Benefits and Compensation

Bill Would Increase Dependent Care Credit, Make Limits Permanent

If this bill becomes law, there will be higher dollar limits for eligible services for which employees can claim the dependent care tax credit. Rep. Steve Israel, D-N.Y., introduced the Middle Class Dependent Care Fairness Act of 2012 (H.R. 5886) on June 1.

Israel’s bill calls for:

  • increasing the credit to $35,000 per year;
  • increasing the dollar limits for eligible services that the Economic Growth and Tax Relief Reconciliation Act of 2001 put in place;
  • making the dollar limits permanent so they do not expire if EGTRRA does.

EGTRRA increased the annual limit for services rendered one qualifying individual under Code Section 21 from $2,400 to $3,000, and the threshold for eligible services for two or more qualifying individuals.

The bill says it would make these changes because Congress found that:

  • During the past few decades, the need for child care has increased, which has spelled  greater expenses for middle-class families, which Congress finds can be a major burden for modern families.
  • In 2011, 44 percent of all American families included children under the age of 18. Fifty-eight and one-half percent of married couples with children both worked in 2011. The labor force participation rate of mothers with children under the age of 6 was 63.9 percent in 2011, compared with 39 percent in 1975.
  • Nationwide, on any given day, 4.6 million children under the age of 5 are in child care outside the home.
  • On average, families with children under the age of 5 spent $171 a week on child care in 2010; that amounts to $8,892 a year.

H.R. 5886 is now before the House Ways and Means Committee.

Finding out More

The text of H.R. 5886 is available online.

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