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1 change: 1 addition & 0 deletions changelog.d/cdcc-disabled-dependent-expenses.fixed.md
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Fix the Child and Dependent Care Credit (and its state mirrors) for households whose qualifying individual is a disabled adult: attribute childcare expenses to disabled dependents and spouses of any age, count a disabled spouse who is modeled as the tax unit head, and apply the IRC section 21(d)(2) deemed earned income for a student or incapacitated spouse. Also scope the DC Keep Child Care Affordable Tax Credit to child-only care expenses, so a disabled adult dependent sharing a household with an eligible child does not inflate this under-4 child credit.
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description: The IRS deems a spouse who is a full-time student or incapable of self-care to have at least this earned income for the Child and Dependent Care Credit, based on the number of qualifying individuals.
brackets:
- threshold:
2013-01-01: 0
amount:
2013-01-01: 3_000
- threshold:
2013-01-01: 2
amount:
2013-01-01: 6_000
metadata:
type: single_amount
threshold_unit: person
amount_unit: currency-USD
period: year
label: CDCC deemed earned income for student or disabled spouse
reference:
- title: 26 U.S. Code § 21(d)(2)
href: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section21&num=0&edition=prelim
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Expand Up @@ -31,3 +31,41 @@
cdcc_potential: 1_000
output:
cdcc: 0

# IRC 21(e)(2): a married taxpayer may only claim the credit on a joint return.
- name: Married filing separately does not receive the credit
period: 2024
input:
cdcc_credit_limit: 1_000
cdcc_potential: 1_000
filing_status: SEPARATE
output:
cdcc: 0

- name: Head of household receives the credit
period: 2024
input:
cdcc_credit_limit: 1_000
cdcc_potential: 1_000
filing_status: HEAD_OF_HOUSEHOLD
output:
cdcc: 1_000

- name: Married filing separately with a child and care expenses gets zero
absolute_error_margin: 0.01
period: 2024
input:
people:
person1:
age: 35
employment_income: 40_000
is_tax_unit_head: true
person2:
age: 5
tax_units:
tax_unit:
members: [person1, person2]
filing_status: SEPARATE
tax_unit_childcare_expenses: 3_000
output:
cdcc: 0
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- name: Case 1, disabled spouse assigned as tax unit head is eligible for the income floor.
period: 2024
input:
people:
person1:
age: 70
is_incapable_of_self_care: true
person2:
age: 50
tax_units:
tax_unit:
members: [person1, person2]
output:
is_tax_unit_head: [true, false]
is_tax_unit_spouse: [false, true]
cdcc_income_floor_eligible: [true, false]

- name: Case 2, disabled single tax unit head is not eligible for the spouse income floor.
period: 2024
input:
age: 40
is_incapable_of_self_care: true
is_tax_unit_head: true
output:
cdcc_income_floor_eligible: false

- name: Case 3, full-time student spouse is eligible for the income floor.
period: 2024
input:
people:
person1:
age: 50
person2:
age: 45
is_full_time_student: true
tax_units:
tax_unit:
members: [person1, person2]
output:
cdcc_income_floor_eligible: [false, true]
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- name: Both spouses incapable of self-care count as one qualifying individual
period: 2024
input:
people:
person1:
age: 45
is_incapable_of_self_care: true
person2:
age: 43
is_incapable_of_self_care: true
tax_units:
tax_unit:
members: [person1, person2]
filing_status: JOINT
output:
# Both are is_cdcc_eligible, but only one spouse is a qualifying individual
# (the other is the taxpayer) per IRC 21(b)(1)(C).
is_cdcc_eligible: [true, true]
count_cdcc_eligible: 1

- name: Disabled spouse plus a young child count as two qualifying individuals
period: 2024
input:
people:
person1:
age: 45
is_incapable_of_self_care: true
person2:
age: 43
person3:
age: 5
tax_units:
tax_unit:
members: [person1, person2, person3]
filing_status: JOINT
output:
count_cdcc_eligible: 2

- name: Both disabled spouses plus a child count as two qualifying individuals
period: 2024
input:
people:
person1:
age: 45
is_incapable_of_self_care: true
person2:
age: 43
is_incapable_of_self_care: true
person3:
age: 5
tax_units:
tax_unit:
members: [person1, person2, person3]
filing_status: JOINT
output:
count_cdcc_eligible: 2

- name: Two disabled adult dependents count as two qualifying individuals
period: 2024
input:
people:
person1:
age: 45
person2:
age: 20
is_incapable_of_self_care: true
is_tax_unit_head: false
is_tax_unit_spouse: false
person3:
age: 22
is_incapable_of_self_care: true
is_tax_unit_head: false
is_tax_unit_spouse: false
tax_units:
tax_unit:
members: [person1, person2, person3]
output:
count_cdcc_eligible: 2

- name: Healthy couple with two young children count as two qualifying individuals
period: 2024
input:
people:
person1:
age: 45
person2:
age: 43
person3:
age: 5
person4:
age: 8
tax_units:
tax_unit:
members: [person1, person2, person3, person4]
filing_status: JOINT
output:
count_cdcc_eligible: 2
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Expand Up @@ -95,3 +95,72 @@
output: # expected results from patched TAXSIM35 2023-01-13 version
taxsim_tfica: 11_130.24
income_tax: 24_507.2

- name: Disabled adult dependent's care expenses reach the CDCC expense base
absolute_error_margin: 0.01
period: 2024
input:
people:
person1:
age: 40
employment_income: 40_000
is_tax_unit_head: true
person2:
age: 38
employment_income: 30_000
person3: # disabled adult dependent, the only qualifying individual
age: 40
is_incapable_of_self_care: true
is_tax_unit_head: false
spm_units:
spm_unit:
members: [person1, person2, person3]
spm_unit_pre_subsidy_childcare_expenses: 6_000
tax_units:
tax_unit:
members: [person1, person2, person3]
households:
household:
members: [person1, person2, person3]
state_code: KS
output:
# Only the disabled non-head adult is a dependent care recipient.
is_dependent_care_recipient: [false, false, true]
# The $6,000 SPM expense now flows to the tax unit (was $0 before the fix
# because the dependent is no longer a child under 18). This becomes the
# CDCC expense base via cdcc_relevant_expenses.
tax_unit_childcare_expenses: 6_000
cdcc_relevant_expenses: 3_000
cdcc: 660

- name: Both spouses incapable of self-care are one qualifying individual
absolute_error_margin: 0.01
period: 2024
input:
people:
person1:
age: 45
employment_income: 50_000
is_incapable_of_self_care: true
person2:
age: 43
is_incapable_of_self_care: true
spm_units:
spm_unit:
members: [person1, person2]
spm_unit_pre_subsidy_childcare_expenses: 6_000
tax_units:
tax_unit:
members: [person1, person2]
filing_status: JOINT
households:
household:
members: [person1, person2]
state_code: TX
output:
# Two incapacitated spouses = one qualifying individual (the taxpayer is
# not their own), so the cap and the deemed floor are $3,000, not $6,000.
# cdcc = 20% x $3,000 = $600 (was $1,200 before the fix double-counted).
count_cdcc_eligible: 1
cdcc_limit: 3_000
cdcc: 600
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- name: Case 1, dependent child under age 13 qualifies.
period: 2024
input:
age: 12
is_tax_unit_head: false
is_tax_unit_spouse: false
output:
is_cdcc_eligible: true

- name: Case 2, dependent child age 13 does not qualify by age.
period: 2024
input:
age: 13
is_tax_unit_head: false
is_tax_unit_spouse: false
output:
is_cdcc_eligible: false

- name: Case 3, disabled single tax unit head is not their own qualifying individual.
period: 2024
input:
age: 40
is_incapable_of_self_care: true
is_tax_unit_head: true
output:
is_cdcc_eligible: false

- name: Case 4, disabled spouse assigned as tax unit head qualifies.
period: 2024
input:
people:
person1:
age: 70
is_incapable_of_self_care: true
person2:
age: 50
tax_units:
tax_unit:
members: [person1, person2]
output:
is_tax_unit_head: [true, false]
is_tax_unit_spouse: [false, true]
is_cdcc_eligible: [true, false]
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