26 USC 24 - Sec. 24. Child tax credit

26 USC - US Code - Title 26: Internal Revenue Code (January 2002)


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  (a) Allowance of credit (1) In general There shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to the per child amount. (2) Per child amount For purposes of paragraph (1), the per child amount shall be determined as follows: --------------------------------------------------------------------- In the case of any taxable year The per child amount is - beginning in - --------------------------------------------------------------------- 2001, 2002, 2003, or 2004 $ 600 2005, 2006, 2007, or 2008 700 2009 800 2010 or thereafter 1,000. ------------------------------- (b) Limitations (1) Limitation based on adjusted gross income The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount.

For purposes of the preceding sentence, the term ''modified adjusted gross income'' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (2) Threshold amount For purposes of paragraph (1), the term ''threshold amount'' means - (A) $110,000 in the case of a joint return, (B) $75,000 in the case of an individual who is not married, and (C) $55,000 in the case of a married individual filing a separate return.

For purposes of this paragraph, marital status shall be determined under section 7703. (3) 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 sections 23 and 25B) and section 27 for the taxable year. (c) Qualifying child For purposes of this section - (1) In general The term ''qualifying child'' means any individual if - (A) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, (B) such individual has not attained the age of 17 as of the close of the calendar year in which the taxable year of the taxpayer begins, and (C) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B). (2) Exception for certain noncitizens The term ''qualifying child'' shall not include any individual who would not be a dependent if the first sentence of section 152(b)(3) were applied without regard to all that follows ''resident of the United States''. (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 subsection (b)(3), 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 subsection (b)(3) 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 subsection (b)(3). (2) Social security taxes For purposes of paragraph (1) - (A) In general The term ''social security taxes'' means, with respect to any taxpayer for any taxable year - (i) the amount of the taxes imposed by sections 3101 and 3201(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, (ii) 50 percent of the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and (iii) 50 percent of the taxes imposed by section 3211(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins. (B) Coordination with special refund of social security taxes The term ''social security taxes'' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). (C) Special rule Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in subparagraph (A)(i) shall be treated as taxes referred to in such subparagraph. (3) 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. (e) Identification requirement No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year. (f) 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.


Child Tax Credit Adjustment For Tax Years Beginning In 2002

For inflation adjustment of value in subsection (d)(1)(B)(i) of this section used in determining potentially refundable amount for tax years beginning in 2002, see section 3.03 of Revenue Procedure 2001-59, set out as a note under section 1 of this title.

AMENDMENT OF SECTION For termination of amendment by section 901 of Pub. L. 107-16, see Effective and Termination Dates of 2001 Amendment note below.

Prior Provisions

A prior section 24, added Pub. L. 92-178, title VII, Sec. 701(a), Dec. 10, 1971, 85 Stat. 560, Sec. 41; amended Pub. L. 93-625, Sec. 11(a)-(c), (e), 12(a), Jan. 3, 1975, 88 Stat. 2119, 2120; Pub. L. 94-455, title V, Sec. 503(b)(4), title XIX, Sec. 1901(b)(1)(B), (H)(ii), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1562, 1790, 1791, 1834; Pub. L. 95-600, title I, Sec. 113(c), Nov. 6, 1978, 92 Stat. 2778; Pub. L. 97-473, title II, Sec. 202(b)(1), Jan. 14, 1983, 96 Stat. 2609; Pub. L. 98-21, title I, Sec. 122(c)(1), Apr. 20, 1983, 97 Stat. 87; renumbered Sec. 24 and amended Pub. L. 98-369, div. A, title IV, Sec. 471(c), 474(f), July 18, 1984, 98 Stat. 826, 831, related to contributions to candidates for public office, prior to repeal by Pub. L. 99-514, title I, Sec. 112(a), 151(a), Oct. 22, 1986, 100 Stat. 2108, 2121, applicable to taxable years beginning after Dec. 31, 1986. AMENDMENTS 2001 - Subsec. (a). Pub. L. 107-16, Sec. 201(a), 901, temporarily amended heading and text of subsec. (a) generally.

Prior to amendment, text read as follows: ''There shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to $500 ($400 in the case of taxable years beginning in 1998).'' See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (b). Pub. L. 107-16, Sec. 201(b)(2)(A), 901, temporarily amended heading generally, substituting ''Limitations'' for ''Limitation based on adjusted gross income''. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (b)(1). Pub. L. 107-16, Sec. 201(b)(2)(B), 901, temporarily amended heading generally, substituting ''Limitation based on adjusted gross income'' for ''In general''. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (b)(3). Pub. L. 107-16, Sec. 201(b)(1), 901, temporarily added par. (3). See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (b)(3)(B). Pub. L. 107-16, Sec. 618(b)(2)(A), 901, temporarily substituted ''sections 23 and 25B'' for ''section 23''. See Effective and Termination Dates of 2001 Amendment note below.

Pub. L. 107-16, Sec. 202(f)(2)(B), 901, temporarily substituted ''this section and section 23'' for ''this section''. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d). Pub. L. 107-16, Sec. 201(c)(1), 901, temporarily amended subsec. heading and heading and text of par. (1) generally.

Prior to amendment, text read as follows: ''In the case of a taxpayer with three or more qualifying children for any taxable year, the aggregate credits allowed 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 aggregate amount of credits allowed by this subpart (without regard to this subsection) would increase if the limitation imposed by section 26(a) were increased by the excess (if any) of - ''(i) the taxpayer's Social Security taxes for the taxable year, over ''(ii) the credit allowed under section 32 (determined without regard to subsection (n)) 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).'' See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(1). Pub. L. 107-16, Sec. 201(b)(2)(C)(i), 901, temporarily substituted ''subsection (b)(3)'' for ''section 26(a)'' wherever appearing in subsec. (d), as amended by Pub. L. 107-16, Sec. 201(c). See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(1)(B). Pub. L. 107-16, Sec. 201(b)(2)(C)(ii), 901, which directed the temporary substitution of ''amount of credit allowed by this section'' for ''aggregate amount of credits allowed by this subpart'', in subpar. (B) as amended by Pub. L. 107-16, Sec. 201(c), could not be executed because ''aggregate amount of credits allowed by this subpart'' did not appear subsequent to amendment by Pub. L. 107-16, Sec. 201(c). See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(2). Pub. L. 107-16, Sec. 201(d), 901, temporarily redesignated par. (3) as (2) and struck out heading and text of former par. (2). Text read as follows: ''For taxable years beginning after December 31, 2001, the credit determined under this subsection for the taxable year shall be reduced by the excess (if any) of - ''(A) the amount of tax imposed by section 55 (relating to alternative minimum tax) with respect to such taxpayer for such taxable year, over ''(B) the amount of the reduction under section 32(h) with respect to such taxpayer for such taxable year.'' See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(2)(A)(iii). Pub. L. 107-90, which directed the amendment of par. (3)(A)(iii) by substituting ''section 3211(a)'' for ''section 3211(a)(1)'', was executed to par. (2)(A)(iii), to reflect the probable intent of Congress and the redesignation of par. (3) as (2) by Pub. L. 107-16, Sec. 201(d)(2). See above.

Subsec. (d)(3). Pub. L. 107-16, Sec. 201(d)(2), 901, temporarily redesignated par. (4) as (3). Former par. (3) temporarily redesignated (2). See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(4). Pub. L. 107-16, Sec. 201(c)(2), 901, temporarily added par. (4). Former par. (4) temporarily redesignated (3). See Effective and Termination Dates of 2001 Amendment note below. 1999 - Subsec. (d)(2). Pub. L. 106-170 substituted ''2001'' for ''1998'' in introductory provisions. 1998 - Subsec. (d)(1). Pub. L. 105-206, Sec. 6003(a)(1)(C), added par. (1) and struck out heading and text of former par. (1). Text read as follows: ''In the case of a taxpayer with 3 or more qualifying children for any taxable year, the amount of the credit allowed under this section shall be equal to the greater of - ''(A) the amount of the credit allowed under this section (without regard to this subsection and after application of the limitation under section 26), or ''(B) the alternative credit amount determined under paragraph (2).'' Subsec. (d)(2). Pub. L. 105-277 substituted ''For taxable years beginning after December 31, 1998, the credit'' for ''The credit''. Pub. L. 105-206, Sec. 6003(a)(1)(C), added par. (2) and struck out heading and text of former par. (2). Text read as follows: ''For purposes of this subsection, the alternative credit amount is the amount of the credit which would be allowed under this section if the limitation under paragraph (3) were applied in lieu of the limitation under section 26.'' Subsec. (d)(3). Pub. L. 105-206, Sec. 6003(a)(1)(A), (B), (2), redesignated par. (5) as (3), substituted ''paragraph (1)'' for ''paragraph (3)'' in introductory provisions, and struck out heading and text of former par. (3). Text read as follows: ''The limitation under this paragraph for any taxable year is the limitation under section 26 (without regard to this subsection) - ''(A) increased by the taxpayer's social security taxes for such taxable year, and ''(B) reduced by the sum of - ''(i) the credits allowed under this part other than under subpart C or this section, and ''(ii) the credit allowed under section 32 without regard to subsection (m) thereof.'' Subsec. (d)(4). Pub. L. 105-206, Sec. 6003(a)(1)(A), struck out heading and text of par. (4). Text read as follows: ''If the amount of the credit under paragraph (1)(B) exceeds the amount of the credit under paragraph (1)(A), such excess shall be treated as a credit to which subpart C applies.

The rule of section 32(h) shall apply to such excess.'' Subsec. (d)(5). Pub. L. 105-206, Sec. 6003(a)(1)(B), redesignated par. (5) as (3). EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENTS Pub. L. 107-90, title II, Sec. 204(f), Dec. 21, 2001, 115 Stat. 893, provided that: ''The amendments made by this section (enacting subchapter E of chapter 22 of this title and amending this section and sections 72, 3201, 3211, 3221, and 3231 of this title) shall apply to calendar years beginning after December 31, 2001.'' Pub. L. 107-16, title II, Sec. 201(e), June 7, 2001, 115 Stat. 47, provided that: ''(1) In general. - Except as provided in paragraph (2), the amendments made by this section (amending this section and sections 23, 25, 26, 32, 904, and 1400C of this title) shall apply to taxable years beginning after December 31, 2000. ''(2) Subsection (b). - The amendments made by subsection (b) (amending this section and sections 23, 25, 26, 904, and 1400C of this title) shall apply to taxable years beginning after December 31, 2001.'' Amendment by section 202(f)(2)(B) of Pub. L. 107-16 applicable to taxable years beginning after Dec. 31, 2001, see section 202(g)(1) of Pub. L. 107-16, set out as a note under section 23 of this title.

Pub. L. 107-16, title VI, Sec. 618(d), June 7, 2001, 115 Stat. 108, provided that: ''The amendments made by this section (enacting section 25B of this title and amending this section and sections 25, 25B, 26, 904, and 1400C of this title) shall apply to taxable years beginning after December 31, 2001.'' Amendment by Pub. L. 107-16 inapplicable to taxable, plan, or limitation years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 901 of Pub. L. 107-16, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-170, title V, Sec. 501(c), Dec. 17, 1999, 113 Stat. 1919, provided that: ''The amendments made by this section (amending this section and sections 26 and 904 of this title) shall apply to taxable years beginning after December 31, 1998.''

EFFECTIVE DATE OF 1998 AMENDMENTS

Pub. L. 105-277, div. J, title II, Sec. 2001(c), Oct. 21, 1998, 112 Stat. 2681-901, provided that: ''The amendments made by this section (amending this section and section 26 of this title) shall apply to taxable years beginning after December 31, 1997.'' Amendment by Pub. L. 105-206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105-34, to which such amendment relates, see section 6024 of Pub. L. 105-206, set out as a note under section 1 of this title.

EFFECTIVE DATE Section 101(e) of Pub. L. 105-34 provided that: ''The amendments made by this section (enacting this section and amending sections 32, 501, and 6213 of this title and section 1324 of Title 31, Money and Finance) shall apply to taxable years beginning after December 31, 1997.'' REFUNDS DISREGARDED IN ADMINISTRATION OF FEDERAL AND FEDERALLY ASSISTED PROGRAMS Pub. L. 107-16, title II, Sec. 203, June 7, 2001, 115 Stat. 49, provided that: ''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.''

Section Referred To In Other Sections

This section is referred to in sections 25, 26, 32, 151, 501, 904, 1400C, 6211, 6213 of this title.

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