Home > 106th Congressional Bills > H.R. 4749 (ih) To amend title I of the Employee Retirement Income Security Act of 1974 [Introduced in House] ...
H.R. 4749 (ih) To amend title I of the Employee Retirement Income Security Act of 1974 [Introduced in House] ...
108th CONGRESS
2d Session
H. R. 4748
To amend the Internal Revenue Code of 1986 to modify and make
refundable the credit for expenses for household and dependent care
services necessary for gainful employment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2004
Mr. Porter 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 modify and make
refundable the credit for expenses for household and dependent care
services necessary for gainful employment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REFUNDABLE CREDIT FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT
CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT.
(a) $3,000 Per Child Limit.--Paragraphs (1) and (2) of section
21(c) of the Internal Revenue Code of 1986 (relating to dollar limit on
amount creditable) are amended to read as follows:
``(1) $3,000, multiplied by
``(2) the number of qualifying individuals with respect to
the taxpayer for such taxable year.''.
(b) Modification of Adjusted Gross Income Limitation.--
(1) In general.--Paragraph (2) of section 21(a) of such
Code is amended to read as follows:
``(2) Adjusted gross income limitation.--The amount of the
credit allowable under paragraph (1) shall be reduced (but not
below zero) by $50 for each $1,000 (or fraction thereof) by
which the taxpayer's adjusted gross income exceeds $125,000
(twice such amount in the case of a joint return).''.
(2) Conforming amendment.--Section 21(a)(1) of such Code is
amended by striking ``applicable percentage'' and inserting
``35 percent''.
(c) Inflation Adjustment.--Subsection (e) of section 21 of such
Code is amended by adding at the end the following new paragraph:
``(11) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2004, the $125,000
amount contained in subsection (a)(2) and the $3,000 amount
contained in subsection (c)(1) shall each be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`2003' for `1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.''.
(d) Credit Made Refundable.--
(1) Credit moved to subpart relating to refundable
credits.--The Internal Revenue Code of 1986 is amended--
(A) by redesignating section 36 as section 37,
(B) by redesignating section 21, as amended by this
Act, as section 36, and
(C) by moving section 36 (as so redesignated) from
subpart A of part IV of subchapter A of chapter 1 to
the location immediately before section 37 (as so
redesignated) in subpart C of part IV of subchapter A
of chapter 1.
(2) Conforming amendments.--
(A) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``or 36''
after ``section 35''.
(B) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by striking the item relating
to section 21.
(C) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by striking the last item and
inserting the following new items:
``Sec. 36. Expenses for household and
dependent care services
necessary for gainful
employment.''.
``Sec. 37. Overpayments of tax.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
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