This is an extract of our Family Responsibilities document, which we sell as part of our U.S. Income Tax Law Outlines collection written by the top tier of NYU School Of Law students.
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FAMILY RESPONIBILITES A. Family Expenses i. Two basic categories a. Child care expenses -based on actual expenditures (SS21) b. Credits based on just having kids B. Household and Dependent Care Expenses Credits (SS21) i. Fixes part of the two-income couple problem ii. Allows taxpayer to deduct up to 35% of up to $3000 for child-care if the expense allows him/her to be employed (but the amount of expenses can't exceed the income of either spouse---i.e. if either spouse has less than $3K income) a. If AGI is $15K or less, credit is 35% of qualifying expenses, rate of credit reduced by 1% for each $2K by which AGI>15K, but never reduced to below 20%, everyone above $45K income gets 20%. b. Applies to dependents younger than 13, or who are physically or mentally incapable of caring for themselves (includes spouse who is a FT student) c. Can include some expenses outside the home such as qualifying daycare (21(b)) but not sleep-away camp d. Can report up to $6000 expenses if two or more children (21(c)) e. Allocation: Household expenses such as housekeeper that are partially for care of the child should be allocated b/w the credit and not (Reg 1.21-1(d) p 1008 in supp). iii. Use of credit, rather than deduction, and income-adjusted cap on eligible shows Congress meant it to be a subsidy for low-income earners iv. School: a. Regs 21-1d---covers below kindergarten, but once we get above kindergarten, starts to look like private school, so that doesn't count. C. Child Tax Credits (SS24) i. $1000 per child under age 17 ii. Phases out starting at $110K for married, $75K for individual. For every
$1K or fraction thereof above the thresholds, reduces credit by $50 iii. Political compromise partial refundability: The credit is refundable to the extent of 15% of the amount by which earned income is over $10K (indexed to inflation). a. So, for example, if income is $14K, then 15% of $4k, or $600 is refundable b. Increase in amount refundable as income increases helps to offset the phase-out in EITC as income increases. Also, the credit (except for the phase-out) does not vary with income levels, so not subject to criticism of SS151 exemptions that higher-income earners benefit more. D. SS129 Excludes employer-provided dependent care assistance programs, under most conditions [NOT ASSIGNED]. E. EITC (SS32)---VERY COMPLICATED; WE'LL ONLY BE TESTED ON POLICY, NOT ON MECHANICS i. Conditioned on earning income
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