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2 | 2 | | SENATE DOCKET, NO. 1380 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1975 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | James B. Eldridge |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to reduce poverty by expanding the EITC and the child and family tax credit. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterJoanne M. ComerfordHampshire, Franklin and Worcester2/11/2025 1 of 5 |
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16 | 16 | | SENATE DOCKET, NO. 1380 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1975 |
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18 | 18 | | By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1975) of James B. Eldridge and |
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19 | 19 | | Joanne M. Comerford for legislation to improve the earned income credit for healthier families. |
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20 | 20 | | Revenue. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 1798 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to reduce poverty by expanding the EITC and the child and family tax credit. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Paragraph (1) of subsection (h) of section 6 of chapter 62 of the General |
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32 | 32 | | 2Laws, as amended by section 11 of chapter 50 of the acts of 2023, is hereby further amended by |
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33 | 33 | | 3striking out the figure “40” each time it appears, and inserting in place thereof, in each instance, |
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34 | 34 | | 4the following figure: -50. |
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35 | 35 | | 5 SECTION 2. Said paragraph (1) of said subsection (h) of said section 6 of said chapter |
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36 | 36 | | 662, as so amended, is hereby further amended by inserting at the end of said paragraph the |
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37 | 37 | | 7following sentence: -A taxpayer may claim a credit under this section using either a Social |
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38 | 38 | | 8Security Number or an Individual Taxpayer Identification Number, if but for section 32(m) of |
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39 | 39 | | 9the Code, the taxpayer would be eligible to claim the credit. In the case of a taxpayer with a |
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40 | 40 | | 10qualifying child for the Earned Income Tax Credit but who is ineligible for a Social Security 2 of 5 |
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41 | 41 | | 11Number or Individual Taxpayer Identification Number, the DOR shall issue said child a tax |
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42 | 42 | | 12identification number. |
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43 | 43 | | 13 SECTION 3. Said paragraph (1) of said subsection (h) of said section 6 of said chapter |
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44 | 44 | | 1462, as so amended, is hereby further amended by inserting after “taxable year” the following |
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45 | 45 | | 15words: -except that in the case of a taxpayer without a qualifying child, the amount of the credit |
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46 | 46 | | 16shall be 100 per cent of the earned income credit allowable under Section 32 of the Code. |
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47 | 47 | | 17 SECTION 4. Said paragraph (1) of said subsection (h) of said section 6 of said chapter |
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48 | 48 | | 1862, as so amended, is hereby further amended by inserting, in line 252 after the word “year” the |
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49 | 49 | | 19following words: -provided however that for each additional qualifying child, as defined in |
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50 | 50 | | 20section 32(b) of the Code, above three children, the percent of the federal credit shall increase by |
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51 | 51 | | 215 percentage points per qualifying child. |
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52 | 52 | | 22 SECTION 5. Said subsection (h) of said section 6 of said chapter 62, as so amended, is |
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53 | 53 | | 23hereby further amended by inserting the following paragraph:- |
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54 | 54 | | 24 (3): For the purposes of this subsection, an individual who has attained 18 or, if the |
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55 | 55 | | 25individual is married, either spouse has attained 18 before the close of the taxable year, shall be |
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56 | 56 | | 26deemed to have satisfied all eligibility requirements under subsection (c)(1)(A)(ii)(II) of section |
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57 | 57 | | 2732 of the Code. |
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58 | 58 | | 28 SECTION 6. Section 6 of said chapter 62, as most recently amended by section 21 of |
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59 | 59 | | 29chapter 50 of the acts of 2023, is hereby further amended by striking out subsection (x) and |
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60 | 60 | | 30inserting in place thereof the following subsection:- 3 of 5 |
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61 | 61 | | 31 (x) (1) For the purposes of this subsection, "maintains a household'' shall have the same |
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62 | 62 | | 32meaning as in section 21 of the Code. With respect to a taxpayer who is a non-resident for part of |
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63 | 63 | | 33the taxable year, the credit shall be further limited to the amount of allowable credit multiplied |
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64 | 64 | | 34by a fraction, the numerator of which shall be the number of days in the taxable year the person |
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65 | 65 | | 35resided in the commonwealth and the denominator of which shall be the number of days in the |
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66 | 66 | | 36taxable year. A taxpayer who maintains a household that includes as a member at least 1 |
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67 | 67 | | 37individual: (i) who qualifies for exemption as a dependent under section 151 of the Code; or (ii) |
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68 | 68 | | 38who is a qualifying individual as defined in said section 21 of the Code; or (iii) who (A) is not |
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69 | 69 | | 39less than 65 years of age or is disabled and (B) qualifies as a dependent under section 152 of the |
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70 | 70 | | 40Code, shall be allowed a credit in an amount equal to $600 for each such dependent or qualifying |
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71 | 71 | | 41individual with respect to the taxpayer; provided, however, that if the taxpayer is married at the |
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72 | 72 | | 42close of the taxable year, the credit provided in this subsection shall be allowed if: (a) the |
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73 | 73 | | 43taxpayer and the taxpayer's spouse file a joint return for the taxable year; or (b) the taxpayer |
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74 | 74 | | 44qualifies as a head of household under section 2(b) of the Code. For each taxable year, the |
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75 | 75 | | 45commissioner shall increase the amount of the credit for each eligible dependent or qualifying |
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76 | 76 | | 46individual as provided by this subsection to reflect cost of living by the same method used for |
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77 | 77 | | 47federal income tax brackets. A person who is a non-resident for the entire taxable year shall not |
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78 | 78 | | 48qualify for the credit. If the amount of the credit allowed under this subsection exceeds the |
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79 | 79 | | 49taxpayer's tax liability, the commissioner shall treat the excess as an overpayment and shall pay |
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80 | 80 | | 50the taxpayer the entire amount of the excess without interest. |
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81 | 81 | | 51 (2) Upon request by a taxpayer eligible for the Child and Family Tax Credit but ineligible |
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82 | 82 | | 52for a Social Security Number or Individual Taxpayer Identification Number, the DOR shall issue |
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83 | 83 | | 53said taxpayer a tax identification number to enable the taxpayer to claim the credit. 4 of 5 |
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84 | 84 | | 54 (3) A taxpayer who maintains a household that does not include a member listed in the |
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85 | 85 | | 55first paragraph of this subsection and who receives benefits under 42 U.S.C. 1382 shall be |
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86 | 86 | | 56allowed a credit in an amount equal to $600. |
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87 | 87 | | 57 (4) The commissioner may establish a process to allow taxpayers to elect to receive one |
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88 | 88 | | 58or more advance payments of the credit under this subsection. The amount of advance payments |
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89 | 89 | | 59must be based on the taxpayer and commissioner’s estimate of the amount of credit for which the |
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90 | 90 | | 60taxpayer would be eligible in the taxable year beginning in the calendar year in which the |
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91 | 91 | | 61payments were made. The commissioner shall not distribute advance payments to a taxpayer |
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92 | 92 | | 62who does not elect to receive advance payments. The amount of a taxpayer’s credit under this |
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93 | 93 | | 63subsection for the taxable year is reduced by the amount of advance payments received by the |
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94 | 94 | | 64taxpayer in the calendar year during which the taxable year began. |
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95 | 95 | | 65 SECTION 7. In order to ensure the widest possible dissemination of state and federal tax |
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96 | 96 | | 66credits that are aimed to reduce poverty, the department shall: (i) include multilingual |
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97 | 97 | | 67information by video and text in its website about state and federal tax credits, free tax |
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98 | 98 | | 68preparation services, and low-income taxpayer clinics; (ii) provide all employers with a |
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99 | 99 | | 69multilingual poster and a notice that sets forth the rights under this chapter; (iii) require that all |
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100 | 100 | | 70employers doing business in the commonwealth post information about tax credits in a |
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101 | 101 | | 71conspicuous location at the place of employment; (iv) coordinate a notification system by the |
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102 | 102 | | 72commonwealth about tax credit to applicants for and recipients of unemployment insurance |
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103 | 103 | | 73under chapter 151A, applicants for and recipients of transitional assistance benefits, including |
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104 | 104 | | 74food stamps, under chapter 18, and to recipients of subsidized health insurance under chapter |
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105 | 105 | | 75118E; and (v) collaborate with labor organizations, chambers of commerce, municipalities, |
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106 | 106 | | 76community-based organizations, and taxpayer advocates to disseminate information about tax 5 of 5 |
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107 | 107 | | 77credits. The multilingual poster and notice requirement in clause (i) shall comply with the |
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108 | 108 | | 78requirements for employer’s unemployment notices under clauses (i) and (iii) of subsection (d) |
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109 | 109 | | 79of section 62A of chapter 151A. |
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110 | 110 | | 80 SECTION 8. This act shall apply to tax years beginning on or after January 1, 2025. |
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