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