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Dependent Care: Current Tax Benefits and Legislative Issues, January 17, 2008 1 (January 17, 2008)

handle is hein.tera/crstax0196 and id is 1 raw text is: Order Code RS21466
Updated January 17, 2008
ACRS Report for Congress
Dependent Care: Current Tax Benefits
and Legislative Issues
Christine Scott
Specialist in Social Policy
Domestic Social Policy Division
Summary
In the 2000 census, for more than 60% of the households with children under age
six, all parents in the household worked. For families with both parents working or a
single-working-parent family, care for young children and individuals who are
physically or mentally unable to care for themselves is critical to maintaining
participation in the workforce. To assist these families, current law provides two tax
benefits related to dependent care: the dependent care credit and the exclusion from
income for employer-provided dependent care assistance programs. Both provisions are
for employment-related expenses for the care of dependents under the age of 13, or
dependents (or a spouse) who are physically or mentally incapable of caring for
themselves.
In the 1 10th Congress, legislation has been introduced that would increase the
income level at which the credit rate is reduced, increase the maximum qualified
expenses for the credit, or expand eligibility for the credit. This report will be updated
as legislative activity warrants.
Current Tax Benefits for Dependent Care
There are two current law tax provisions for dependent care: the dependent care tax
credit (DCTC) and the exclusion from income for employer-provided dependent care
assistance programs (DCAP). Both provisions use the same definitions of qualified
employment related expenses and qualifying dependents. The Working Families Tax
Relief Act of 2004 (P.L. 108-311) changed the definition of a qualifying dependent
beginning in tax year 2005 to conform with changes made to the personal exemption for
a more uniform definition of a child.
Qualified employment-related expenses are those expenses for household services
and care of a qualifying dependent necessary for the taxpayer to be employed. For the
purposes of qualified employment-related expenses, a qualifying dependent is a
Congressional Research Service -f-! The Library of Congress
Prepared for Members and Commitees of Congress

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