Earned Income Tax Credit Improvement and Simplification Act 2013 - Amends the Internal Revenue Code, with respect to the earned income tax credit, to: (1) make permanent the increase in the rate of such credit for taxpayers with three or more qualifying children and the reduction in the amount of the marriage penalty for such credit; (2) allow such credit for an individual with no qualifying children who has attained the age of 21 but not 25 and is not a full-time student, and whose qualifying children do not have valid social security numbers; (3) revise eligibility rules relating to married individuals living apart and qualifying children claimed by another family member; and (4) repeal the denial of such credit for taxpayers with excess investment income.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2116 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2116
To amend the Internal Revenue Code of 1986 to make improvements in the
earned income tax credit.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2013
Mr. Neal (for himself, Ms. DeLauro, Mr. Levin, Mr. Rangel, Mr.
McDermott, Mr. Lewis, Mr. Becerra, Mr. Doggett, Mr. Larson of
Connecticut, Mr. Blumenauer, Mr. Pascrell, Mr. Crowley, Ms. Schwartz,
Mr. Danny K. Davis of Illinois, Ms. Linda T. Sanchez of California, Mr.
Kind, and Mr. Thompson of California) 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 improvements in the
earned income tax credit.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``The Earned Income
Tax Credit Improvement and Simplification Act 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Certain improvements in the earned income tax credit made
permanent.
Sec. 3. Strengthening the earned income tax credit for individuals with
no qualifying children.
Sec. 4. Taxpayer eligible for credit for individuals with no qualifying
children if qualifying children do not have
valid Social Security number.
Sec. 5. Credit allowed in case of certain separated spouses.
Sec. 6. Taxpayer eligible for credit without qualifying child if
qualifying child claimed by another member
of family.
Sec. 7. Elimination of disqualified investment income test.
SEC. 2. CERTAIN IMPROVEMENTS IN THE EARNED INCOME TAX CREDIT MADE
PERMANENT.
(a) Increase in Credit Percentage for Three or More Qualifying
Children Made Permanent.--Paragraph (1) of section 32(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) Percentages.--The credit percentage and the phaseout
percentage shall be determined in accordance with the following
table:
------------------------------------------------------------------------
``In the case of an eligible The credit The phaseout
individual with: percentage is: percentage is:
------------------------------------------------------------------------
1 qualifying child................... 34 15.98
2 qualifying children................ 40 21.06
3 or more qualifying children........ 45 21.06
No qualifying children............... 7.65 7.65''.
------------------------------------------------------------------------
(b) Reduction of Marriage Penalty Made Permanent.--
(1) In general.--Subparagraph (B) of section 32(b)(2) of
such Code is amended to read as follows:
``(B) Joint returns.--
``(i) In general.--In the case of a joint
return filed by an eligible individual and such
individual's spouse, the phaseout amount
determined under subparagraph (A) shall be
increased by $5,000.
``(ii) Inflation adjustment.--In the case
of any taxable year beginning after 2012, the
$5,000 amount in clause (i) shall be increased
by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost of living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2009' for
`calendar year 1992' in subparagraph
(B) thereof.
``(iii) Rounding.--Subparagraph (A) of
subsection (j)(2) shall apply after taking into
account any increase under clause (ii).''.
(c) Conforming Amendment.--Subsection (b) of section 32 of such
Code is amended by striking paragraph (3).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. STRENGTHENING THE EARNED INCOME TAX CREDIT FOR INDIVIDUALS WITH
NO QUALIFYING CHILDREN.
(a) Credit for Certain Individuals Over Age 21.--
(1) In general.--Paragraph (1) of section 32(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(G) Special rule for working individuals over age
20 and without qualifying child.--
``(i) In general.--In the case of an
individual (or, if the individual is married,
either the individual or the individual's
spouse) who--
``(I) has attained the age of 21
but not attained age 25 before the
close of the taxable year, and
``(II) is not a full-time student
at any time during the taxable year,
paragraph (1)(A)(ii)(II) shall not apply for
purposes of determining whether such individual
is an eligible individual.
``(ii) Student.--For purposes of this
subparagraph, an individual shall be considered
a full-time student if such individual is
carrying more than \1/2\ the normal full-time
work load for the course of study the
individual is pursuing.''.
(2) Information return matching.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
the Treasury shall develop and implement procedures for
checking an individual's claim for a credit under section 32 of
the Internal Revenue Code of 1986, by reason of subsection
(c)(1)(G) thereof, against any information return made with
respect to such individual under section 6050S (relating to
returns relating to higher education tuition and related
expenses).
(b) Increased Credit.--
(1) Credit percentage and phaseout percentage.--The table
contained in section 32(b)(1)(A) of such Code, as amended by
this Act, is amended by striking ``7.65'' each place it appears
and inserting ``15.3''.
(2) Earned income amount and phaseout amount.--
(A) In general.--The table contained in section
32(b)(2)(A) of such Code is amended--
(i) by striking ``$4,220'' and inserting
``$8,820'', and
(ii) by striking ``$5,280'' and inserting
``$10,425''.
(B) Inflation adjustments.--Subparagraph (B) of
section 32(j)(1) of such Code is amended--
(i) by inserting ``except as provided in
clause (iii)'' in clause (i) before ``in the
case of amounts'',
(ii) by striking ``and'' at the end of
clause (i), by striking the period at the end
of clause (ii) and inserting ``, and'', and by
adding at the end the following new clause:
``(iii) in the case of the $8,820 and
$10,425 amounts in subsection (b)(2)(A), by
substituting `calendar year 2012' for `calendar
year 1992' in subparagraph (B) of such section
1.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. TAXPAYER ELIGIBLE FOR CREDIT FOR INDIVIDUALS WITH NO QUALIFYING
CHILDREN IF QUALIFYING CHILDREN DO NOT HAVE VALID SOCIAL
SECURITY NUMBER.
(a) In General.--Subparagraph (F) of section 32(c)(1) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(F) Individuals who do not include tin, etc., of
any qualifying child.--In the case of any eligible
individual who has one or more qualifying children,
if--
``(i) no qualifying child of such
individual is taken into account under
subsection (b) by reason of paragraph (3)(D),
and
``(ii) no child of such individual is taken
into account for purposes of any other child
tax benefit under this chapter,
for purposes of the credit allowed under this section,
such individual may be considered an eligible
individual without a qualifying child.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2012.
SEC. 5. CREDIT ALLOWED IN CASE OF CERTAIN SEPARATED SPOUSES.
(a) In General.--Subsection (d) of section 32 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``Married Individuals.--In the case of''
and inserting the following: ``Married Individuals.--
``(1) In general.--In the case of'', and
(2) by adding at the end the following new paragraph:
``(2) Special rule for separated spouse.--An individual
shall not be treated as married for purposes of this section if
such individual--
``(A) is married (within the meaning of section
7703(a)) and files a separate return for the taxable
year,
``(B) lives with a qualifying child of the
individual for more than one-half of such taxable year,
and
``(C)(i) during the last 6 months such taxable
year, does not have the same principal place of abode
as the individual's spouse, or
``(ii) has a legally binding separation agreement
with the individual's spouse and is not a member of the
same household with the individual's spouse by the end
of the taxable year.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 6. TAXPAYER ELIGIBLE FOR CREDIT WITHOUT QUALIFYING CHILD IF
QUALIFYING CHILD CLAIMED BY ANOTHER MEMBER OF FAMILY.
(a) In General.--Paragraph (1) of section 32(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Taxpayer eligible for credit without
qualifying child if qualifying child claimed by another
member of family.--
``(i) In general.--If--
``(I) an individual is claimed as a
qualifying child by an eligible
individual for any taxable year of such
eligible individual beginning in a
calendar year, and
``(II) such individual is the
qualifying child of another eligible
individual for any taxable year
beginning in such calendar year,
such other eligible individual may be treated
as an eligible individual without a qualifying
child for purposes of this section for such
taxable year.
``(ii) Exception for qualifying child
claimed by parent.--If an individual is claimed
as a qualifying child for any taxable year by a
parent of such child, clause (i) shall not
apply with respect to any other custodial
parent of such child.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 7. ELIMINATION OF DISQUALIFIED INVESTMENT INCOME TEST.
(a) In General.--Section 32 of the Internal Revenue Code of 1986 is
amended by striking subsection (i).
(b) Conforming Amendments.--
(1) Section 32(j)(1)(B)(i) of such Code is amended by
striking ``subsections (b)(2)(A) and (i)(1)'' and inserting
``subsection (b)(2)(A)''.
(2) Section 32(j)(2) of such Code is amended--
(A) by striking paragraph (2), and
(B) by striking ``Rounding.--'' and all that
follows through ``If any dollar amount'' and inserting
the following:``Rounding.--If any dollar amount''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line