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106th CONGRESS
2d Session
H. R. 5602
To amend the Internal Revenue Code of 1986 to allow a refundable credit
to grandparents who provide primary child care services without
compensation for their grandchildren who are not their dependents.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2000
Ms. DeLauro (for herself and Mr. Maloney of Connecticut) 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 allow a refundable credit
to grandparents who provide primary child care services without
compensation for their grandchildren who are not their dependents.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grandchild Care Tax Relief Act of
2000''.
SEC. 2. REFUNDABLE CREDIT TO GRANDPARENTS PROVIDING PRIMARY CHILD CARE
FOR GRANDCHILDREN NOT THEIR DEPENDENTS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. GRANDPARENTS PROVIDING PRIMARY CHILD CARE FOR GRANDCHILDREN
WHO ARE NOT THEIR DEPENDENTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to $500 with respect to each qualifying
grandchild for whom the taxpayer or the spouse of the taxpayer
provides, without compensation, primary child care services during the
taxable year.
``(b) Qualifying Grandchild.--For purposes of this section, the
term `qualifying grandchild' means any individual--
``(1) with respect to whom the taxpayer is not allowed a
deduction under section 151 with respect to such individual for
the taxable year,
``(2) who has not attained the age of 16 as of the close of
the calendar year in which the taxable year of the taxpayer
begins, and
``(3) who is a descendent of a son, daughter, stepson, or
stepdaughter of the taxpayer or is a foster child of such a
descendent, son, daughter, stepson, stepdaughter.
For purposes of paragraph (3), the term `foster child' means a child
who is placed by an authorized placement agency.
``(c) Primary Child Care Services.--For purposes of this section,
an individual provides primary child care services for a taxable year
if the individual provides such services for not less than 30 hours per
week for 48 weeks of the taxable year.
``(d) Special Rules.--For purposes of this section--
``(1) Deceased spouse or former spouse.--In the case of a
taxpayer whose spouse is deceased or is a former spouse of the
taxpayer, subsection (b)(3) shall be applied by substituting
`or deceased or former spouse of the taxpayer' after `taxpayer'
each place it occurs.
``(2) Identification requirement.--No credit shall be
allowed under this section to a taxpayer with respect to any
qualifying grandchild unless the taxpayer includes the name and
taxpayer identification number of such qualifying grandchild on
the return of tax for the taxable year.
``(3) Taxable year must be full taxable year.--Except in
the case of a taxable year closed by reason of the death of the
taxpayer, no credit shall be allowable under this section in
the case of a taxable year covering a period of less than 12
months.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) 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. 35. Grandparents providing primary
child care for grandchildren
who are not their dependents.
``Sec. 36. Overpayments of tax.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning with or after the taxable year
with respect to which the conditions specified in paragraph (2)
are satisfied.
(2) Trigger mechanism.--The conditions specified in this
paragraph are the following:
(A) The credit under section 21 of the Internal
Revenue Code of 1986 (relating to expenses for
household and dependent care services necessary for
gainful employment)--
(i) is refundable,
(ii) is available at a maximum level to
those with an adjusted gross income limit of
not less than $30,000 per year, indexed for
inflation,
(iii) is available at a minimal level to
those with an adjusted gross income of not less
than $60,000 per year, indexed for inflation,
and
(iv) is available to parents of infants
ages 0-12 months without regard to out-of-
pocket child care expenses of the parents.
(B) The maximum amount of employment-related
expenses that can be taken into account under section
21 of such Code is indexed for inflation.
(C) The applicable percentage of expenses that are
allowed under section 21 of such Code is increased to
not less than 50 percent.
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