S847-119

1. Short title This Act may be cited as the Child Care Availability and Affordability Act.

4. Household and dependent care credit increased and made refundable Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amending by inserting after section 36B the following new section: In the case of an individual for which there are 1 or more qualifying individuals with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses paid by such individual during the taxable year. For purposes of paragraph (1), the term applicable percentage means 50 percent— reduced (but not below 35 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $15,000, and further reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $150,000. For purposes of this section— The term qualifying individual means— a dependent of the taxpayer (as defined in section 152(a)(1)) who has not attained age 13, a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B)) who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year, or the spouse of the taxpayer, if the spouse is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year. The term employment-related expenses means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: Expenses for household services. Expenses for the care of a qualifying individual. Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer’s household shall be taken into account only if incurred for the care of— a qualifying individual described in paragraph (1)(A), or a qualifying individual (not described in paragraph (1)(A)) who regularly spends at least 8 hours each day in the taxpayer’s household. Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer’s household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if— such center complies with all applicable laws and regulations of a State or unit of local government, and the requirements of subparagraph (B) are met. For purposes of this paragraph, the term dependent care center means any facility which— provides care for more than 6 individuals (other than individuals who reside at the facility), and receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed— $5,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or $8,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed— in the case of an individual who is not married at the close of such year, such individual’s earned income for such year, or in the case of an individual who is married at the close of such year, the lesser of such individual’s earned income or the earned income of his spouse for such year. In the case of a spouse who is a student or a qualifying individual described in subsection (b)(1)(C), for purposes of paragraph (1), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than— $250 if subsection (c)(1) applies for the taxable year, or $500 if subsection (c)(2) applies for the taxable year. For purposes of this section— An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. An individual legally separated from the individual's spouse under a decree of divorce or of separate maintenance shall not be considered as married. If— an individual who is married and who files a separate return— maintains as the individual's home a household which constitutes for more than 1/2 of the taxable year the principal place of abode of a qualifying individual, and furnishes over half of the cost of maintaining such household during the taxable year, and during the last 6 months of such taxable year such individual’s spouse is not a member of such household, If— section 152(e) applies to any child with respect to any calendar year, and such child is under the age of 13 or is physically or mentally incapable of caring for himself or herself, No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual— with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or the taxpayer's spouse, or who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. The term student means an individual who during each of 5 calendar months during the taxable year is a full-time student at an educational organization. The term educational organization means an educational organization described in section 170(b)(1)(A)(ii). No credit shall be allowed under subsection (a) for any amount paid to any person unless— the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. Section 1324(b) of title 31 is amended by inserting 36C, after 36B,. Section 21 of the Internal Revenue Code of 1986 is repealed. The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 21. Section 6211(b)(4)(A) of such Code is amended by striking 21 by reason of subsection (g) thereof,. Section 6213(g)(2) of such Code is amended— in subparagraph (H), by striking section 21 and inserting section 36C, and in subparagraph (L)— by striking 21,, and by inserting 36C, after 32,. The following sections of such Code are each amended by striking section 21(e) and inserting section 36C(e). Section 23(f)(1). Section 35(g)(6). Section 129(a)(2)(C). Section 129 of such Code is further amended— in subsection (b)(2), by striking section 21(d)(2) and inserting section 36C(d)(2), and in subsection (e)(1), by striking section 21(b)(2) and inserting section 36C(b)(2). Section 213(e) of such Code is amended by striking section 21 and inserting section 36C. The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this section. 36C.Expenses for household and dependent care services necessary for gainful employment(a)Allowance of credit(1)In generalIn the case of an individual for which there are 1 or more qualifying individuals with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses paid by such individual during the taxable year.(2)Applicable percentage definedFor purposes of paragraph (1), the term applicable percentage means 50 percent—(A)reduced (but not below 35 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $15,000, and(B)further reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $150,000.(b)Definitions of qualifying individual and employment-Related expensesFor purposes of this section—(1)Qualifying individualThe term qualifying individual means—(A)a dependent of the taxpayer (as defined in section 152(a)(1)) who has not attained age 13,(B)a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B)) who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year, or(C)the spouse of the taxpayer, if the spouse is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year.(2)Employment-related expenses(A)In generalThe term employment-related expenses means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer:(i)Expenses for household services.(ii)Expenses for the care of a qualifying individual.Such term shall not include any amount paid for services outside the taxpayer’s household at a camp where the qualifying individual stays overnight.(B)ExceptionEmployment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer’s household shall be taken into account only if incurred for the care of—(i)a qualifying individual described in paragraph (1)(A), or(ii)a qualifying individual (not described in paragraph (1)(A)) who regularly spends at least 8 hours each day in the taxpayer’s household.(C)Dependent care centersEmployment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer’s household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if—(i)such center complies with all applicable laws and regulations of a State or unit of local government, and(ii)the requirements of subparagraph (B) are met.(D)Dependent care center definedFor purposes of this paragraph, the term dependent care center means any facility which—(i)provides care for more than 6 individuals (other than individuals who reside at the facility), and(ii)receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit).(c)Dollar limit on amount creditableThe amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed—(1)$5,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or(2)$8,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year.(d)Earned income limitation(1)In generalExcept as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed—(A)in the case of an individual who is not married at the close of such year, such individual’s earned income for such year, or(B)in the case of an individual who is married at the close of such year, the lesser of such individual’s earned income or the earned income of his spouse for such year.(2)Special rule for spouse who is a student or incapable of caring for selfIn the case of a spouse who is a student or a qualifying individual described in subsection (b)(1)(C), for purposes of paragraph (1), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than—(A)$250 if subsection (c)(1) applies for the taxable year, or(B)$500 if subsection (c)(2) applies for the taxable year.(e)Special rulesFor purposes of this section—(1)Place of abodeAn individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law.(2)Married couples must file joint returnIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.(3)Marital statusAn individual legally separated from the individual's spouse under a decree of divorce or of separate maintenance shall not be considered as married.(4)Certain married individuals living apartIf—(A)an individual who is married and who files a separate return—(i)maintains as the individual's home a household which constitutes for more than 1/2 of the taxable year the principal place of abode of a qualifying individual, and(ii)furnishes over half of the cost of maintaining such household during the taxable year, and(B)during the last 6 months of such taxable year such individual’s spouse is not a member of such household,such individual shall not be considered as married.(5)Special dependency test in case of divorced parents, etcIf—(A)section 152(e) applies to any child with respect to any calendar year, and(B)such child is under the age of 13 or is physically or mentally incapable of caring for himself or herself,in the case of any taxable year beginning in such calendar year, such child shall be treated as a qualifying individual described in subparagraph (A) or (B) of subsection (b)(1) (whichever is appropriate) with respect to the custodial parent (as defined in section 152(e)(4)(A)), and shall not be treated as a qualifying individual with respect to the noncustodial parent.(6)Payments to related individualsNo credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual—(A)with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or the taxpayer's spouse, or(B)who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year.For purposes of this paragraph, the term taxable year means the taxable year of the taxpayer in which the service is performed.(7)StudentThe term student means an individual who during each of 5 calendar months during the taxable year is a full-time student at an educational organization.(8)Educational organizationThe term educational organization means an educational organization described in section 170(b)(1)(A)(ii).(9)Identifying information required with respect to service providerNo credit shall be allowed under subsection (a) for any amount paid to any person unless—(A)the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or(B)if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit.In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required.(10)Identifying information required with respect to qualifying individualsNo credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit.(f)RegulationsThe Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.. Sec. 36C. Expenses for household and dependent care services necessary for gainful employment..