Allowance of credit
In general
In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year.
Applicable percentage defined
Definitions of qualifying individual and employment-related expenses
Qualifying individual
Employment-related expenses
In general
Exception
Dependent care centers
Dependent care center defined
Dollar limit on amount creditable
Earned income limitation
In general
Special rule for spouse who is a student or incapable of caring for himself
Special rules
Place of abode
An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law.
Married couples must file joint return
If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year.
Marital status
An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married.
Certain married individuals living apart
Special dependency test in case of divorced parents, etc.
Payments to related individuals
Student
The term “student” means an individual who during each of 5 calendar months during the taxable year is a full-time student at an educational organization.
Educational organization
The term “educational organization” means an educational organization described in section 170(b)(1)(A)(ii).
Identifying information required with respect to service provider
Identifying information required with respect to qualifying individuals
No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit.
Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.
Special rules for 2021
Credit made refundable
If the taxpayer (in the case of a joint return, either spouse) has a principal place of abode in the United States (determined as provided in section 32) for more than one-half of the taxable year, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart C (and not allowed under this subpart).
Increase in dollar limit on amount creditable
Increase in applicable percentage
Application of phaseout to high income individuals
In general
Subsection (a)(2) shall be applied by substituting “the phaseout percentage” for “20 percent”.
Phaseout percentage
The term “phaseout percentage” means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $400,000.
Application of credit in possessions
Payment to possessions with mirror code tax systems
The Secretary shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of this section (determined without regard to this subsection) with respect to taxable years beginning in or with 2021. Such amounts shall be determined by the Secretary based on information provided by the government of the respective possession.
Payments to other possessions
The Secretary shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of this section with respect to taxable years beginning in or with 2021 if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary, under which such possession will promptly distribute such payments to its residents.
Coordination with credit allowed against United States income taxes
Mirror code tax system
For purposes of this subsection, the term “mirror code tax system” means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
Treatment of payments
section 1324 of title 31For purposes of , United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
Pub. L. 94–455, title V, § 504(a)(1)90 Stat. 1563 Pub. L. 95–600, title I, § 121(a)92 Stat. 2779 Pub. L. 97–34, title I95 Stat. 197 Pub. L. 98–21, title I, § 122(c)(1)97 Stat. 87 Pub. L. 98–369, div. A, title IV98 Stat. 801 Pub. L. 99–514, title I, § 104(b)(1)100 Stat. 2104 Pub. L. 100–203, title X, § 10101(a)101 Stat. 1330–384 Pub. L. 100–485, title VII, § 703(a)102 Stat. 2426 Pub. L. 104–188, title I, § 1615(b)110 Stat. 1853 Pub. L. 107–16, title II, § 204(a)115 Stat. 49 Pub. L. 107–147, title IV, § 418(b)116 Stat. 57 Pub. L. 108–311, title II118 Stat. 1175 Pub. L. 109–135, title IV, § 404(b)119 Stat. 2634 Pub. L. 110–172, § 11(a)(1)121 Stat. 2484 Pub. L. 117–2, title IX, § 9631(a)135 Stat. 159 Pub. L. 119–21, title VII, § 70405(a)139 Stat. 214 (Added , , , § 44A; amended , , ; § 124 (a)–(d), , , 198; , , ; renumbered § 21 and amended , §§ 423(c)(4), 471(c), 474(c), , , 826, 830; , , ; , , ; –(c)(1), , , 2427; , , ; , (b), , ; , , ; , §§ 203, 207(2), (3), , , 1177; , , ; , , ; , (b), , ; , , .)
Editorial Notes
Prior Provisions
section 15 of this titleA prior section 21 was renumbered .
Amendments
Pub. L. 119–212025—Subsec. (a)(2). amended par. (2) generally. Prior to amendment, text read as follows: “For purposes of paragraph (1), the term ‘applicable percentage’ means 35 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $15,000.”
Pub. L. 117–2, § 9631(a)2021—Subsec. (g). , added subsec. (g).
Pub. L. 117–2, § 9631(b)Subsec. (h). , added subsec. (h).
Pub. L. 110–1722007—Subsec. (e)(5). substituted “section 152(e)(4)(A)” for “section 152(e)(3)(A)” in concluding provisions.
Pub. L. 109–1352005—Subsec. (b)(1)(B). inserted “(as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B))” after “dependent of the taxpayer”.
Pub. L. 108–311, § 203(a)2004—Subsec. (a)(1). , substituted “In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual” for “In the case of an individual who maintains a household which includes as a member one or more qualifying individuals (as defined in subsection (b)(1))”.
Pub. L. 108–311, § 203(b)Subsec. (b)(1). , reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘qualifying individual’ means—
“(A) a dependent of the taxpayer who is under the age of 13 and with respect to whom the taxpayer is entitled to a deduction under section 151(c),
“(B) a dependent of the taxpayer who is physically or mentally incapable of caring for himself, or
“(C) the spouse of the taxpayer, if he is physically or mentally incapable of caring for himself.”
Pub. L. 108–311, § 203(c)Subsec. (e)(1). , amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “An individual shall be treated as maintaining a household for any period only if over half the cost of maintaining the household for such period is furnished by such individual (or, if such individual is married during such period, is furnished by such individual and his spouse).”
Pub. L. 108–311, § 207(2)Subsec. (e)(5). , struck out “paragraph (2) or (4) of” before “section 152(e)” in subpar. (A) and substituted “as defined in section 152(e)(3)(A)” for “within the meaning of section 152(e)(1)” in concluding provisions.
Pub. L. 108–311, § 207(3)Subsec. (e)(6)(B). , substituted “section 152(f)(1)” for “section 151(c)(3)”.
Pub. L. 107–147, § 418(b)(1)2002—Subsec. (d)(2)(A). , substituted “$250” for “$200”.
Pub. L. 107–147, § 418(b)(2)Subsec. (d)(2)(B). , substituted “$500” for “$400”.
Pub. L. 107–16, § 204(b)2001—Subsec. (a)(2). , substituted “35 percent” for “30 percent” and “$15,000” for “$10,000”.
Pub. L. 107–16, § 204(a)(1)Subsec. (c)(1). , substituted “$3,000” for “$2,400”.
Pub. L. 107–16, § 204(a)(2)Subsec. (c)(2). , substituted “$6,000” for “$4,800”.
Pub. L. 104–1881996—Subsec. (e)(10). added par. (10).
Pub. L. 100–485, § 703(a)1988—Subsec. (b)(1)(A). , substituted “age of 13” for “age of 15”.
Pub. L. 100–485, § 703(b)Subsec. (c). , inserted at end: “The amount determined under paragraph (1) or (2) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year.”
Pub. L. 100–485, § 703(a)Subsec. (e)(5)(B). , substituted “age of 13” for “age of 15”.
Pub. L. 100–485, § 703(c)(1)Subsec. (e)(9). , added par. (9).
Pub. L. 100–2031987—Subsec. (b)(2)(A). inserted at end “Such term shall not include any amount paid for services outside the taxpayer’s household at a camp where the qualifying individual stays overnight.”
Pub. L. 99–514, § 104(b)(1)(A)1986—Subsecs. (b)(1)(A), (e)(6)(A). , substituted “section 151(c)” for “section 151(e)”.
Pub. L. 99–514, § 104(b)(1)(B)Subsec. (e)(6)(B). , substituted “section 151(c)(3)” for “section 151(e)(3)”.
Pub. L. 98–369, § 471(c)section 44A of this title1984—, renumbered as this section.
Pub. L. 98–369, § 474(c)(2)Subsec. (a)(1). , (3), substituted “subsection (b)(1)” for “subsection (c)(1)” and “subsection (b)(2)” for “subsection (c)(2)”.
Pub. L. 98–369, § 474(c)(1)Subsec. (b). , redesignated subsec. (c) as (b). Former subsec. (b), which provided that the credit allowed by subsec. (a) could not exceed the amount of the tax imposed by this chapter for the taxable year reduced by the sum of the credits allowable under sections 33, 37, 38, 40, 41, 42, and 44, was struck out.
Pub. L. 98–369, § 474(c)(1)Subsec. (c). , redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Pub. L. 98–369, § 474(c)(1)Subsec. (d). , redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Pub. L. 98–369, § 474(c)(4)Subsec. (d)(2). , substituted “subsection (b)(1)(C)” for “subsection (c)(1)(C)” in introductory provisions.
Pub. L. 98–369, § 474(c)(5)Subsec. (d)(2)(A). , substituted “subsection (c)(1)” for “subsection (d)(1)”.
Pub. L. 98–369, § 474(c)(6)Subsec. (d)(2)(B). , substituted “subsection (c)(2)” for “subsection (d)(2).
Pub. L. 98–369, § 474(c)(1)Subsec. (e). , redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Pub. L. 98–369, § 474(c)(7)Subsec. (e)(5). , substituted “subsection (b)(1)” for “subsection (c)(1)” in provisions following subpar. (B).
Pub. L. 98–369, § 423(c)(4), amended par. (5) generally, substituting subpars. (A) and (B) reading:
“(A) paragraph (2) or (4) of section 152(e) applies to any child with respect to any calendar year, and
“(B) such child is under the age of 15 or is physically or mentally incapable of caring for himself,”
for former provisions:
“(A) a child (as defined in section 151(e)(3)) who is under the age of 15 or who is physically or mentally incapable of caring for himself receives over half of his support during the calendar year from his parents who are divorced or legally separated under a decree of divorce or separate maintenance or who are separated under a written separation agreement, and
“(B) such child is in the custody of one or both of his parents for more than one-half of the calendar year.”
and substituted in concluding text “(whichever is appropriate) with respect to the custodial parent (within the meaning of section 152(e)(1)), and shall not be treated as a qualifying individual with respect to the noncustodial parent” for “, as the case may be, with respect to that parent who has custody for a longer period during such calendar year than the other parent, and shall not be treated as being a qualifying individual with respect to such other parent.”
Pub. L. 98–369, § 474(c)(1)Subsecs. (f), (g). , redesignated subsecs. (f) and (g) as (e) and (f), respectively.
Pub. L. 98–211983—Subsec. (b)(2). substituted “relating to credit for the elderly and the permanently and totally disabled” for “relating to credit for the elderly”.
Pub. L. 97–34, § 124(a)1981—Subsec. (a). , designated existing provisions as par. (1), substituted “the applicable percentage” for “20 percent” in par. (1) as so designated, and added par. (2).
Pub. L. 97–34, § 124(c)Subsec. (c)(2)(B). , designated existing provisions as cl. (i) and added cl. (ii).
Pub. L. 97–34, § 124(d)Subsec. (c)(2)(C), (D). , added subpars. (C) and (D).
Pub. L. 97–34, § 124(b)(1)(A)Subsec. (d)(1). , substituted “$2,400” for “$2,000”.
Pub. L. 97–34, § 124(b)(1)(B)Subsec. (d)(2). , substituted “$4,800” for “$4,000”.
Pub. L. 97–34, § 124(b)(2)(A)Subsec. (e)(2)(A). , substituted “$200” for “$166”.
Pub. L. 97–34, § 124(b)(2)(B)Subsec. (e)(2)(B). , substituted “$400” for “$333”.
Pub. L. 95–6001978—Subsec. (f)(6). substituted provision disallowing a credit for any amount paid by a taxpayer to an individual with respect to whom, for the taxable year, a deduction under section 151(e) is allowable either to the taxpayer or his spouse or who is a child of the taxpayer who has not attained the age of 19 at the close of the taxpayer year and defining “taxpayer year” for provision disallowing a credit for any amount paid by the taxpayer to an individual bearing a relationship described in section 152(a)(1) through (8), or a dependent described in section 152(a)(9), except that a credit was allowed for an amount paid by a taxpayer to an individual with respect to whom, for the taxable year of the taxpayer in which the service was performed, neither the taxpayer nor his spouse was entitled to a deduction under section 151(e), provided the service constituted employment within the meaning of section 3121(b).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–21, title VII, § 70405(b)139 Stat. 215
Effective Date of 2021 Amendment
Pub. L. 117–2, title IX, § 9631(d)135 Stat. 160
Effective Date of 2005 Amendment
Pub. L. 109–135, title IV, § 404(d)119 Stat. 2634
Effective Date of 2004 Amendment
Pub. L. 108–311section 208 of Pub. L. 108–311section 2 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 2002 Amendment
Pub. L. 107–147, title IV, § 418(c)116 Stat. 58
Effective Date of 2001 Amendment
Pub. L. 107–16, title II, § 204(c)115 Stat. 50
Effective Date of 1996 Amendment
Pub. L. 104–188, title I, § 1615(d)110 Stat. 1853
In general .—
Special rule for 1995 and 1996 .—
Effective Date of 1988 Amendment
Pub. L. 100–485, title VII, § 703(d)102 Stat. 2427
Effective Date of 1987 Amendment
Pub. L. 100–203, title X, § 10101(b)101 Stat. 1330–384 Pub. L. 100–647, title II, § 2004(a)102 Stat. 3598
In general .—
Special rule for cafeteria plans .—
Effective Date of 1986 Amendment
Pub. L. 99–514section 151(a) of Pub. L. 99–514section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1984 Amendment
section 423(c)(4) of Pub. L. 98–369section 423(d) of Pub. L. 98–369section 2 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Pub. L. 98–369, title IV, § 475(a)98 Stat. 847
Effective Date of 1983 Amendment
Pub. L. 98–21section 105(d)(6) of this titlesection 122(d) of Pub. L. 98–21section 22 of this titleAmendment by applicable to taxable years beginning after , except that if an individual’s annuity starting date was deferred under as in effect on the day before , such deferral shall end on the first day of such individual’s first taxable year beginning after , see , set out as a note under .
Effective Date of 1981 Amendment
Pub. L. 97–34, title I, § 124(f)95 Stat. 201
Effective Date of 1978 Amendment
Pub. L. 95–600, title I, § 121(b)92 Stat. 2779
Effective Date
section 508 of Pub. L. 94–455section 3 of this titleSection applicable to taxable years beginning after , see , set out as an Effective Date of 1976 Amendment note under .
Program To Increase Public Awareness
Pub. L. 101–508, title XI, § 11114104 Stat. 1388–414