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5 | 5 | | 2025 -- S 0447 |
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6 | 6 | | ======== |
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7 | 7 | | LC000546 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO TAXATION -- PERSONAL INCOME TAX -- CHILD TAX CREDIT |
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16 | 16 | | Introduced By: Senators Vargas, Lawson, DiPalma, Murray, Acosta, Gu, Appollonio, |
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17 | 17 | | and Britto |
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18 | 18 | | Date Introduced: February 26, 2025 |
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19 | 19 | | Referred To: Senate Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Findings of fact. 1 |
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24 | 24 | | (1) The health and wellbeing of Rhode Island children and their families are critical to the 2 |
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25 | 25 | | future of our state; 3 |
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26 | 26 | | (2) Children, youth, and their caregivers are experiencing challenges exacerbated by the 4 |
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27 | 27 | | pandemic leading to increasing educational, behavioral health crises, as well as inflationary 5 |
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28 | 28 | | pressures exacerbating homelessness, and food insecurity; 6 |
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29 | 29 | | (3) Research has shown that child tax credits contribute to promotion of work, reduction 7 |
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30 | 30 | | of poverty, and enhanced child development; 8 |
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31 | 31 | | (4) Research has shown that child tax credits are associated with reductions in family 9 |
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32 | 32 | | stressors and state-level maltreatment reports; 10 |
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33 | 33 | | (5) Research has shown that child tax credit income is used to supplement basic household 11 |
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34 | 34 | | needs and children's essentials; 12 |
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35 | 35 | | (6) Fourteen states including Massachusetts have child tax credits and other states have 13 |
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36 | 36 | | pending proposals in their state legislatures, including Connecticut. According to research by the 14 |
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37 | 37 | | Institute on Taxation and Economic Policy, a combination of the existing federal child tax credit 15 |
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38 | 38 | | and a state credit would slash child poverty rates. 16 |
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39 | 39 | | SECTION 2. Section 44-30-2 of the General Laws in Chapter 44-30 entitled "Personal 17 |
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40 | 40 | | Income Tax" is hereby amended to read as follows: 18 |
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41 | 41 | | 44-30-2. Rate of tax. 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000546 - Page 2 of 8 |
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45 | 45 | | (a) General. 1 |
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46 | 46 | | (1)(i) A Rhode Island personal income tax is imposed upon the Rhode Island income of 2 |
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47 | 47 | | residents and nonresidents, including estates and trusts, for the period January 1, 1971 through June 3 |
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48 | 48 | | 30, 1971 equal to twenty percent (20%) of one-half (½) of the taxpayer’s federal income tax liability 4 |
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49 | 49 | | for the taxable year commencing January 1, 1971; for the period July 1, 1971 through December 5 |
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50 | 50 | | 31, 1971 equal to fifteen percent (15%) of one-half (½) of the taxpayer’s federal income tax liability 6 |
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51 | 51 | | for the taxable year commencing January 1, 1971; and for each taxable year on and after January 7 |
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52 | 52 | | 1, 1972, and ending on or before December 31, 1974 equal to fifteen percent (15%) of the 8 |
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53 | 53 | | taxpayer’s federal income tax liability; for each taxable year on and after January 1, 1975 and 9 |
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54 | 54 | | ending on or before December 31, 1977 equal to seventeen percent (17%) of the taxpayer’s federal 10 |
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55 | 55 | | income tax liability; for each taxable year ending after December 31, 1977 equal to nineteen percent 11 |
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56 | 56 | | (19%) of the taxpayer’s federal income tax liability; for each taxable year ending after December 12 |
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57 | 57 | | 31, 1980 equal to nineteen and twenty-four one-hundredths percent (19.24%) of the taxpayer’s 13 |
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58 | 58 | | federal income tax liability; for each taxable year ending after December 31, 1981 equal to twenty-14 |
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59 | 59 | | one and nine-tenths percent (21.9%) of the taxpayer’s federal income tax liability; for the period 15 |
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60 | 60 | | January 1, 1983 through June 30, 1983 equal to twenty-seven and five-tenths percent (27.5%) of 16 |
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61 | 61 | | the taxpayer’s federal income tax liability; for the period July 1, 1983 and through June 30, 1984 17 |
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62 | 62 | | equal to twenty-six percent (26%) of the taxpayer’s federal income tax liability; for the period July 18 |
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63 | 63 | | 1, 1984 and through December 31, 1984 equal to twenty-four and nine-tenths percent (24.9%) of 19 |
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64 | 64 | | the taxpayer’s federal income tax liability; in accordance with subsection (2) of this section for the 20 |
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65 | 65 | | period January 1, 1985 through June 30, 1985 equal to twenty-three and sixty-five one-hundredths 21 |
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66 | 66 | | percent (23.65%) of the taxpayer’s federal income tax liability; for the period July 1, 1985 through 22 |
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67 | 67 | | December 31, 1985, equal to twenty-two and sixty-five one-hundredths percent (22.65%) of the 23 |
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68 | 68 | | taxpayer’s federal income tax liability; in accordance with subsection (3) of this section for January 24 |
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69 | 69 | | 1, 1986 and thereafter shall be equal to twenty-two and twenty-one one-hundredths percent 25 |
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70 | 70 | | (22.21%) of the taxpayer’s federal income tax liability; in accordance with the Tax Reform Act of 26 |
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71 | 71 | | 1986, codified primarily at 26 U.S.C. § 1 et seq., for the period January 1, 1987 through June 30, 27 |
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72 | 72 | | 1987 shall be equal to twenty-three and ninety-six one-hundredths percent (23.96%) of the 28 |
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73 | 73 | | taxpayer’s federal income tax liability; for the period July 1, 1987 through December 31, 1990 shall 29 |
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74 | 74 | | be equal to twenty-two and ninety-six one-hundredths percent (22.96%) of the taxpayer’s federal 30 |
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75 | 75 | | income tax liability; for the period January 1, 1991 through June 30, 1992 and for the period January 31 |
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76 | 76 | | 1, 1994 and thereafter shall be equal to twenty-seven and five tenths percent (27.5%) of the 32 |
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77 | 77 | | taxpayer’s federal income tax liability; for the period July 1, 1992 through December 31, 1992 if 33 |
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78 | 78 | | the taxpayer’s federal income tax liability is fifteen thousand dollars ($15,000) or less shall be equal 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000546 - Page 3 of 8 |
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82 | 82 | | to twenty-seven and five tenths percent (27.5%) of the taxpayer’s federal income tax liability but 1 |
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83 | 83 | | if the taxpayer’s federal income tax liability is greater than fifteen thousand dollars ($15,000) shall 2 |
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84 | 84 | | be the sum of twenty-seven and five-tenths percent (27.5%) of the taxpayer’s federal income tax 3 |
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85 | 85 | | liability up to and including fifteen thousand dollars ($15,000) and thirty-two percent (32%) of the 4 |
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86 | 86 | | taxpayer’s federal income tax liability in excess of fifteen thousand dollars ($15,000). 5 |
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87 | 87 | | (ii) The effective rate for the year 1983 shall be equal to twenty-six and seventy-five 6 |
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88 | 88 | | hundredths percent (26.75%) of the taxpayer’s federal income tax liability. The effective rate for 7 |
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89 | 89 | | the year 1984 shall be equal to twenty-five and five-tenths percent (25.5%) of the taxpayer’s federal 8 |
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90 | 90 | | income tax liability. 9 |
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91 | 91 | | (iii) The effective rate for the year 1985 shall be equal to twenty- three and fifteen-10 |
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92 | 92 | | hundredths percent (23.15%) of the taxpayer’s federal income tax liability. The effective rate for 11 |
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93 | 93 | | the year 1987 shall be twenty-three and forty-six one-hundredths percent (23.46%) of the 12 |
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94 | 94 | | taxpayer’s federal income tax liability. 13 |
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95 | 95 | | (iv) For the year 1992, if the taxpayer’s federal income tax liability for the year is greater 14 |
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96 | 96 | | than fifteen thousand dollars ($15,000), the effective rate on such the federal income tax liability 15 |
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97 | 97 | | in excess of fifteen thousand dollars ($15,000) shall be twenty-nine and seventy-five one-16 |
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98 | 98 | | hundredths percent (29.75%). 17 |
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99 | 99 | | (v) The personal income tax rate for the year 1993 shall be in accordance with the following 18 |
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100 | 100 | | schedules: 19 |
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101 | 101 | | SCHEDULE X-RI: Single Individuals 20 |
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102 | 102 | | FEDERAL INCOME TAX LIABILITY RI INCOME TAX 21 |
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103 | 103 | | Over But not Over Pay + % On Excess Of The Amount Over- 22 |
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104 | 104 | | $0 - $15,000 $0 27.5% $0 23 |
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105 | 105 | | 15,000 - 31,172 4,125 32% 15,000 24 |
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106 | 106 | | 31,172 - 79,772 9,300 27.55% 31,172 25 |
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107 | 107 | | 79,772 22,689 25.05% 79,772 26 |
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108 | 108 | | The above rate table may not be used by a taxpayer who files a federal Schedule D and has 27 |
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109 | 109 | | taxable income in excess of $115,000.00. Those individuals must file a Rhode Island Schedule D. 28 |
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110 | 110 | | SCHEDULE Y-1-RI: Married Filing Jointly or Qualifying Widow(er) 29 |
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111 | 111 | | FEDERAL INCOME TAX LIABILITY RI INCOME TAX 30 |
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112 | 112 | | Over But not Over Pay + % On Excess Of The Amount Over- 31 |
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113 | 113 | | $0 - $15,000 $0 27.5% $0 32 |
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114 | 114 | | 15,000 - 35,929 4,125 32% 15,000 33 |
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115 | 115 | | 35,929 -75,528 10,822 27.55% 35,928 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC000546 - Page 4 of 8 |
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119 | 119 | | 75,528 21,732 25.05% 75,528 1 |
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120 | 120 | | The above rate table may not be used by a taxpayer who files a federal Schedule D and has 2 |
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121 | 121 | | taxable income in excess of $140,000.00. Those individuals must file a Rhode Island Schedule D. 3 |
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122 | 122 | | SCHEDULE Y-2-RI: Married Filing Separately 4 |
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123 | 123 | | FEDERAL INCOME TAX LIABILITY RI INCOME TAX 5 |
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124 | 124 | | Over But not Over Pay + % On Excess Of The Amount Over- 6 |
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125 | 125 | | $0 - $15,000 $0 27.5% $0 7 |
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126 | 126 | | 15,000 - 17,964 4,125 32% 15,000 8 |
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127 | 127 | | 17,964 -37,764 5,073 27.55% 17,964 9 |
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128 | 128 | | 37,764 10,528 25.05% 37,764 10 |
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129 | 129 | | The above rate table may not be used by a taxpayer who files a federal Schedule D and has 11 |
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130 | 130 | | taxable income in excess of $70,000.00. Those individuals must file a Rhode Island Schedule D. 12 |
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131 | 131 | | SCHEDULE Z-RI: Head of Household 13 |
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132 | 132 | | FEDERAL INCOME TAX LIABILITY RI INCOME TAX 14 |
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133 | 133 | | Over But not Over Pay + % On Excess Of The Amount Over- 15 |
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134 | 134 | | $0 - $15,000 $0 27.5% $0 16 |
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135 | 135 | | 15,000 - 33,385 4,125 32% 15,000 17 |
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136 | 136 | | 33,385 -77,485 10,008 27.55% 33,385 18 |
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137 | 137 | | 77,485 22,158 25.05% 77,485 19 |
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138 | 138 | | The above rate table may not be used by a taxpayer who files a federal Schedule D and has 20 |
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139 | 139 | | taxable income in excess of $127,500.00. Those individuals must file a Rhode Island Schedule D. 21 |
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140 | 140 | | RI INCOME TAX RATE SCHEDULES FOR USE BY ESTATES AND TRUSTS 22 |
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141 | 141 | | FEDERAL INCOME TAX LIABILITY RI INCOME TAX 23 |
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142 | 142 | | Over But not Over Pay + % On Excess Of The Amount Over- 24 |
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143 | 143 | | $0 - $1,405 $0 27.5% $0 25 |
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144 | 144 | | 1,405 - 2,125 386 23.68% 1,405 26 |
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145 | 145 | | 2,125 -15,000 557 21.53% 2,125 27 |
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146 | 146 | | 15,000 3,329 25.05% 15,000 28 |
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147 | 147 | | The above rate table may not be used by a taxpayer who files a federal Schedule D and has 29 |
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148 | 148 | | taxable income in excess of $5,500.00. Those individuals must file a Rhode Island Schedule D. 30 |
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149 | 149 | | (vi) The purpose of the 1993 rate schedules and/or the Rhode Island Schedule D shall be 31 |
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150 | 150 | | such that a taxpayer’s 1993 Rhode Island personal income tax liability shall remain the same as it 32 |
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151 | 151 | | would have been prior to the enactment of the Federal Omnibus Budget Reconciliation Act of 1993, 33 |
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152 | 152 | | (OBRA), P.L. 103-66, 107 Stat. 312. 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC000546 - Page 5 of 8 |
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156 | 156 | | (vii) For the year 1994 through December 31, 1997, the rate shall be twenty-seven and five-1 |
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157 | 157 | | tenths percent (27.5%) of the taxpayers entire federal income tax liability. 2 |
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158 | 158 | | (viii) For the period January 1, 1998, through December 31, 1998, the rate shall be equal 3 |
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159 | 159 | | to twenty-seven percent (27%) of the taxpayer’s federal income tax liability. 4 |
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160 | 160 | | (ix) For the period January 1, 1999, through December 31, 1999, the rate shall be equal to 5 |
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161 | 161 | | twenty-six and five-tenths (26.5%) of the taxpayer’s federal income tax liability. 6 |
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162 | 162 | | (x) For the period January 1, 2000, through December 31, 2000, the rate shall be equal to 7 |
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163 | 163 | | twenty-six percent (26%) of the taxpayer’s federal income tax liability. 8 |
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164 | 164 | | (xi) For the period January 1, 2001, through December 31, 2001, the rate shall be equal to 9 |
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165 | 165 | | twenty-five and five-tenths percent (25.5%) of the taxpayer’s federal income tax liability. 10 |
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166 | 166 | | (xii) For the period January 1, 2002, and thereafter the rate shall be twenty-five percent 11 |
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167 | 167 | | (25%) of the taxpayer’s federal income tax liability. 12 |
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168 | 168 | | (2) In the event that the indexing of the federal personal income tax scheduled to take effect 13 |
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169 | 169 | | on January 1, 1985, as enacted by the Economic Recovery Tax Act of 1981, 26 U.S.C. § 1 et seq., 14 |
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170 | 170 | | does take effect or is replaced by similar legislation, as the result of an action of the United States 15 |
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171 | 171 | | Congress, then the Rhode Island personal income tax rate as set forth in subdivision (a)(1) of this 16 |
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172 | 172 | | section for the period January 1, 1985, and through June 30, 1985, shall be changed and be equal 17 |
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173 | 173 | | to twenty-three and sixty-five one-hundredths percent (23.65%) of the taxpayer’s federal income 18 |
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174 | 174 | | tax liability. 19 |
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175 | 175 | | (3) In the event that the indexing of the federal personal income tax scheduled to take effect 20 |
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176 | 176 | | on January 1, 1986, as enacted by the Economic Recovery Tax Act of 1981, 26 U.S.C. § 1 et seq., 21 |
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177 | 177 | | does take effect or is replaced by similar legislation as the result of an action of the United States 22 |
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178 | 178 | | Congress, then the Rhode Island personal income tax rate as set forth in subdivision (a)(1) of this 23 |
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179 | 179 | | section for the period January 1, 1986, and thereafter shall be changed and be equal to twenty-two 24 |
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180 | 180 | | and twenty-one one-hundredths percent (22.21%) of the taxpayer’s federal income tax liability. 25 |
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181 | 181 | | (b) Federal income tax liability. Federal income tax liability shall be the amount of federal 26 |
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182 | 182 | | income tax without deduction for any new federal credit(s) enacted after January 1, 1996, 27 |
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183 | 183 | | (excluding self-employment tax, social security tax or any supplemental Medicare premium) or 28 |
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184 | 184 | | supplemental premium surcharge imposed by the Medicare Catastrophic Coverage Act of 1988 29 |
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185 | 185 | | (P.L. 100-360), codified primarily at 42 U.S.C. § 1395 et seq., which the taxpayer would have been 30 |
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186 | 186 | | liable if the taxpayer had paid federal income tax based on federal taxable income as adjusted by 31 |
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187 | 187 | | the modifications provided in parts II and III of this chapter. The federal taxable income shall not 32 |
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188 | 188 | | include modifications which would decrease federal taxable income resulting from the applications 33 |
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189 | 189 | | of § 15 of chapter 489 of the public laws of 1923, as amended by § 8 of chapter 151 of the public 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC000546 - Page 6 of 8 |
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193 | 193 | | laws of 1963; §§ 28-17-3, 36-10-32, 45-21-45, or any other sections of Rhode Island law which 1 |
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194 | 194 | | would provide or would be construed to provide that any pension, annuity, retirement allowance, 2 |
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195 | 195 | | benefit, or right shall be exempt from any state tax. 3 |
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196 | 196 | | (c) Cross references. For credit in respect of: 4 |
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197 | 197 | | (1) Taxes withheld on wages, see § 44-30-73; 5 |
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198 | 198 | | (2) Taxes imposed on a resident by other states, see § 44-30-18; 6 |
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199 | 199 | | (3) Taxes overpaid for a prior taxable year, see § 44-30-86. 7 |
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200 | 200 | | (d) Tax credit. 8 |
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201 | 201 | | (1) There shall be allowed as a credit against the Rhode Island personal income tax 9 |
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202 | 202 | | otherwise due for a taxable year, commencing for the tax year 1988, a contribution of five dollars 10 |
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203 | 203 | | ($5.00), or ten dollars ($10.00) if married and filing a joint return, to the account for the public 11 |
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204 | 204 | | financing of the electoral system. The first two dollars ($2.00), or four dollars ($4.00) if married 12 |
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205 | 205 | | and filing a joint return, shall go to a political party as defined in § 17-12.1-12 to be designated by 13 |
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206 | 206 | | the taxpayer or to a nonpartisan account if so indicated up to a total of two hundred thousand dollars 14 |
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207 | 207 | | ($200,000) collectively for all parties and the nonpartisan account. The remainder shall be 15 |
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208 | 208 | | deposited as general revenue. 16 |
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209 | 209 | | (2) The credit for the public financing of the electoral system shall appear on the face of 17 |
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210 | 210 | | the state personal income tax return. The tax administrator shall annually forward by August 1, all 18 |
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211 | 211 | | contributions to said account to the state general treasurer and the treasurer shall annually remit by 19 |
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212 | 212 | | September 1, the designated partisan contributions to the chairperson of the appropriate political 20 |
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213 | 213 | | party and the contributions made to the nonpartisan general account shall be allocated by the state 21 |
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214 | 214 | | general treasurer to each political party in proportion to the combined number of votes its 22 |
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215 | 215 | | candidates for governor received in the previous election, after five percent (5%) of the amount in 23 |
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216 | 216 | | the account is allocated to each party for each general officer elected in the previous statewide 24 |
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217 | 217 | | election. Each political party may expend moneys received under this provision for all purposes 25 |
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218 | 218 | | and activities permitted by the laws of Rhode Island and the United States, except that no such 26 |
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219 | 219 | | moneys shall be utilized for expenditures to be directly made or incurred to support or defeat a 27 |
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220 | 220 | | candidate in any election within the meaning of chapter 25 of title 17, or in any election for any 28 |
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221 | 221 | | political party nomination, or for political party office within the meaning of chapter 12 of title 17. 29 |
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222 | 222 | | The remaining funds shall be allocated for the public financing of campaigns for governor as set 30 |
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223 | 223 | | forth in §§ 17-25-19 — 17-25-27. 31 |
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224 | 224 | | (3) Child tax credit. A taxpayer that maintains a household that includes at least one 32 |
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225 | 225 | | individual up to age eighteen (18) years, who qualifies as a dependent, as defined in section 26 U.S. 33 |
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226 | 226 | | Code § 152, shall be allowed a tax credit for each such dependent, to be computed as provided in 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC000546 - Page 7 of 8 |
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230 | 230 | | this chapter, against the tax imposed by chapters 30 of this title. The amount of the credit shall be: 1 |
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231 | 231 | | (i) For dependent(s) up to age eighteen (18) a tax credit of one thousand dollars ($1,000) 2 |
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232 | 232 | | shall be allowed per dependent; 3 |
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233 | 233 | | (ii) No credit shall be allowed pursuant to this chapter unless the taxpayer claiming said 4 |
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234 | 234 | | child tax credit has a total income for the taxable year that does not exceed one hundred thousand 5 |
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235 | 235 | | dollars ($100,000) for a single-filer household and one hundred fifty thousand dollars ($150,000) 6 |
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236 | 236 | | for a dual-filer household. 7 |
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237 | 237 | | (iii) If the amount of the credit allowed under this section exceeds the taxpayer’s tax 8 |
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238 | 238 | | liability, the division of taxation shall treat the excess as an overpayment and shall pay the taxpayer 9 |
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239 | 239 | | the entire amount of the excess. 10 |
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240 | 240 | | (e) Tax adjustment. 11 |
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241 | 241 | | (1) Notwithstanding the provisions of subsection (a) of this section, for taxable years 12 |
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242 | 242 | | ending after December 31, 1980, in the event that during a period when the general assembly is not 13 |
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243 | 243 | | in session a change is made in the provisions of the Internal Revenue Code of the United States and 14 |
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244 | 244 | | amendments thereto, or other provisions of the law of the United States relating to federal income 15 |
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245 | 245 | | taxes, or the rules and regulations issued under these laws that alters the taxpayer’s federal income 16 |
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246 | 246 | | tax liability, the tax administrator is directed to so change the Rhode Island personal income tax 17 |
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247 | 247 | | rate of the taxpayer's federal income tax liability as to retain the tax product upon receipt of which 18 |
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248 | 248 | | state appropriations were predicated. 19 |
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249 | 249 | | (2) The rate so set by the tax administrator will be effective until such time as the general 20 |
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250 | 250 | | assembly shall ratify this rate or set a different rate. 21 |
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251 | 251 | | SECTION 3. This act shall take effect upon passage. 22 |
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253 | 253 | | LC000546 |
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256 | 256 | | |
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257 | 257 | | LC000546 - Page 8 of 8 |
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258 | 258 | | EXPLANATION |
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259 | 259 | | BY THE LEGISLATIVE COUNCIL |
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260 | 260 | | OF |
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261 | 261 | | A N A C T |
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262 | 262 | | RELATING TO TAXATION -- PERSONAL INCOME TAX -- CHILD TAX CREDIT |
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263 | 263 | | *** |
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264 | 264 | | This act would establish a child tax credit of one thousand dollars ($1,000) per dependent. 1 |
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265 | 265 | | No credit would be allowed unless the taxpayer claiming said child tax credit has a total income 2 |
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266 | 266 | | for the taxable year that does not exceed one hundred thousand dollars ($100,000) for a single-filer 3 |
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267 | 267 | | household and one hundred fifty thousand dollars ($150,000) for a dual-filer household. If the 4 |
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268 | 268 | | amount of the credit allowed under this section exceeds the taxpayer’s tax liability, the division of 5 |
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269 | 269 | | taxation shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of 6 |
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270 | 270 | | the excess. 7 |
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271 | 271 | | This act would take effect upon passage. 8 |
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273 | 273 | | LC000546 |
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