Home > 107th Congressional Public Laws > Pub.L. 107-017 To extend for 4 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted. <> ...
Pub.L. 107-017 To extend for 4 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted. <> ...
sections 24 and 1400C''.
(F) Subparagraph (C) of section 25(e)(1) is amended
by inserting ``, 24,'' after ``sections 23''.
(G) Section 904(h) is amended by inserting ``(other
than section 24)'' after ``chapter''.
(H) Subsection (d) of section 1400C is amended by
inserting ``and section 24'' after ``this section''.
(c) Refundable Child Credit.--
(1) In general.--So much of section 24(d) (relating to
additional credit for families with 3 or more children) as
precedes paragraph (2) is amended to read as follows:
``(d) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by the lesser of--
``(A) the credit which would be allowed under this
section without regard to this subsection and the
limitation under section 26(a), or
``(B) the amount by which the amount of credit
allowed by this section (determined without regard to
this subsection) would increase if the limitation
imposed by section 26(a) were increased by the greater
of--
``(i) 15 percent (10 percent in the case of
taxable years beginning before January 1, 2005) of
so much of the taxpayer's earned income (within
the meaning of section 32) which is taken into
account in computing taxable income for the
taxable year as exceeds $10,000, or
``(ii) in the case of a taxpayer with 3 or
more qualifying children, the excess (if any) of--
``(I) the taxpayer's social security
taxes for the taxable year, over
``(II) the credit allowed under
section 32 for the taxable year.
The amount of the credit allowed under this subsection shall not
be treated as a credit allowed under this subpart and shall
reduce the amount of credit otherwise allowable under subsection
(a) without regard to section 26(a).''.
(2) Inflation adjustment.--Subsection (d) of section 24 is
amended by adding at the end the following new paragraph:
``(4) Inflation adjustment.--In the case of any taxable year
beginning in a calendar year after 2001, the $10,000 amount
contained in paragraph (1)(B) shall 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
`calendar year 2000' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.''.
[[Page 115 STAT. 47]]
(3) Conforming amendment.--Section 32 <<NOTE: 26 USC 32.>>
is amended by striking subsection (n).
(d) Elimination of Reduction of Credit to Taxpayer Subject to
Alternative Minimum Tax Provision.--Section 24(d) is amended--
(1) by striking paragraph (2), and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(e) Effective Dates.-- <<NOTE: Applicability. 26 USC 24 note.>>
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2000.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to taxable years beginning after December 31, 2001.
SEC. 202. EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS.
(a) In General.--
(1) Adoption credit.--Section 23(a)(1) (relating to
allowance of credit) is amended to read as follows:
``(1) In general.--In the case of an individual, there shall
be allowed as a credit against the tax imposed by this chapter--
``(A) in the case of an adoption of a child other
than a child with special needs, the amount of the
qualified adoption expenses paid or incurred by the
taxpayer, and
``(B) in the case of an adoption of a child with
special needs, $10,000.''.
(2) Adoption assistance programs.--Section 137(a) (relating
to adoption assistance programs) is amended to read as follows:
``(a) In General.--Gross income of an employee does not include
amounts paid or expenses incurred by the employer for adoption expenses
in connection with the adoption of a child by an employee if such
amounts are furnished pursuant to an adoption assistance program. The
amount of the exclusion shall be--
``(1) in the case of an adoption of a child other than a
child with special needs, the amount of the qualified adoption
expenses paid or incurred by the taxpayer, and
``(2) in the case of an adoption of a child with special
needs, $10,000.''.
(b) Dollar Limitations.--
(1) Dollar amount of allowed expenses.--
(A) Adoption expenses.--Section 23(b)(1) (relating
to allowance of credit) is amended--
(i) by striking ``$5,000'' and inserting
``$10,000'',
(ii) by striking ``($6,000, in the case of a
child with special needs)'', and
(iii) by striking ``subsection (a)'' and
inserting ``subsection (a)(1)(A)''.
(B) Adoption assistance programs.--Section 137(b)(1)
(relating to dollar limitations for adoption assistance
programs) is amended--
(i) by striking ``$5,000'' and inserting
``$10,000'', and
(ii) by striking ``($6,000, in the case of a
child with special needs)'', and
[[Page 115 STAT. 48]]
(iii) by striking ``subsection (a)'' and
inserting ``subsection (a)(1)''.
(2) Phase-out limitation.--
(A) Adoption expenses.--Clause (i) of section
23(b)(2)(A) (relating to income limitation) <<NOTE: 26
USC 23.>> is amended by striking ``$75,000'' and
inserting ``$150,000''.
(B) Adoption assistance programs.--Section
137(b)(2)(A) (relating to income limitation) is amended
by striking ``$75,000'' and inserting ``$150,000''.
(c) Year Credit Allowed.--Section 23(a)(2) (relating to year credit
allowed) is amended by adding at the end the following new flush
sentence:
``In the case of the adoption of a child with special needs, the
credit allowed under paragraph (1) shall be allowed for the
taxable year in which the adoption becomes final.''.
(d) Repeal of Terminations.--
(1) Children without special needs.--Paragraph (2) of
section 23(d) (relating to definition of eligible child) is
amended to read as follows:
``(2) Eligible child.--The term `eligible child' means any
individual who--
``(A) has not attained age 18, or
``(B) is physically or mentally incapable of caring
for himself.''.
(2) Adoption assistance programs.--Section 137 (relating to
adoption assistance programs) is amended by striking subsection
(f ).
(e) Adjustment of Dollar and Income Limitations for Inflation.--
(1) Adoption credit.--Section 23 (relating to adoption
expenses) is amended by redesignating subsection (h) as
subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Adjustments for Inflation.--In the case of a taxable year
beginning after December 31, 2002, each of the dollar amounts in
subsection (a)(1)(B) and paragraphs (1) and (2)(A)(i) of subsection (b)
shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) 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 2001' for `calendar
year 1992' in subparagraph (B) thereof.''.
(2) Adoption assistance programs.--Section 137 (relating to
adoption assistance programs), as amended by subsection (d), is
amended by adding at the end the following new subsection:
``(f ) Adjustments for Inflation.--In the case of a taxable year
beginning after December 31, 2002, each of the dollar amounts in
subsection (a)(2) and paragraphs (1) and (2)(A) of subsection (b) shall
be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) 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 2001' for `calendar
year 1992' in subparagraph (B) thereof.''.
(f ) Credit Allowed Against Alternative Minimum Tax.--
[[Page 115 STAT. 49]]
(1) In general.--Subsection (b) of section 23 <<NOTE: 26 USC
23.>> is amended by adding at the end the following new
paragraph:
``(4) Limitation based on amount of tax.--The credit allowed
under subsection (a) for any taxable year shall not exceed the
excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for the
taxable year.''.
(2) Conforming amendments.--
(A) Section 23(c), as amended by section 201(b), is
amended--
(i) by striking ``section 26(a)'' and
inserting ``subsection (b)(4)'', and
(ii) by striking ``reduced by the sum of the
credits allowable under this subpart (other than
this section and sections 24 and 1400C)''.
(B) Section 24(b)(3)(B), as added by section 201(b),
is amended by striking ``this section'' and inserting
``this section and section 23''.
(C) Sections 26(a)(1), 904(h), and 1400C(d), as
amended by section 201(b), are each amended by striking
``section 24'' and inserting ``sections 23 and 24''.
(g) Effective Date.-- <<NOTE: Applicability. 26 USC 23 note.>>
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2001.
(2) Subsection (a).--The amendments made by subsection (a)
shall apply to taxable years beginning after December 31, 2002.
SEC. 203. <<NOTE: 26 USC 24 note.>> REFUNDS DISREGARDED IN THE
ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED
PROGRAMS.
Any payment considered to have been made to any individual by reason
of section 24 of the Internal Revenue Code of 1986, as amended by
section 201, shall not be taken into account as income and shall not be
taken into account as resources for the month of receipt and the
following month, for purposes of determining the eligibility of such
individual or any other individual for benefits or assistance, or the
amount or extent of benefits or assistance, under any Federal program or
under any State or local program financed in whole or in part with
Federal funds.
SEC. 204. DEPENDENT CARE CREDIT.
(a) Increase in Dollar Limit.--Subsection (c) of section 21
(relating to expenses for household and dependent care services
necessary for gainful employment) is amended--
(1) by striking ``$2,400'' in paragraph (1) and inserting
``$3,000'', and
(2) by striking ``$4,800'' in paragraph (2) and inserting
``$6,000''.
(b) Increase in Applicable Percentage.--Section 21(a)(2) (defining
applicable percentage) is amended--
(1) by striking ``30 percent'' and inserting ``35 percent'',
and
(2) by striking ``$10,000'' and inserting ``$15,000''.
[[Page 115 STAT. 50]]
(c) <<NOTE: Applicability. 26 USC 21 note.>> Effective Date.--The
amendments made by this section shall apply to taxable years beginning
after December 31, 2002.
SEC. 205. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CHILD CARE
ASSISTANCE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits), as amended by section 619, is
further amended by adding at the end the following:
``SEC. 45F. EMPLOYER-PROVIDED CHILD CARE CREDIT.
``(a) In General.--For purposes of section 38, the employer-provided
child care credit determined under this section for the taxable year is
an amount equal to the sum of--
``(1) 25 percent of the qualified child care expenditures,
and
``(2) 10 percent of the qualified child care resource and
referral expenditures,
of the taxpayer for such taxable year.
``(b) Dollar Limitation.--The credit allowable under subsection (a)
for any taxable year shall not exceed $150,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified child care expenditure.--
``(A) In general.--The term `qualified child care
expenditure' means any amount paid or incurred--
``(i) to acquire, construct, rehabilitate, or
expand property--
``(I) which is to be used as part of
a qualified child care facility of the
taxpayer,
``(II) with respect to which a
deduction for depreciation (or
amortization in lieu of depreciation) is
allowable, and
``(III) which does not constitute
part of the principal residence (within
the meaning of section 121) of the
taxpayer or any employee of the
taxpayer,
``(ii) for the operating costs of a qualified
child care facility of the taxpayer, including
costs related to the training of employees, to
scholarship programs, and to the providing of
increased compensation to employees with higher
levels of child care training, or
``(iii) under a contract with a qualified
child care facility to provide child care services
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107th Congressional Public Laws Records and Documents
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