I 118THCONGRESS 1 STSESSION H. R. 257 To amend the Internal Revenue Code of 1986 to make residents of Puerto Rico eligible for the earned income tax credit. IN THE HOUSE OF REPRESENTATIVES JANUARY10, 2023 Miss G ONZA´LEZ-COLO´N(for herself, Mr. TORRESof New York, Mr. SOTO, and Mr. M OYLAN) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make residents of Puerto Rico eligible for the earned income tax credit. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Earned Income Tax 4 Credit Equity for Puerto Rico Act of 2023’’. 5 VerDate Sep 11 2014 02:36 Jan 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H257.IH H257 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 257 IH SEC. 2. PUERTO RICO RESIDENTS ELIGIBLE FOR EARNED 1 INCOME TAX CREDIT. 2 (a) I NGENERAL.—Section 32 of the Internal Rev-3 enue Code of 1986 is amended by adding at the end the 4 following new subsection: 5 ‘‘(n) R ESIDENTS OFPUERTORICO.— 6 ‘‘(1) I N GENERAL.—In the case of residents of 7 Puerto Rico— 8 ‘‘(A) the United States shall be treated as 9 including Puerto Rico for purposes of sub-10 sections (c)(1)(A)(ii)(I) and (c)(3)(C), 11 ‘‘(B) subsection (c)(1)(D) shall not apply 12 to nonresident alien individuals who are resi-13 dents of Puerto Rico, and 14 ‘‘(C) adjusted gross income and gross in-15 come shall be computed without regard to sec-16 tion 933 for purposes of subsections (a)(2)(B) 17 and (c)(2)(A)(i). 18 ‘‘(2) L IMITATION.—The credit allowed under 19 this section by reason of this subsection for any tax-20 able year shall not exceed the amount, determined 21 under regulations or other guidance promulgated by 22 the Secretary, that a similarly situated taxpayer 23 would receive if residing in a State.’’. 24 (b) C HILDTAXCREDITNOTREDUCED.—Subclause 25 (II) of section 24(d)(1)(B)(ii) of such Code is amended 26 VerDate Sep 11 2014 02:36 Jan 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H257.IH H257 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 257 IH by inserting before the period ‘‘(determined without re-1 gard to section 32(n) in the case of residents of Puerto 2 Rico)’’. 3 (c) T ERMINATION OFANNUALREIMBURSEMENT FOR 4 P UERTORICOEARNEDINCOMETAXCREDIT.— 5 (1) I N GENERAL.—Section 7530(a)(1) of such 6 Code is amended by striking ‘‘calendar year 2021 7 and each calendar year thereafter’’ and inserting 8 ‘‘calendar years 2021, 2022, and 2023’’. 9 (2) C ONFORMING AMENDMENT .—Section 10 7530(a)(1)(B) of such Code is amended by striking 11 ‘‘in the case of calendar years 2021 through 2025, 12 the lesser of’’ and inserting ‘‘the lesser of’’. 13 (d) E FFECTIVEDATE.—The amendment made shall 14 apply to taxable years beginning after December 31, 2023. 15 Æ VerDate Sep 11 2014 02:36 Jan 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H257.IH H257 pbinns on DSKJLVW7X2PROD with $$_JOB