Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1067 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 1067
55 To amend the Internal Revenue Code of 1986 to establish the childcare
66 provider startup credit, to increase the amount of and make refundable
77 the expenses for household and dependent care credit, and for other
88 purposes.
99 IN THE HOUSE OF REPRESENTATIVES
1010 FEBRUARY6, 2025
1111 Mr. G
1212 OTTHEIMERintroduced the following bill; which was referred to the
1313 Committee on Ways and Means
1414 A BILL
1515 To amend the Internal Revenue Code of 1986 to establish
1616 the childcare provider startup credit, to increase the
1717 amount of and make refundable the expenses for house-
1818 hold and dependent care credit, and for other purposes.
1919 Be it enacted by the Senate and House of Representa-1
2020 tives of the United States of America in Congress assembled, 2
2121 SECTION 1. SHORT TITLE. 3
2222 This Act may be cited as the ‘‘Lowering Infant and 4
2323 Toddler Tuition for Learning and Education Act of 2025’’ 5
2424 or the ‘‘LITTLE Act of 2025’’. 6
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2828 SEC. 2. CHILDCARE PROVIDER STARTUP CREDIT. 1
2929 (a) I
3030 NGENERAL.—Subpart D of part IV of sub-2
3131 chapter A of chapter 1 of the Internal Revenue Code of 3
3232 1986 is amended by adding at the end the following new 4
3333 section: 5
3434 ‘‘SEC. 45BB. CHILDCARE PROVIDER STARTUP CREDIT. 6
3535 ‘‘(a) A
3636 LLOWANCE OF CREDIT.—In the case of a 7
3737 qualified taxpayer, there shall be allowed as a credit 8
3838 against the tax imposed by this subtitle an amount equal 9
3939 to 30 percent of the qualified childcare startup expenses 10
4040 of the taxpayer for the taxable year. 11
4141 ‘‘(b) Q
4242 UALIFIEDTAXPAYER.—For purposes of this 12
4343 section, the term ‘qualified taxpayer’ means, with respect 13
4444 to a taxable year, a taxpayer that— 14
4545 ‘‘(1) provides childcare services in compliance 15
4646 with any applicable State or local requirements for 16
4747 such services, and 17
4848 ‘‘(2) provided such services to 2 or more chil-18
4949 dren for a significant portion of the taxable year. 19
5050 ‘‘(c) Q
5151 UALIFIEDCHILDCARESTARTUPEXPENSES.— 20
5252 For purposes of this section, the term ‘qualified childcare 21
5353 startup expenses’ means, with respect to a taxable year, 22
5454 a start-up expenditure (as defined in section 195(c)(1)) 23
5555 paid or incurred during the 2-year period ending on the 24
5656 last day of such taxable year to establish and operate a 25
5757 childcare service. 26
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6161 ‘‘(d) LIMITATION.—The aggregate amount of credits 1
6262 determined under subsection (a) for any taxpayer in all 2
6363 taxable years may not exceed $10,000. 3
6464 ‘‘(e) D
6565 ENIAL OFDOUBLEBENEFIT.—No credit shall 4
6666 be allowed under subsection (a) for any expense for which 5
6767 a deduction or credit is allowed under any other provision 6
6868 of this chapter.’’. 7
6969 (b) C
7070 REDITALLOWEDS PART OFGENERALBUSI-8
7171 NESSCREDIT.—Section 38(b) is amended by striking 9
7272 ‘‘plus’’ at the end of paragraph (40), by striking the period 10
7373 at the end of paragraph (41) and inserting ‘‘, plus’’, and 11
7474 by adding at the end the following new paragraph: 12
7575 ‘‘(42) the childcare provider startup credit de-13
7676 termined under section 45BB(a).’’. 14
7777 (c) C
7878 LERICALAMENDMENT.—The table of sections 15
7979 for subpart B of part IV of subchapter A of chapter 1 16
8080 of the Internal Revenue Code of 1986 is amended by in-17
8181 serting after the item relating to section 36B the following 18
8282 new item: 19
8383 ‘‘Sec. 45BB. Childcare provider startup credit.’’.
8484 (d) EFFECTIVEDATE.—The amendments made by 20
8585 this section shall apply to expenses paid or incurred after 21
8686 the date of the enactment of this Act. 22
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9090 SEC. 3. HOUSEHOLD AND DEPENDENT CARE CREDIT IN-1
9191 CREASED AND MADE REFUNDABLE. 2
9292 (a) I
9393 NGENERAL.—Subpart C of part IV of sub-3
9494 chapter A of chapter 1 of the Internal Revenue Code of 4
9595 1986 is amending by inserting after section 36B the fol-5
9696 lowing new section: 6
9797 ‘‘SEC. 36C. EXPENSES FOR HOUSEHOLD AND DEPENDENT 7
9898 CARE SERVICES NECESSARY FOR GAINFUL 8
9999 EMPLOYMENT. 9
100100 ‘‘(a) A
101101 LLOWANCE OFCREDIT.— 10
102102 ‘‘(1) I
103103 N GENERAL.—In the case of an individual 11
104104 for which there are 1 or more qualifying individuals 12
105105 with respect to such individual, there shall be al-13
106106 lowed as a credit against the tax imposed by this 14
107107 chapter for the taxable year an amount equal to the 15
108108 applicable percentage of the employment-related ex-16
109109 penses paid by such individual during the taxable 17
110110 year. 18
111111 ‘‘(2) A
112112 PPLICABLE PERCENTAGE DEFINED .—For 19
113113 purposes of paragraph (1), the term ‘applicable per-20
114114 centage’ means 50 percent reduced (but not below 21
115115 35 percent) by 1 percentage point for each $2,000 22
116116 (or fraction thereof) by which the taxpayer’s ad-23
117117 justed gross income for the taxable year exceeds 24
118118 $15,000. 25
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122122 ‘‘(b) DEFINITIONS OFQUALIFYINGINDIVIDUAL AND 1
123123 E
124124 MPLOYMENT-RELATEDEXPENSES.—For purposes of 2
125125 this section— 3
126126 ‘‘(1) Q
127127 UALIFYING INDIVIDUAL .—The term 4
128128 ‘qualifying individual’ means— 5
129129 ‘‘(A) a dependent of the taxpayer (as de-6
130130 fined in section 152(a)(1)) who has not attained 7
131131 age 13, 8
132132 ‘‘(B) a dependent of the taxpayer (as de-9
133133 fined in section 152, determined without regard 10
134134 to subsections (b)(1), (b)(2), and (d)(1)(B)) 11
135135 who is physically or mentally incapable of car-12
136136 ing for himself or herself and who has the same 13
137137 principal place of abode as the taxpayer for 14
138138 more than one-half of such taxable year, or 15
139139 ‘‘(C) the spouse of the taxpayer, if the 16
140140 spouse is physically or mentally incapable of 17
141141 caring for himself or herself and who has the 18
142142 same principal place of abode as the taxpayer 19
143143 for more than one-half of such taxable year. 20
144144 ‘‘(2) E
145145 MPLOYMENT-RELATED EXPENSES .— 21
146146 ‘‘(A) I
147147 N GENERAL.—The term ‘employ-22
148148 ment-related expenses’ means amounts paid for 23
149149 the following expenses, but only if such ex-24
150150 penses are incurred to enable the taxpayer to be 25
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154154 gainfully employed for any period for which 1
155155 there are 1 or more qualifying individuals with 2
156156 respect to the taxpayer: 3
157157 ‘‘(i) expenses for household services, 4
158158 and 5
159159 ‘‘(ii) expenses for the care of a quali-6
160160 fying individual. 7
161161 Such term shall not include any amount paid 8
162162 for services outside the taxpayer’s household at 9
163163 a camp where the qualifying individual stays 10
164164 overnight. 11
165165 ‘‘(B) E
166166 XCEPTION.—Employment-related 12
167167 expenses described in subparagraph (A) which 13
168168 are incurred for services outside the taxpayer’s 14
169169 household shall be taken into account only if in-15
170170 curred for the care of— 16
171171 ‘‘(i) a qualifying individual described 17
172172 in paragraph (1)(A), or 18
173173 ‘‘(ii) a qualifying individual (not de-19
174174 scribed in paragraph (1)(A)) who regularly 20
175175 spends at least 8 hours each day in the 21
176176 taxpayer’s household. 22
177177 ‘‘(C) D
178178 EPENDENT CARE CENTERS .—Em-23
179179 ployment-related expenses described in subpara-24
180180 graph (A) which are incurred for services pro-25
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184184 vided outside the taxpayer’s household by a de-1
185185 pendent care center (as defined in subpara-2
186186 graph (D)) shall be taken into account only if— 3
187187 ‘‘(i) such center complies with all ap-4
188188 plicable laws and regulations of a State or 5
189189 unit of local government, and 6
190190 ‘‘(ii) the requirements of subpara-7
191191 graph (B) are met. 8
192192 ‘‘(D) D
193193 EPENDENT CARE CENTER DE -9
194194 FINED.—For purposes of this paragraph, the 10
195195 term ‘dependent care center’ means any facility 11
196196 which— 12
197197 ‘‘(i) provides care for more than six 13
198198 individuals (other than individuals who re-14
199199 side at the facility), and 15
200200 ‘‘(ii) receives a fee, payment, or grant 16
201201 for providing services for any of the indi-17
202202 viduals (regardless of whether such facility 18
203203 is operated for profit). 19
204204 ‘‘(c) D
205205 OLLARLIMIT ONAMOUNTCREDITABLE.—The 20
206206 amount of the employment-related expenses incurred dur-21
207207 ing any taxable year which may be taken into account 22
208208 under subsection (a) shall not exceed— 23
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212212 ‘‘(1) $7,500 if there is 1 qualifying individual 1
213213 with respect to the taxpayer for such taxable year, 2
214214 or 3
215215 ‘‘(2) $15,000 if there are 2 or more qualifying 4
216216 individuals with respect to the taxpayer for such tax-5
217217 able year. 6
218218 The amount determined under paragraph (1) or (2) 7
219219 (whichever is applicable) shall be reduced by the aggregate 8
220220 amount excludable from gross income under section 129 9
221221 for the taxable year. 10
222222 ‘‘(d) E
223223 ARNEDINCOMELIMITATION.— 11
224224 ‘‘(1) I
225225 N GENERAL.—Except as otherwise pro-12
226226 vided in this subsection, the amount of the employ-13
227227 ment-related expenses incurred during any taxable 14
228228 year which may be taken into account under sub-15
229229 section (a) shall not exceed— 16
230230 ‘‘(A) in the case of an individual who is 17
231231 not married at the close of such year, such indi-18
232232 vidual’s earned income for such year, or 19
233233 ‘‘(B) in the case of an individual who is 20
234234 married at the close of such year, the lesser of 21
235235 such individual’s earned income or the earned 22
236236 income of his spouse for such year. 23
237237 ‘‘(2) S
238238 PECIAL RULE FOR SPOUSE WHO IS A 24
239239 STUDENT OR INCAPABLE OF CARING FOR HIM -25
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243243 SELF.—In the case of a spouse who is a student or 1
244244 a qualifying individual described in subsection 2
245245 (b)(1)(C), for purposes of paragraph (1), such 3
246246 spouse shall be deemed for each month during which 4
247247 such spouse is a full-time student at an educational 5
248248 institution, or is such a qualifying individual, to be 6
249249 gainfully employed and to have earned income of not 7
250250 less than— 8
251251 ‘‘(A) $250 if subsection (c)(1) applies for 9
252252 the taxable year, or 10
253253 ‘‘(B) $500 if subsection (c)(2) applies for 11
254254 the taxable year. 12
255255 ‘‘(e) I
256256 NFLATIONADJUSTMENT.— 13
257257 ‘‘(1) I
258258 N GENERAL.—In the case of any taxable 14
259259 year beginning after 2024, the dollar amounts in 15
260260 this section shall be increased by an amount equal 16
261261 to— 17
262262 ‘‘(A) such dollar amount, multiplied by 18
263263 ‘‘(B) the cost-of-living adjustment deter-19
264264 mined under section 1(f)(3) for the calendar 20
265265 year in which the taxable year begins, deter-21
266266 mined by substituting ‘calendar year 2023’ for 22
267267 ‘calendar year 2016’ in subparagraph (A)(ii). 23
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271271 ‘‘(2) ROUNDING.—If any increase under para-1
272272 graph (1) is not a multiple of $10, such increase 2
273273 shall be rounded to the nearest multiple of $10. 3
274274 ‘‘(f) S
275275 PECIALRULES.—For purposes of this sec-4
276276 tion— 5
277277 ‘‘(1) P
278278 LACE OF ABODE .—An individual shall 6
279279 not be treated as having the same principal place of 7
280280 abode of the taxpayer if at any time during the tax-8
281281 able year of the taxpayer the relationship between 9
282282 the individual and the taxpayer is in violation of 10
283283 local law. 11
284284 ‘‘(2) M
285285 ARRIED COUPLES MUST FILE JOINT RE -12
286286 TURN.—If the taxpayer is married at the close of 13
287287 the taxable year, the credit shall be allowed under 14
288288 subsection (a) only if the taxpayer and his spouse 15
289289 file a joint return for the taxable year. 16
290290 ‘‘(3) M
291291 ARITAL STATUS.—An individual legally 17
292292 separated from his spouse under a decree of divorce 18
293293 or of separate maintenance shall not be considered 19
294294 as married. 20
295295 ‘‘(4) C
296296 ERTAIN MARRIED INDIVIDUALS LIVING 21
297297 APART.—If— 22
298298 ‘‘(A) an individual who is married and who 23
299299 files a separate return— 24
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303303 ‘‘(i) maintains as his home a house-1
304304 hold which constitutes for more than one- 2
305305 half of the taxable year the principal place 3
306306 of abode of a qualifying individual, and 4
307307 ‘‘(ii) furnishes over half of the cost of 5
308308 maintaining such household during the 6
309309 taxable year, and 7
310310 ‘‘(B) during the last 6 months of such tax-8
311311 able year such individual’s spouse is not a mem-9
312312 ber of such household, 10
313313 such individual shall not be considered as married. 11
314314 ‘‘(5) S
315315 PECIAL DEPENDENCY TEST IN CASE OF 12
316316 DIVORCED PARENTS, ETC.—If— 13
317317 ‘‘(A) section 152(e) applies to any child 14
318318 with respect to any calendar year, and 15
319319 ‘‘(B) such child is under the age of 13 or 16
320320 is physically or mentally incapable of caring for 17
321321 himself, 18
322322 in the case of any taxable year beginning in such 19
323323 calendar year, such child shall be treated as a quali-20
324324 fying individual described in subparagraph (A) or 21
325325 (B) of subsection (b)(1) (whichever is appropriate) 22
326326 with respect to the custodial parent (as defined in 23
327327 section 152(e)(4)(A)), and shall not be treated as a 24
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331331 qualifying individual with respect to the noncustodial 1
332332 parent. 2
333333 ‘‘(6) P
334334 AYMENTS TO RELATED INDIVIDUALS .— 3
335335 No credit shall be allowed under subsection (a) for 4
336336 any amount paid by the taxpayer to an individual— 5
337337 ‘‘(A) with respect to whom, for the taxable 6
338338 year, a deduction under section 151(c) (relating 7
339339 to deduction for personal exemptions for de-8
340340 pendents) is allowable either to the taxpayer or 9
341341 his spouse, or 10
342342 ‘‘(B) who is a child of the taxpayer (within 11
343343 the meaning of section 152(f)(1)) who has not 12
344344 attained the age of 19 at the close of the tax-13
345345 able year. 14
346346 For purposes of this paragraph, the term ‘taxable 15
347347 year’ means the taxable year of the taxpayer in 16
348348 which the service is performed. 17
349349 ‘‘(7) S
350350 TUDENT.—The term ‘student’ means an 18
351351 individual who during each of 5 calendar months 19
352352 during the taxable year is a full-time student at an 20
353353 educational organization. 21
354354 ‘‘(8) E
355355 DUCATIONAL ORGANIZATION .—The term 22
356356 ‘educational organization’ means an educational or-23
357357 ganization described in section 170(b)(1)(A)(ii). 24
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361361 ‘‘(9) IDENTIFYING INFORMATION REQUIRED 1
362362 WITH RESPECT TO SERVICE PROVIDER .—No credit 2
363363 shall be allowed under subsection (a) for any amount 3
364364 paid to any person unless— 4
365365 ‘‘(A) the name, address, and taxpayer 5
366366 identification number of such person are in-6
367367 cluded on the return claiming the credit, or 7
368368 ‘‘(B) if such person is an organization de-8
369369 scribed in section 501(c)(3) and exempt from 9
370370 tax under section 501(a), the name and address 10
371371 of such person are included on the return 11
372372 claiming the credit. 12
373373 In the case of a failure to provide the information 13
374374 required under the preceding sentence, the preceding 14
375375 sentence shall not apply if it is shown that the tax-15
376376 payer exercised due diligence in attempting to pro-16
377377 vide the information so required. 17
378378 ‘‘(10) I
379379 DENTIFYING INFORMATION REQUIRED 18
380380 WITH RESPECT TO QUALIFYING INDIVIDUALS .—No 19
381381 credit shall be allowed under this section with re-20
382382 spect to any qualifying individual unless the TIN of 21
383383 such individual is included on the return claiming 22
384384 the credit. 23
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388388 ‘‘(g) REGULATIONS.—The Secretary shall issue such 1
389389 regulations or other guidance as may be necessary or ap-2
390390 propriate to carry out the purposes of this section.’’. 3
391391 (b) C
392392 ONFORMINGAMENDMENTS.— 4
393393 (1) Section 1324(b) of title 31, United States 5
394394 Code, is amended by inserting ‘‘36C,’’ after ‘‘36B,’’. 6
395395 (2) Subpart A of part IV of subchapter A of 7
396396 chapter 1 of such Code is amended by repealing sec-8
397397 tion 21 and by striking the item relating to such sec-9
398398 tion in the table of sections for such subpart. 10
399399 (3) Section 45F(C)(1)(A)(iv) of such Code, as 11
400400 added by this Act, is amended by striking ‘‘section 12
401401 21(b)(1)(A)’’ and inserting ‘‘section 36C(b)(1)(A)’’. 13
402402 (4) The table of sections for subpart A of part 14
403403 IV of subchapter A of chapter 1 of such Code is 15
404404 amended by striking the item relating to section 21. 16
405405 (5) Section 6211(b)(4)(A) of such Code is 17
406406 amended by striking ‘‘21 by reason of subsection (g) 18
407407 thereof,’’. 19
408408 (6) Section 6213(g)(2) of such Code is amend-20
409409 ed— 21
410410 (A) in subparagraph (H), by striking ‘‘sec-22
411411 tion 21’’ and inserting ‘‘section 36C’’, and 23
412412 (B) in subparagraph (L)— 24
413413 (i) by striking ‘‘21,’’, and 25
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417417 (ii) by inserting ‘‘36C,’’ after ‘‘32,’’. 1
418418 (7) The following sections of such Code are 2
419419 each amended by striking ‘‘section 21(e)’’ and in-3
420420 serting ‘‘section 36C(e)’’. 4
421421 (A) Section 23(f)(1). 5
422422 (B) Section 35(g)(6). 6
423423 (C) Section 129(a)(2)(C), as amended by 7
424424 this Act. 8
425425 (8) Section 129 of such Code is further amend-9
426426 ed— 10
427427 (A) in subsection (b)(2), by striking ‘‘sec-11
428428 tion 21(d)(2)’’ and inserting ‘‘section 12
429429 36C(d)(2)’’, and 13
430430 (B) in subsection (e)(1), by striking ‘‘sec-14
431431 tion 21(b)(2)’’ and inserting ‘‘section 15
432432 36C(b)(2)’’. 16
433433 (9) Section 213(e) of such Code is amended by 17
434434 striking ‘‘section 21’’ and inserting ‘‘section 36C’’. 18
435435 (c) C
436436 LERICALAMENDMENT.—The table of sections 19
437437 for subpart C of part IV of subchapter A of chapter 1 20
438438 of such Code is amended by inserting after the item relat-21
439439 ing to section 36B the following new item: 22
440440 ‘‘Sec. 36C. Expenses for household and dependent care services necessary for
441441 gainful employment.’’.
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445445 (d) EFFECTIVEDATE.—The amendments made by 1
446446 this section shall apply to taxable years beginning after 2
447447 the date of the enactment of this section. 3
448448 Æ
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