Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1975 Compare Versions

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22 SENATE DOCKET, NO. 1380 FILED ON: 1/16/2025
33 SENATE . . . . . . . . . . . . . . No. 1975
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 James B. Eldridge
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to reduce poverty by expanding the EITC and the child and family tax credit.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterJoanne M. ComerfordHampshire, Franklin and Worcester2/11/2025 1 of 5
1616 SENATE DOCKET, NO. 1380 FILED ON: 1/16/2025
1717 SENATE . . . . . . . . . . . . . . No. 1975
1818 By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1975) of James B. Eldridge and
1919 Joanne M. Comerford for legislation to improve the earned income credit for healthier families.
2020 Revenue.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 1798 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act to reduce poverty by expanding the EITC and the child and family tax credit.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Paragraph (1) of subsection (h) of section 6 of chapter 62 of the General
3232 2Laws, as amended by section 11 of chapter 50 of the acts of 2023, is hereby further amended by
3333 3striking out the figure “40” each time it appears, and inserting in place thereof, in each instance,
3434 4the following figure: -50.
3535 5 SECTION 2. Said paragraph (1) of said subsection (h) of said section 6 of said chapter
3636 662, as so amended, is hereby further amended by inserting at the end of said paragraph the
3737 7following sentence: -A taxpayer may claim a credit under this section using either a Social
3838 8Security Number or an Individual Taxpayer Identification Number, if but for section 32(m) of
3939 9the Code, the taxpayer would be eligible to claim the credit. In the case of a taxpayer with a
4040 10qualifying child for the Earned Income Tax Credit but who is ineligible for a Social Security 2 of 5
4141 11Number or Individual Taxpayer Identification Number, the DOR shall issue said child a tax
4242 12identification number.
4343 13 SECTION 3. Said paragraph (1) of said subsection (h) of said section 6 of said chapter
4444 1462, as so amended, is hereby further amended by inserting after “taxable year” the following
4545 15words: -except that in the case of a taxpayer without a qualifying child, the amount of the credit
4646 16shall be 100 per cent of the earned income credit allowable under Section 32 of the Code.
4747 17 SECTION 4. Said paragraph (1) of said subsection (h) of said section 6 of said chapter
4848 1862, as so amended, is hereby further amended by inserting, in line 252 after the word “year” the
4949 19following words: -provided however that for each additional qualifying child, as defined in
5050 20section 32(b) of the Code, above three children, the percent of the federal credit shall increase by
5151 215 percentage points per qualifying child.
5252 22 SECTION 5. Said subsection (h) of said section 6 of said chapter 62, as so amended, is
5353 23hereby further amended by inserting the following paragraph:-
5454 24 (3): For the purposes of this subsection, an individual who has attained 18 or, if the
5555 25individual is married, either spouse has attained 18 before the close of the taxable year, shall be
5656 26deemed to have satisfied all eligibility requirements under subsection (c)(1)(A)(ii)(II) of section
5757 2732 of the Code.
5858 28 SECTION 6. Section 6 of said chapter 62, as most recently amended by section 21 of
5959 29chapter 50 of the acts of 2023, is hereby further amended by striking out subsection (x) and
6060 30inserting in place thereof the following subsection:- 3 of 5
6161 31 (x) (1) For the purposes of this subsection, "maintains a household'' shall have the same
6262 32meaning as in section 21 of the Code. With respect to a taxpayer who is a non-resident for part of
6363 33the taxable year, the credit shall be further limited to the amount of allowable credit multiplied
6464 34by a fraction, the numerator of which shall be the number of days in the taxable year the person
6565 35resided in the commonwealth and the denominator of which shall be the number of days in the
6666 36taxable year. A taxpayer who maintains a household that includes as a member at least 1
6767 37individual: (i) who qualifies for exemption as a dependent under section 151 of the Code; or (ii)
6868 38who is a qualifying individual as defined in said section 21 of the Code; or (iii) who (A) is not
6969 39less than 65 years of age or is disabled and (B) qualifies as a dependent under section 152 of the
7070 40Code, shall be allowed a credit in an amount equal to $600 for each such dependent or qualifying
7171 41individual with respect to the taxpayer; provided, however, that if the taxpayer is married at the
7272 42close of the taxable year, the credit provided in this subsection shall be allowed if: (a) the
7373 43taxpayer and the taxpayer's spouse file a joint return for the taxable year; or (b) the taxpayer
7474 44qualifies as a head of household under section 2(b) of the Code. For each taxable year, the
7575 45commissioner shall increase the amount of the credit for each eligible dependent or qualifying
7676 46individual as provided by this subsection to reflect cost of living by the same method used for
7777 47federal income tax brackets. A person who is a non-resident for the entire taxable year shall not
7878 48qualify for the credit. If the amount of the credit allowed under this subsection exceeds the
7979 49taxpayer's tax liability, the commissioner shall treat the excess as an overpayment and shall pay
8080 50the taxpayer the entire amount of the excess without interest.
8181 51 (2) Upon request by a taxpayer eligible for the Child and Family Tax Credit but ineligible
8282 52for a Social Security Number or Individual Taxpayer Identification Number, the DOR shall issue
8383 53said taxpayer a tax identification number to enable the taxpayer to claim the credit. 4 of 5
8484 54 (3) A taxpayer who maintains a household that does not include a member listed in the
8585 55first paragraph of this subsection and who receives benefits under 42 U.S.C. 1382 shall be
8686 56allowed a credit in an amount equal to $600.
8787 57 (4) The commissioner may establish a process to allow taxpayers to elect to receive one
8888 58or more advance payments of the credit under this subsection. The amount of advance payments
8989 59must be based on the taxpayer and commissioner’s estimate of the amount of credit for which the
9090 60taxpayer would be eligible in the taxable year beginning in the calendar year in which the
9191 61payments were made. The commissioner shall not distribute advance payments to a taxpayer
9292 62who does not elect to receive advance payments. The amount of a taxpayer’s credit under this
9393 63subsection for the taxable year is reduced by the amount of advance payments received by the
9494 64taxpayer in the calendar year during which the taxable year began.
9595 65 SECTION 7. In order to ensure the widest possible dissemination of state and federal tax
9696 66credits that are aimed to reduce poverty, the department shall: (i) include multilingual
9797 67information by video and text in its website about state and federal tax credits, free tax
9898 68preparation services, and low-income taxpayer clinics; (ii) provide all employers with a
9999 69multilingual poster and a notice that sets forth the rights under this chapter; (iii) require that all
100100 70employers doing business in the commonwealth post information about tax credits in a
101101 71conspicuous location at the place of employment; (iv) coordinate a notification system by the
102102 72commonwealth about tax credit to applicants for and recipients of unemployment insurance
103103 73under chapter 151A, applicants for and recipients of transitional assistance benefits, including
104104 74food stamps, under chapter 18, and to recipients of subsidized health insurance under chapter
105105 75118E; and (v) collaborate with labor organizations, chambers of commerce, municipalities,
106106 76community-based organizations, and taxpayer advocates to disseminate information about tax 5 of 5
107107 77credits. The multilingual poster and notice requirement in clause (i) shall comply with the
108108 78requirements for employer’s unemployment notices under clauses (i) and (iii) of subsection (d)
109109 79of section 62A of chapter 151A.
110110 80 SECTION 8. This act shall apply to tax years beginning on or after January 1, 2025.