Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB847 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 847
55 To amend the Internal Revenue Code of 1986 to expand the employer-
66 provided child care credit and the dependent care assistance exclusion.
77 IN THE SENATE OF THE UNITED STATES
88 MARCH4, 2025
99 Mrs. B
1010 RITT(for herself, Mr. KAINE, Ms. ERNST, Mrs. SHAHEEN, Mr. CURTIS,
1111 Mr. K
1212 ING, Ms. COLLINS, Mrs. GILLIBRAND, and Mrs. CAPITO) intro-
1313 duced the following bill; which was read twice and referred to the Com-
1414 mittee on Finance
1515 A BILL
1616 To amend the Internal Revenue Code of 1986 to expand
1717 the employer-provided child care credit and the depend-
1818 ent care assistance exclusion.
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 ‘‘Child Care Availability 4
2323 and Affordability Act’’. 5
2424 SEC. 2. EXPANSION OF EMPLOYER-PROVIDED CHILD CARE 6
2525 CREDIT. 7
2626 (a) I
2727 NCREASE OF AMOUNT OF QUALIFIEDCHILD 8
2828 C
2929 AREEXPENDITURESTAKENINTOACCOUNT.—Section 9
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3232 •S 847 IS
3333 45F(a)(1) of the Internal Revenue Code of 1986 is amend-1
3434 ed by striking ‘‘25 percent’’ and inserting ‘‘50 percent’’. 2
3535 (b) I
3636 NCREASE OFMAXIMUMCREDITAMOUNT.—Sec-3
3737 tion 45F(b) of the Internal Revenue Code of 1986 is 4
3838 amended by striking ‘‘$150,000’’ and inserting 5
3939 ‘‘$500,000’’. 6
4040 (c) T
4141 REATMENT OFJOINTLYOWNED OROPERATED 7
4242 C
4343 HILDCAREFACILITY.—Section 45F(c)(1) of the Internal 8
4444 Revenue Code of 1986 is amended by adding at the end 9
4545 the following new subparagraph: 10
4646 ‘‘(C) J
4747 OINTLY OWNED OR OPERATED 11
4848 CHILDCARE FACILITY.—For purposes of sub-12
4949 paragraph (A)(i)(I), a facility shall not fail to 13
5050 be treated as a qualified childcare facility of the 14
5151 taxpayer merely because such facility is jointly 15
5252 owned or operated by the taxpayer and other 16
5353 persons.’’. 17
5454 (d) S
5555 PECIALRULE FORSMALLBUSINESSES.—Sec-18
5656 tion 45F(e) of the Internal Revenue Code of 1986 is 19
5757 amended by adding at the end the following new para-20
5858 graph: 21
5959 ‘‘(4) S
6060 MALL BUSINESSES.— 22
6161 ‘‘(A) I
6262 N GENERAL.—In the case of a tax-23
6363 payer described in subparagraph (B)— 24
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6666 •S 847 IS
6767 ‘‘(i) subsection (a)(1) shall be applied 1
6868 by substituting ‘60 percent’ for ‘50 per-2
6969 cent’, and 3
7070 ‘‘(ii) subsection (b) shall be applied by 4
7171 substituting ‘$600,000’ for ‘$500,000’. 5
7272 ‘‘(B) T
7373 AXPAYER DESCRIBED .—A taxpayer 6
7474 described in this subparagraph is a taxpayer 7
7575 that meets the gross receipts test of section 8
7676 448(c), determined— 9
7777 ‘‘(i) by substituting ‘5-taxable-year’ 10
7878 for ‘3-taxable-year’ in paragraph (1) there-11
7979 of, and 12
8080 ‘‘(ii) by substituting ‘5-year’ for ‘3- 13
8181 year’ each place such term appears in 14
8282 paragraph (3)(A) thereof.’’. 15
8383 (e) E
8484 FFECTIVEDATE.—The amendments made by 16
8585 this section shall apply to amounts paid or incurred after 17
8686 the date of the enactment of this section. 18
8787 SEC. 3. INCREASE IN AMOUNT EXCLUDABLE FOR DEPEND-19
8888 ENT CARE ASSISTANCE PROGRAMS. 20
8989 (a) I
9090 NGENERAL.—Section 129(a)(2)(A) of the Inter-21
9191 nal Revenue Code of 1986 is amended by striking ‘‘$5,000 22
9292 ($2,500’’ and inserting ‘‘$7,500 ($3,750’’. 23
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9595 •S 847 IS
9696 (b) EFFECTIVEDATE.—The amendment made by 1
9797 this section shall apply to amounts paid or incurred after 2
9898 the date of the enactment of this section. 3
9999 SEC. 4. HOUSEHOLD AND DEPENDENT CARE CREDIT IN-4
100100 CREASED AND MADE REFUNDABLE. 5
101101 (a) I
102102 NGENERAL.—Subpart C of part IV of sub-6
103103 chapter A of chapter 1 of the Internal Revenue Code of 7
104104 1986 is amending by inserting after section 36B the fol-8
105105 lowing new section: 9
106106 ‘‘SEC. 36C. EXPENSES FOR HOUSEHOLD AND DEPENDENT 10
107107 CARE SERVICES NECESSARY FOR GAINFUL 11
108108 EMPLOYMENT. 12
109109 ‘‘(a) A
110110 LLOWANCE OFCREDIT.— 13
111111 ‘‘(1) I
112112 N GENERAL.—In the case of an individual 14
113113 for which there are 1 or more qualifying individuals 15
114114 with respect to such individual, there shall be al-16
115115 lowed as a credit against the tax imposed by this 17
116116 chapter for the taxable year an amount equal to the 18
117117 applicable percentage of the employment-related ex-19
118118 penses paid by such individual during the taxable 20
119119 year. 21
120120 ‘‘(2) A
121121 PPLICABLE PERCENTAGE DEFINED .—For 22
122122 purposes of paragraph (1), the term ‘applicable per-23
123123 centage’ means 50 percent— 24
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126126 •S 847 IS
127127 ‘‘(A) reduced (but not below 35 percent) 1
128128 by 1 percentage point for each $2,000 (or frac-2
129129 tion thereof) by which the taxpayer’s adjusted 3
130130 gross income for the taxable year exceeds 4
131131 $15,000, and 5
132132 ‘‘(B) further reduced (but not below zero) 6
133133 by 1 percentage point for each $2,000 (or frac-7
134134 tion thereof) by which the taxpayer’s adjusted 8
135135 gross income for the taxable year exceeds 9
136136 $150,000. 10
137137 ‘‘(b) D
138138 EFINITIONS OFQUALIFYINGINDIVIDUAL AND 11
139139 E
140140 MPLOYMENT-RELATEDEXPENSES.—For purposes of 12
141141 this section— 13
142142 ‘‘(1) Q
143143 UALIFYING INDIVIDUAL .—The term 14
144144 ‘qualifying individual’ means— 15
145145 ‘‘(A) a dependent of the taxpayer (as de-16
146146 fined in section 152(a)(1)) who has not attained 17
147147 age 13, 18
148148 ‘‘(B) a dependent of the taxpayer (as de-19
149149 fined in section 152, determined without regard 20
150150 to subsections (b)(1), (b)(2), and (d)(1)(B)) 21
151151 who is physically or mentally incapable of car-22
152152 ing for himself or herself and who has the same 23
153153 principal place of abode as the taxpayer for 24
154154 more than one-half of such taxable year, or 25
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157157 •S 847 IS
158158 ‘‘(C) the spouse of the taxpayer, if the 1
159159 spouse is physically or mentally incapable of 2
160160 caring for himself or herself and who has the 3
161161 same principal place of abode as the taxpayer 4
162162 for more than one-half of such taxable year. 5
163163 ‘‘(2) E
164164 MPLOYMENT-RELATED EXPENSES .— 6
165165 ‘‘(A) I
166166 N GENERAL.—The term ‘employ-7
167167 ment-related expenses’ means amounts paid for 8
168168 the following expenses, but only if such ex-9
169169 penses are incurred to enable the taxpayer to be 10
170170 gainfully employed for any period for which 11
171171 there are 1 or more qualifying individuals with 12
172172 respect to the taxpayer: 13
173173 ‘‘(i) Expenses for household services. 14
174174 ‘‘(ii) Expenses for the care of a quali-15
175175 fying individual. 16
176176 Such term shall not include any amount paid 17
177177 for services outside the taxpayer’s household at 18
178178 a camp where the qualifying individual stays 19
179179 overnight. 20
180180 ‘‘(B) E
181181 XCEPTION.—Employment-related 21
182182 expenses described in subparagraph (A) which 22
183183 are incurred for services outside the taxpayer’s 23
184184 household shall be taken into account only if in-24
185185 curred for the care of— 25
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188188 •S 847 IS
189189 ‘‘(i) a qualifying individual described 1
190190 in paragraph (1)(A), or 2
191191 ‘‘(ii) a qualifying individual (not de-3
192192 scribed in paragraph (1)(A)) who regularly 4
193193 spends at least 8 hours each day in the 5
194194 taxpayer’s household. 6
195195 ‘‘(C) D
196196 EPENDENT CARE CENTERS .—Em-7
197197 ployment-related expenses described in subpara-8
198198 graph (A) which are incurred for services pro-9
199199 vided outside the taxpayer’s household by a de-10
200200 pendent care center (as defined in subpara-11
201201 graph (D)) shall be taken into account only if— 12
202202 ‘‘(i) such center complies with all ap-13
203203 plicable laws and regulations of a State or 14
204204 unit of local government, and 15
205205 ‘‘(ii) the requirements of subpara-16
206206 graph (B) are met. 17
207207 ‘‘(D) D
208208 EPENDENT CARE CENTER DE -18
209209 FINED.—For purposes of this paragraph, the 19
210210 term ‘dependent care center’ means any facility 20
211211 which— 21
212212 ‘‘(i) provides care for more than 6 in-22
213213 dividuals (other than individuals who re-23
214214 side at the facility), and 24
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217217 •S 847 IS
218218 ‘‘(ii) receives a fee, payment, or grant 1
219219 for providing services for any of the indi-2
220220 viduals (regardless of whether such facility 3
221221 is operated for profit). 4
222222 ‘‘(c) D
223223 OLLARLIMIT ONAMOUNTCREDITABLE.—The 5
224224 amount of the employment-related expenses incurred dur-6
225225 ing any taxable year which may be taken into account 7
226226 under subsection (a) shall not exceed— 8
227227 ‘‘(1) $5,000 if there is 1 qualifying individual 9
228228 with respect to the taxpayer for such taxable year, 10
229229 or 11
230230 ‘‘(2) $8,000 if there are 2 or more qualifying 12
231231 individuals with respect to the taxpayer for such tax-13
232232 able year. 14
233233 ‘‘(d) E
234234 ARNEDINCOMELIMITATION.— 15
235235 ‘‘(1) I
236236 N GENERAL.—Except as otherwise pro-16
237237 vided in this subsection, the amount of the employ-17
238238 ment-related expenses incurred during any taxable 18
239239 year which may be taken into account under sub-19
240240 section (a) shall not exceed— 20
241241 ‘‘(A) in the case of an individual who is 21
242242 not married at the close of such year, such indi-22
243243 vidual’s earned income for such year, or 23
244244 ‘‘(B) in the case of an individual who is 24
245245 married at the close of such year, the lesser of 25
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248248 •S 847 IS
249249 such individual’s earned income or the earned 1
250250 income of his spouse for such year. 2
251251 ‘‘(2) S
252252 PECIAL RULE FOR SPOUSE WHO IS A 3
253253 STUDENT OR INCAPABLE OF CARING FOR SELF .—In 4
254254 the case of a spouse who is a student or a qualifying 5
255255 individual described in subsection (b)(1)(C), for pur-6
256256 poses of paragraph (1), such spouse shall be deemed 7
257257 for each month during which such spouse is a full- 8
258258 time student at an educational institution, or is such 9
259259 a qualifying individual, to be gainfully employed and 10
260260 to have earned income of not less than— 11
261261 ‘‘(A) $250 if subsection (c)(1) applies for 12
262262 the taxable year, or 13
263263 ‘‘(B) $500 if subsection (c)(2) applies for 14
264264 the taxable year. 15
265265 ‘‘(e) S
266266 PECIALRULES.—For purposes of this sec-16
267267 tion— 17
268268 ‘‘(1) P
269269 LACE OF ABODE .—An individual shall 18
270270 not be treated as having the same principal place of 19
271271 abode of the taxpayer if at any time during the tax-20
272272 able year of the taxpayer the relationship between 21
273273 the individual and the taxpayer is in violation of 22
274274 local law. 23
275275 ‘‘(2) M
276276 ARRIED COUPLES MUST FILE JOINT RE -24
277277 TURN.—If the taxpayer is married at the close of 25
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280280 •S 847 IS
281281 the taxable year, the credit shall be allowed under 1
282282 subsection (a) only if the taxpayer and the tax-2
283283 payer’s spouse file a joint return for the taxable 3
284284 year. 4
285285 ‘‘(3) M
286286 ARITAL STATUS.—An individual legally 5
287287 separated from the individual’s spouse under a de-6
288288 cree of divorce or of separate maintenance shall not 7
289289 be considered as married. 8
290290 ‘‘(4) C
291291 ERTAIN MARRIED INDIVIDUALS LIVING 9
292292 APART.—If— 10
293293 ‘‘(A) an individual who is married and who 11
294294 files a separate return— 12
295295 ‘‘(i) maintains as the individual’s 13
296296 home a household which constitutes for 14
297297 more than
298298 1
299299 ⁄2of the taxable year the prin-15
300300 cipal place of abode of a qualifying indi-16
301301 vidual, and 17
302302 ‘‘(ii) furnishes over half of the cost of 18
303303 maintaining such household during the 19
304304 taxable year, and 20
305305 ‘‘(B) during the last 6 months of such tax-21
306306 able year such individual’s spouse is not a mem-22
307307 ber of such household, 23
308308 such individual shall not be considered as married. 24
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311311 •S 847 IS
312312 ‘‘(5) SPECIAL DEPENDENCY TEST IN CASE OF 1
313313 DIVORCED PARENTS, ETC.—If— 2
314314 ‘‘(A) section 152(e) applies to any child 3
315315 with respect to any calendar year, and 4
316316 ‘‘(B) such child is under the age of 13 or 5
317317 is physically or mentally incapable of caring for 6
318318 himself or herself, 7
319319 in the case of any taxable year beginning in such 8
320320 calendar year, such child shall be treated as a quali-9
321321 fying individual described in subparagraph (A) or 10
322322 (B) of subsection (b)(1) (whichever is appropriate) 11
323323 with respect to the custodial parent (as defined in 12
324324 section 152(e)(4)(A)), and shall not be treated as a 13
325325 qualifying individual with respect to the noncustodial 14
326326 parent. 15
327327 ‘‘(6) P
328328 AYMENTS TO RELATED INDIVIDUALS .— 16
329329 No credit shall be allowed under subsection (a) for 17
330330 any amount paid by the taxpayer to an individual— 18
331331 ‘‘(A) with respect to whom, for the taxable 19
332332 year, a deduction under section 151(c) (relating 20
333333 to deduction for personal exemptions for de-21
334334 pendents) is allowable either to the taxpayer or 22
335335 the taxpayer’s spouse, or 23
336336 ‘‘(B) who is a child of the taxpayer (within 24
337337 the meaning of section 152(f)(1)) who has not 25
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340340 •S 847 IS
341341 attained the age of 19 at the close of the tax-1
342342 able year. 2
343343 For purposes of this paragraph, the term ‘taxable 3
344344 year’ means the taxable year of the taxpayer in 4
345345 which the service is performed. 5
346346 ‘‘(7) S
347347 TUDENT.—The term ‘student’ means an 6
348348 individual who during each of 5 calendar months 7
349349 during the taxable year is a full-time student at an 8
350350 educational organization. 9
351351 ‘‘(8) E
352352 DUCATIONAL ORGANIZATION .—The term 10
353353 ‘educational organization’ means an educational or-11
354354 ganization described in section 170(b)(1)(A)(ii). 12
355355 ‘‘(9) I
356356 DENTIFYING INFORMATION REQUIRED 13
357357 WITH RESPECT TO SERVICE PROVIDER .—No credit 14
358358 shall be allowed under subsection (a) for any amount 15
359359 paid to any person unless— 16
360360 ‘‘(A) the name, address, and taxpayer 17
361361 identification number of such person are in-18
362362 cluded on the return claiming the credit, or 19
363363 ‘‘(B) if such person is an organization de-20
364364 scribed in section 501(c)(3) and exempt from 21
365365 tax under section 501(a), the name and address 22
366366 of such person are included on the return 23
367367 claiming the credit. 24
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370370 •S 847 IS
371371 In the case of a failure to provide the information 1
372372 required under the preceding sentence, the preceding 2
373373 sentence shall not apply if it is shown that the tax-3
374374 payer exercised due diligence in attempting to pro-4
375375 vide the information so required. 5
376376 ‘‘(10) I
377377 DENTIFYING INFORMATION REQUIRED 6
378378 WITH RESPECT TO QUALIFYING INDIVIDUALS .—No 7
379379 credit shall be allowed under this section with re-8
380380 spect to any qualifying individual unless the TIN of 9
381381 such individual is included on the return claiming 10
382382 the credit. 11
383383 ‘‘(f) R
384384 EGULATIONS.—The Secretary shall issue such 12
385385 regulations or other guidance as may be necessary or ap-13
386386 propriate to carry out the purposes of this section.’’. 14
387387 (b) C
388388 ONFORMINGAMENDMENTS.— 15
389389 (1) Section 1324(b) of title 31 is amended by 16
390390 inserting ‘‘36C,’’ after ‘‘36B,’’. 17
391391 (2) Section 21 of the Internal Revenue Code of 18
392392 1986 is repealed. 19
393393 (3) The table of sections for subpart A of part 20
394394 IV of subchapter A of chapter 1 of such Code is 21
395395 amended by striking the item relating to section 21. 22
396396 (4) Section 6211(b)(4)(A) of such Code is 23
397397 amended by striking ‘‘21 by reason of subsection (g) 24
398398 thereof,’’. 25
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401401 •S 847 IS
402402 (5) Section 6213(g)(2) of such Code is amend-1
403403 ed— 2
404404 (A) in subparagraph (H), by striking ‘‘sec-3
405405 tion 21’’ and inserting ‘‘section 36C’’, and 4
406406 (B) in subparagraph (L)— 5
407407 (i) by striking ‘‘21,’’, and 6
408408 (ii) by inserting ‘‘36C,’’ after ‘‘32,’’. 7
409409 (6) The following sections of such Code are 8
410410 each amended by striking ‘‘section 21(e)’’ and in-9
411411 serting ‘‘section 36C(e)’’. 10
412412 (A) Section 23(f)(1). 11
413413 (B) Section 35(g)(6). 12
414414 (C) Section 129(a)(2)(C). 13
415415 (7) Section 129 of such Code is further amend-14
416416 ed— 15
417417 (A) in subsection (b)(2), by striking ‘‘sec-16
418418 tion 21(d)(2)’’ and inserting ‘‘section 17
419419 36C(d)(2)’’, and 18
420420 (B) in subsection (e)(1), by striking ‘‘sec-19
421421 tion 21(b)(2)’’ and inserting ‘‘section 20
422422 36C(b)(2)’’. 21
423423 (8) Section 213(e) of such Code is amended by 22
424424 striking ‘‘section 21’’ and inserting ‘‘section 36C’’. 23
425425 (c) C
426426 LERICALAMENDMENT.—The table of sections 24
427427 for subpart C of part IV of subchapter A of chapter 1 25
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430430 •S 847 IS
431431 of such Code is amended by inserting after the item relat-1
432432 ing to section 36B the following new item: 2
433433 ‘‘Sec. 36C. Expenses for household and dependent care services necessary for
434434 gainful employment.’’.
435435 (d) EFFECTIVEDATE.—The amendments made by 3
436436 this section shall apply to taxable years beginning after 4
437437 the date of the enactment of this section. 5
438438 Æ
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