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                                                                                                 December 19, 2017

The Child Tax Credit and the Conference Report to H.R. 1


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In 2017, the child tax credit (CTC) allows taxpayers to
reduce their federal income tax liability by up to $1,000 per
qualifying child. A family with four qualifying children, for
example, is eligible for a credit of up to $4,000. If the value
of the credit exceeds the amount of tax a family owes, the
family may be eligible to receive a full or partial refund of
the difference. The total refund amount is calculated as 15%
(the refundability rate) of earnings that exceed $3,000 (the
refundability threshold), up to the maximum amount of the
credit. The refundable portion of the child tax credit (the
portion that exceeds a taxpayer's income tax liability) is
referred to as the additional child tax credit (ACTC). Low-
and moderate-income taxpayers may receive all or some of
the child tax credit as the ACTC.

The credit phases out for higher-income taxpayers. For
married couples filing jointly, the credit begins to phase out
when income exceeds $110,000; for most other taxpayers,
this threshold is $75,000. It takes $20,000 of income above
each threshold to phase out $1,000 of the tax credit. Hence,
a married couple with one qualifying child will be ineligible
for the credit if their income exceeds $130,000. If they have
two qualifying children, they will be ineligible for the credit
if their income exceeds $150,000.

Currently, the maximum credit per child, refundability
threshold, and phase-out thresholds are not indexed for
inflation (NIT). Table 1 provides an overview of key
provisions of the child tax credit under current law.

Table I. Parameters of the Child Tax Credit


Parameter


Current Law


Max Credit Per Child                 $1,000 (Nil)
Max Refundable Credit Per            $1,000 (NIl)
Child
Refundability Threshold              $3,000 (NIl)
Refundability Rate                      15%
Phase-Out Threshold        $75,000 unmarried (NAI)
                           $1 10,000 married* (NAI)
Phase-Out Rate                          5%
Source: Internal Revenue Code, 26 U.S.C. §24.
Notes: NIl = not indexed for inflation. * = married filing jointly.

Generally, a qualifying child for the child tax credit is the
taxpayer's dependent child who is under 17 years old the
entire year and who lives with the taxpayer for more than
half the year. In addition, the child must be a U.S. citizen or
a resident or national of the United States. The statute
requires that taxpayers who claim the child tax credit
provide a valid Taxpayer Identification Number (TIN) for


each qualifying child on their federal income tax return.
Valid TINs include individual taxpayer identification
numbers (ITINs) and Social Security numbers (SSNs).
ITINs are issued by the Internal Revenue Service (IRS) to
noncitizens who do not have and are not eligible to receive
SSNs. ITINs are supplied solely so that noncitizens are able
to comply with federal tax law, and do not affect
immigration status.


The child tax credit was enacted as part of the Taxpayer
Relief Act of 1997 (P.L. 105-34). When it initially went
into effect in 1998, the credit was a $500-per-child
nonrefundable credit, which primarily benefited middle-
and upper-middle-income families. Since enactment,
various laws have modified key parameters of the credit,
expanding the availability of the benefit to more low-
income families while also increasing the amount of the tax
credit. The first significant change to the child tax credit
occurred with the enactment of the Economic Growth and
Tax Relief Reconciliation Act of 2001 (EGTRRA; P.L.
107-16). EGTRRA increased the amount of the credit over
time to $1,000 per child and made it partially refundable
under the earned income formula.

In 2008 and 2009, Congress passed legislation-the
Emergency Economic Stabilization Act of 2008 (EESA;
P.L. 110-343) and the American Recovery and
Reinvestment Act of 2009 (ARRA; P.L. 111-5)-that
further expanded the availability and amount of the credit to
taxpayers whose income was too low to either qualify for
the credit or be eligible for the full credit. ARRA lowered
the refundability threshold to its current level of $3,000 for
2009 through 2010. The ARRA provisions were
subsequently extended several times and made permanent
by the Protecting Americans from Tax Hikes (PATH) Act
(Division Q of P.L. 114-113).


Administrative data from the IRS show that the amount of
aggregate credit dollars claimed by all taxpayers has grown
from roughly $15 billion in 1998 to nearly $55 billion in
2015, as illustrated in Figure 1. Roughly half the credit
offsets income tax liability (the nonrefundable portion of
the credit), and the other half exceeds income tax liability
(the refundable portion of the credit, or ACTC).


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