare facility.âSection 45F(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: â(C) JOINTLY OWNED OR OPERATED CHILDCARE FACILITY.âFor 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.â. (d) Special rule for small businesses.âSection 45F(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: â(4) SMALL BUSINESSES.â â(A) IN GENERAL.âIn the case of a taxpayer described in subparagraph (B)â â(i) subsection (a)(1) shall be applied by substituting â60 percentâ for â50 percentâ, and â(ii) subsection (b) shall be applied by substituting â$600,000â for â$500,000â.
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.âSection 129(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking â$5,000 ($2,500â and inserting â$7,500 ($3,750â. (b) Effective date.âThe 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 proposed section increases and makes refundable the tax credit for household and dependent care expenses necessary for gainful employment. It outlines the credit calculation based on income, defines eligible expenses and qualifying individuals, and specifies that the credit has limits depending on the number of dependents, with special rules for married couples and requirements for documenting expenses with details about care providers.
Money References
- â(2) APPLICABLE PERCENTAGE DEFINED.âFor purposes of paragraph (1), the term âapplicable percentageâ means 50 percentâ â(A) reduced (but not below 35 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayerâs adjusted gross income for the taxable year exceeds $15,000, and â(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.
- â(c) Dollar limit on amount creditable.âThe amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceedâ â(1) $5,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or â(2) $8,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year.
- â(2) SPECIAL RULE FOR SPOUSE WHO IS A STUDENT OR INCAPABLE OF CARING FOR SELF.âIn 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 thanâ â(A) $250 if subsection (c)(1) applies for the taxable year, or â(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
The section explains a tax credit available to individuals for expenses related to household and dependent care necessary for work. It defines "qualifying individuals," outlines the specific conditions under which expenses are eligible for the credit, and states the maximum amounts that can be credited, along with additional rules for married couples and individuals with special circumstances.
Money References
- (2) APPLICABLE PERCENTAGE DEFINED.âFor purposes of paragraph (1), the term âapplicable percentageâ means 50 percentâ (A) reduced (but not below 35 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayerâs 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.âFor purposes of this sectionâ (1) QUALIFYING INDIVIDUAL.âThe term âqualifying individualâ meansâ (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.âFor purposes of this paragraph, the term âdependent care centerâ means any facility whichâ (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.âThe amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceedâ (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.âIn 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 thanâ (A) $250 if subsection (c)(1) applies for the taxable year, or (B) $500 if subsection (c)(2) applies for the taxable year.