Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2097 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 2097
55 To amend the Internal Revenue Code of 1986 to allow a refundable credit
66 against income tax for tuition expenses incurred for each qualifying
77 child of the taxpayer in attending public or private elementary or sec-
88 ondary school.
99 IN THE HOUSE OF REPRESENTATIVES
1010 MARCH14, 2025
1111 Mr. S
1212 MITHof New Jersey introduced the following bill; which was referred
1313 to the Committee on Ways and Means
1414 A BILL
1515 To amend the Internal Revenue Code of 1986 to allow a
1616 refundable credit against income tax for tuition expenses
1717 incurred for each qualifying child of the taxpayer in
1818 attending public or private elementary or secondary
1919 school.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘Education, Achieve-4
2424 ment, and Opportunity Act’’. 5
2525 SEC. 2. FINDINGS. 6
2626 Congress finds the following: 7
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3030 (1) Private schools supplement the public school 1
3131 system and are a vital component of our Nation’s 2
3232 school network. 3
3333 (2) The public school system was created to 4
3434 serve students, not the other way around. Children 5
3535 should have the opportunity to attend the school sys-6
3636 tem that is most conducive to developing their abili-7
3737 ties, and parents have the right to choose the public 8
3838 or private school that best meets their child’s indi-9
3939 vidual needs. 10
4040 SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDU-11
4141 CATION EXPENSES. 12
4242 (a) I
4343 NGENERAL.—Subpart C of part IV of sub-13
4444 chapter A of chapter 1 of the Internal Revenue Code of 14
4545 1986 (relating to refundable credits) is amended by insert-15
4646 ing after section 36B the following new section: 16
4747 ‘‘SEC. 36C. ELEMENTARY AND SECONDARY EDUCATION EX-17
4848 PENSES. 18
4949 ‘‘(a) A
5050 LLOWANCE OFCREDIT.— 19
5151 ‘‘(1) I
5252 N GENERAL.—In the case of an indi-20
5353 vidual, there shall be allowed as a credit against the 21
5454 tax imposed by this subtitle for the taxable year the 22
5555 amount of the qualified education expenses paid by 23
5656 the taxpayer during the taxable year for each quali-24
5757 fying child of the taxpayer. 25
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6161 ‘‘(2) AMOUNT PER CHILD .—The amount of 1
6262 credit allowable under paragraph (1) for any taxable 2
6363 year with respect to the qualified education expenses 3
6464 of each qualifying child of the taxpayer shall not ex-4
6565 ceed $10,000. 5
6666 ‘‘(b) L
6767 IMITATIONBASED ONADJUSTEDGROSSIN-6
6868 COME.— 7
6969 ‘‘(1) I
7070 N GENERAL.—The amount of the credit 8
7171 allowable under subsection (a) (after the application 9
7272 of subsection (a)(2)) shall be reduced (but not below 10
7373 zero) by $50 for each $1,000 (or fraction thereof) by 11
7474 which the taxpayer’s modified adjusted gross income 12
7575 exceeds the threshold amount. 13
7676 ‘‘(2) D
7777 EFINITIONS AND SPECIAL RULES .—For 14
7878 purposes of this paragraph (1)— 15
7979 ‘‘(A) T
8080 HRESHOLD AMOUNT .—The term 16
8181 ‘threshold amount’ means— 17
8282 ‘‘(i) $150,000 in the case of a joint 18
8383 return, and 19
8484 ‘‘(ii) $75,000 in any other case. 20
8585 ‘‘(B) M
8686 ODIFIED ADJUSTED GROSS IN -21
8787 COME.—The term ‘modified adjusted gross in-22
8888 come’ means adjusted gross income increased 23
8989 by any amount excluded from gross income 24
9090 under section 911, 931, or 933. 25
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9494 ‘‘(C) MARITAL STATUS.—Marital status 1
9595 shall be determined under section 7703. 2
9696 ‘‘(c) D
9797 EFINITIONS.—For purposes of this section— 3
9898 ‘‘(1) Q
9999 UALIFYING CHILD.—The term ‘qualifying 4
100100 child’ has the meaning given such term in section 5
101101 24(c). 6
102102 ‘‘(2) Q
103103 UALIFIED EDUCATION EXPENSES .— 7
104104 ‘‘(A) I
105105 N GENERAL.—The term ‘qualified 8
106106 education expenses’ means amounts paid for— 9
107107 ‘‘(i) tuition and fees required for the 10
108108 enrollment or attendance of a student at a 11
109109 qualified educational institution, and 12
110110 ‘‘(ii) so much of the following non-tui-13
111111 tion expenses as does not exceed $1,500: 14
112112 ‘‘(I) Computers, educational soft-15
113113 ware, computer support services, and 16
114114 books required for courses of instruc-17
115115 tion at a qualified educational institu-18
116116 tion. 19
117117 ‘‘(II) Academic tutoring (by a 20
118118 person other than the taxpayer). 21
119119 ‘‘(III) Special needs services for 22
120120 qualifying children who are children 23
121121 with disabilities (as such term is de-24
122122 fined in section 602(3) of the Individ-25
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126126 uals with Disabilities Education Act 1
127127 (20 U.S.C. 1401(3))). 2
128128 ‘‘(IV) Fees for transportation 3
129129 services to and from a private school, 4
130130 if the transportation is provided by 5
131131 the school and the school charges a 6
132132 fee for the transportation. 7
133133 ‘‘(V) Academic testing services. 8
134134 ‘‘(B) A
135135 MOUNTS EXCLUDED .—The term 9
136136 does not include special school fees for nonaca-10
137137 demic purposes, including fees for student ac-11
138138 tivities, athletics, insurance, school uniforms, 12
139139 and nonacademic after-school activities. 13
140140 ‘‘(3) Q
141141 UALIFIED EDUCATIONAL INSTITUTION .— 14
142142 The term ‘qualified educational institution’ means 15
143143 any public, charter, private, parochial, or religious 16
144144 school organized for the purpose of providing ele-17
145145 mentary or secondary education, or both, without re-18
146146 gard to the religious nature, character, affiliation, 19
147147 mission, beliefs, or exercise of such school. 20
148148 ‘‘(d) A
149149 DJUSTMENT FOR COVERDELLSAVINGSAC-21
150150 COUNTDISTRIBUTIONS.—The amount of qualified edu-22
151151 cation expenses taken into account under subsection (a) 23
152152 with respect to an individual for a taxable year shall be 24
153153 reduced (before the application of subsection (b)) by the 25
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157157 sum of any amounts not includible in gross income under 1
158158 section 530(d)(2) for such taxable year by reason of the 2
159159 qualified elementary and secondary education expenses (as 3
160160 defined in section 530(b)(3)) of such individual for such 4
161161 taxable year.’’. 5
162162 (b) T
163163 ECHNICALAMENDMENTS.— 6
164164 (1) Paragraph (2) of section 1324(b) of title 7
165165 31, United States Code, is amended by inserting 8
166166 ‘‘36C,’’ after ‘‘36B,’’. 9
167167 (2) The table of sections for subpart C of part 10
168168 IV of subchapter A of chapter 1 of the Internal Rev-11
169169 enue Code of 1986 is amended by inserting after the 12
170170 item relating to section 36C the following new item: 13
171171 ‘‘Sec. 36C. Elementary and secondary education expenses.’’.
172172 (c) EFFECTIVEDATE.—The amendments made by 14
173173 this section shall apply to taxable years beginning after 15
174174 the date of the enactment of this Act. 16
175175 Æ
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