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The Child Tax Credit: Current Law
Updated June 22, 2020
Congressional Research Service
https://crsreports.congress.gov
R41873
SUMMARY
The Child Tax Credit: Current Law
This report provides an overview of the child tax credit under current law, including temporary
changes made by the 2017 tax revision (P.L. 115-97).
).
R41873
June 22, 2020
Margot L. Crandall-Hollick
Acting Section Research
Manager
When calculating the total amount of federal income taxes owed, eligible taxpayers can reduce
their federal income tax liability by the amount of the child tax credit. Currently, eligible families
that claim the child tax credit can subtract up to $2,000 per qualifying child from their federal
income tax liability. The maximum amount of credit a family can receive is equal to the number
of qualifying children in a family multiplied by $2,000. If a family'’s tax liability is less than the
value of their child tax credit, they may be eligible for a refundable credit calculated using the earned income formula. Under
this formula, a family is eligible for a refund equal to 15% of their earnings in excess of $2,500, up to the maximum amount
of the refundable portion of the credit. The maximum amount of the refundable portion of the credit is $1,400 per qualifying
child. The credit phases out for single parents with income over $200,000 and married couples with income over $400,000.
Many of these parameters are scheduled to expire at the end of 2025 under P.L. 115-97.
.
The child tax credit was created in 1997 by the Taxpayer Relief Act of 1997 ( P.L. 105-34) to help ease the financial burden
that families incur when they have children. Like other tax credits, the child tax credit reduces tax liability dollar for dollar of do llar of
the value of the credit. Initially the child tax credit was a nonrefundable credit for most families. A nonrefundable tax credit
can only reduce a taxpayer'’s income tax liability to zero, while a refundable tax credit can exceed a taxpayer'’s income tax
liability, providing a cash payment to low-income taxpayers who owe little or no income tax.
Since it was first enacted, the child tax credit has undergone significant changes. Most recently at the end of 2017, Congress Congres s
expanded the credit, especially for middle- and upper-income taxpayers, by doubling the credit amount and more than
tripling the income level at which the credit begins to phase out. AdditionalAdditionally, although comparatively more modest, changes
were made to the refundable portion of the credit as well, including increasing the refundable credit amount from $1,000 to
$1,400 per child and lowering the refundability threshold from $3,000 to $2,500. These changes are scheduled to be in effect
from 2018 through the end of 2025.
Estimates from the IRS indicate that the total dollar amount of the child tax credit has increased significantly since enactment
from approximately $22 billion to $5451 billion for 2017. These estimates do not include the impact of recent legislative
changes made by P.L. 115-97, which will, all else being equal, expand the total cost of this tax benefit.
The Tax Policy Center (TPC) estimated the distribution of the child tax credit by income level for 20182019 under current law
(including the changes made by P.L. 115-97) and found that the majority of child tax credit dollars will go to taxpayers with
more than $75,000 of income, with nearly one-third of the benefit going to taxpayers with income between $100,000 and
$200,000. In comparison, a relatively small share will go to very-low-income or very-high-income taxpayers. TPC also
estimated that the vast majority of taxpayers with children will receive the child tax credit. AboutSlightly less than half of the
lowest-income taxpayers with children will receive the credit and no taxpayers with children and income over $1 million will
receive the credit. Finally, TPC estimated that taxpayers with income between $100,000 and $200,000 will on average
receive the largest credit of over $3,000. Taxpayers with children and income under $20,000 will receive on average a credit
of less than $1,000, while the wealthiest taxpayers with children will receive on average a credit of $10.
Congressional Research Service
The Child Tax Credit: Current Law
Contents
Introduction ................................................................................................................... 1
Current Law ................................................................................................................... 1
Detailed Overview of Current Credit ............................................................................ 2
Maximum Credit per Child .................................................................................... 2
The Nonrefundable $500 Credit for Non-Child Tax Credit Dependents......................... 3
Maximum Additional Child Tax Credit (ACTC) per Child, the Refundability
Threshold and Refundability Rate ........................................................................ 3
The Phaseout Threshold and Phaseout Rate .............................................................. 4
Definition of a Qualifying Child .................................................................................. 4
ID Requirements to Claim the Child Tax Credit.............................................................. 5
Disallowance of the Credit Due to Fraud or Reckless Disregard of the Rules ...................... 5
Data on the Child Tax Credit............................................................................................. 5
Total Child Tax Credit Dollars, 1998-2017 .................................................................... 6
Total Child Tax Credit Dollars by Income Level ............................................................. 8
Share of Taxpayers with Children Receiving the Child Tax Credit ..................................... 9
Average Child Tax Credit Amount.............................................................................. 10
Figures
Figure 1 Child Tax Credit Amount by Income Level ............................................................. 2
Figure 2. Total Real Child Tax Credit Dollars, 1998-2017...................................................... 7
Figure 3. Estimated Share of Total Child Tax Credit Dollars by Income Level, 2019.................. 8
Figure 4. Estimated Share of Taxpayers with Children and All Taxpayers Receiving the
Child Tax Credit by Income Level, 2019........................................................................ 10
Figure 5. Estimated Average Child Tax Credit Amount by Income Level for Taxpayers
with Children and All Taxpayers, 2019 .......................................................................... 11
Tables
Table 1. Overview of Key Aspects of the Child Tax Credit Under Current Law......................... 1
Contacts
Author Information ....................................................................................................... 12
Congressional Research Service
The Child Tax Credit: Current Law
Introduction
The child tax credit was created in 1997 by the Taxpayer Relief Act of 1997 (P.L. 105-34) to help
ease the financial burden that families incur when they have children. Like other tax credits, the
child tax credit reduces tax liability dollar for dollar of the value of the credit. Initially the child
tax credit was a nonrefundable credit for most families. A nonrefundable tax credit can only
reduce a taxpayer'’s income tax liability to zero, while a refundable tax credit can exceed a taxpayer'
taxpayer’s income tax liability, providing a cash payment primarily to low -income taxpayers who
owe little or no income tax. Over the past 20 years, legislative changes have significantly changed
the credit, transforming it from a generally nonrefundable credit available only to the middle and
upper-middle class, to a refundable credit that more low -income families are eligible to claim.
This report provides an overview of the credit under current law and also provides some summary
data on these benefits. For a complete legislative history of the credit, see CRS Report R45124,
The Child Tax Credit: Legislative History, by [author name scrubbed].
, by Margot L. Crandall-Hollick.
Current Law
The child tax credit allows taxpayers to reduce their federal income tax liability (the income taxes
owed before tax credits are applied) by up to $2,000 per qualifying child. If the value of the credit
exceeds the amount of tax a family owes, the family may be eligible to receive a full or partial
refund of the difference. The refundable portion of the credit is sometimes referred to as the
additional child tax credit or ACTC. The total amount of their refund is calculated as 15% (the
refundability rate) of earnings that exceed $2,500 (the refundability threshold), up to the
maximum amount of the refundable portion of the credit ($1,400 per child).
The credit phases out for higher-income taxpayers. The child tax credit can offset a taxpayer's ’s
Alternative Minimum Tax (AMT) liability. Currently, the maximum credit per child, refundability
threshold, and phaseout thresholds are not indexed for inflation. From 2018 to 2025, the
maximum amount of the ACTC is indexed for inflation. Table 1 provides an overview of key
provisions of the child tax credit under current law and how they will change, beginning in 2026,
as scheduled under P.L. 115-97.
Parameter |
|
Pre-2018/Post 2025 |
Maximum credit per child |
$2,000 |
$1,000 |
2018-2025
Post 2025a
Maximum credit per child
$2,000
$1,000
Maximum refundable |
$1,400 |
$1,000 |
Refundability Threshold |
$2,500 |
$3,000 |
Refundability Rate |
15% |
15% |
Phaseout Threshold |
|
|
Phaseout Rate |
5% |
5% |
Offset AMT tax liability |
YES |
YES |
Source: Internal Revenue Code, 26 U.S.C. §24.
Note: The refundable portion of the child tax credit is often referred to as the additional child tax credit or ACTC.
Each of the key parameters of the child tax credit as in effect from 2018-2025 through the end of 2025
is described in more detail below. The legislative changes made to the child tax credit by P.L.
115-97 have significantly expanded the child tax credit, especially for upper-income taxpayers, as
illustrated in Figure 1.
|
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Figure 1. Figure 1 Child Tax Credit Amount by Income Level Source: Internal Revenue Code (IRC) Section 24.
Notes: This is a stylized example assuming the taxpayer has one qualifying child. In actuality, the ACTC is |
Eligible families can claim a child tax credit and reduce their federal income tax liability by up to
$2,000 per qualifying child.1 1 The maximum credit a family can receive is equal to the number of
qualifying children a taxpayer has, multiplied by $2,000. For example, a family with two
qualifying children may be eligible for a $4,000 credit. Families may receive the child tax credit
as a reduction in tax liability (the nonrefundable portion of the credit), a refundable credit (the
1
T he child tax credit can be found in Section 24 of the Intern al Revenue Code (26 U.S.C. §24).
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The Child Tax Credit: Current Law
amount of the credit in excess of tax liability), or a combination of both.2 2 The refundable portion
of the credit—the ACTC—is discussed in the subsequent section.
|
Beginning in 2026, the maximum amount of the credit is scheduled to revert to $1,000 per qualifying child.
For taxpayers with little or no federal income tax liability, they will be eligible for little if any of the nonrefundable portion of the child tax credit. Instead, they may be eligible to receive the child tax credit as a refundable credit. The refundable portion of the child tax credit is often referred to as the additional child tax credit or ACTC. The amount of the refundable child tax credit is generally calculated using the "earned income formula"5 up to the maximum ACTC amount of $1,400 per qualifying child.
Under the earned income formula, a taxpayer may claim an ACTC equal to 15% of the family's earned income in excess of $2,500, up to the maximum ACTC amount (i.e., up to $1,400 multiplied by the number of qualifying children). The $2,500 amount is referred to as the refundability threshold; the 15% is referred to as the refundability rate. If a taxpayer's earnings are below the refundability threshold, they are ineligible for the ACTC. For every dollar of earnings above this amount, the value of the taxpayer's ACTC increases by 15 cents, up to the maximum amount of the credit ($1,400 per qualifying child). For purposes of calculating the ACTC, earned income is defined as wages, tips,
and other compensation included in gross income. It also includes net self-employment income
(self-employment income after deduction of one-half of Social Security payroll taxes paid by a
self-employed individual).
Beginning in 2026, the refundability threshold is scheduled to increase to $3,000 and the
maximum ACTC per child (the amount that exceeds income tax liability) is scheduled to decrease
to $1,000 per child.
The child tax credit phases out for higher-income families. The $2,000-per-child value of the
credit falls by a certain amount as a family'’s income rises. Specifically, for every $1,000 of
modified adjusted gross income (MAGI)6 6 above a threshold amount, the credit falls by $50—or
effectively by 5% of MAGI above the threshold. The threshold amount depends on a taxpayer's ’s
filing status, and equals $200,000 for single parents and married taxpayers filing separate returns,
and $400,000 for married taxpayers filing joint returns. The actual income level at which the
credit is entirely phased out (i.e., equals zero) depends on the number of qualifying children a
taxpayer has. Generally, it takes $40,000 of MAGI above the phaseout threshold to completely
phase out $2,000 of credit. For example, the credit will completely phase out for a married couple
with two children if their MAGI exceeds $480,000 (see Figure 1).
In order to claim the child tax credit, a taxpayer'’s child must be considered "“a qualifying child" ”
and meet several requirements, which may differ from eligibility requirements for other child-relatedchildrelated tax benefits:
8
The age and citizenship requirements for a qualifying child for the child tax credit differ from the
definition of qualifying child used for other tax benefits and can cause confusion among
taxpayers. For example, a taxpayer'’s 18-year-old child may meet all the requirements for a
qualifying child for the EITC, but will be too old to be eligible for the child tax credit.
The statute requires that taxpayers who intend to claim the child tax credit provide a valid
taxpayer identification number (TIN) for each qualifying child on their federal income tax return.
Under a temporary change in effect from 2018 through the end of 2025, the child'’s TIN must be a
work-authorized Social Security number (SSN). The SSN must be issued before the due date of
the tax return. Failure to provide the child'’s SSN may result in the taxpayer being denied the
credit (both the nonrefundable and refundable portions of the credit).
Absent any legislative changes, beginning in 2026, a valid TIN for qualifying children will
include individual taxpayer identification numbers (ITINs) and Social Security numbers (SSNs).
ITINs are issued by the Internal Revenue Service (IRS) to noncitizens who do not have and are
not eligible to receive SSNs. ITINs are supplied solely so that noncitizens are able to comply with
federal tax law, and do not affect immigration status.
In addition, in order to claim the child tax credit in a given tax year, the taxpayer must also
provide their own taxpayer identification number that must be issued before the due date of the
tax return. This is a permanent ID requirement that is not scheduled to expire.
A tax filer is barred from claiming the child tax credit for a period of 10 years after the IRS makes
a final determination to reduce or disallow a tax filer'’s child tax credit because that individual
made a fraudulent child tax credit claim. A tax filer is barred from claiming the child tax credit for
a period of two years after the IRS determines that the individual made a child tax credit claim "
“due to reckless and intentional disregard of [the] rules"” of the child tax credit, but that disregard
was not found to be due to fraud.8
Estimates from the Internal Revenue Service (IRS) and Tax Policy Center highlight several key
aspects of the child tax credit:
2017
IRS estimates of the amount of total child tax credit dollars (inflation adjusted to 20152017 dollars)
received by taxpayers indicate that this tax benefit has more than doubled in size since enactment,
from aggregate receipt of $22 billion in 1998 to approximately $5451 billion in 20152017, as illustrated
in Figure 2.
10
T he T ax Policy Center measure of income used in their analysis expanded cash income (ECI) which is defined as
cash income plus (1) tax-exempt employee and employer contributions to health insurance and other fringe benefits, (2)
employer contributions to tax-preferred retirement accounts, (3) income earned within retirement accounts, and (4)
food stamps. For more information, see http://www.taxpolicycenter.org/resources/income-measure-used-distributionalanalyses-tax-policy-center.
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The Child Tax Credit: Current Law
, as illustrated in Figure 2.
A significant component in the growth of the child tax credit has been the growth in the
refundable portion of the credit, which now comprises approximately half of child tax credit
dollars received by taxpayers. (For an overview of the legislative changes that have influenced
the expansion of both the refundable and nonrefundable portions of the credit, see CRS Report
R45124, The Child Tax Credit: Legislative History, by [author name scrubbed].) The most , by Margot L. Crandall-Hollick.) The most
recent IRS data available are for the 20152017 tax year (i.e., 20152017 income tax returns filed in 2016), 2018),
and hence do not include the impact of the legislative changes made to the credit by P.L. 115-97. .
As previously discussed, these legislative changes are currently scheduled to be in effect from
2018 through the end of 2025. The Joint Committee on Taxation has estimated that the
modification to the child tax credit formula will cost an estimated $573.4 billion between 2018
and 2026, or on average $64 billion a year.10 11 (These estimates include the budgetary cost of the
$500 nonrefundable credit for non-child tax-credit-eligible dependents.) JCT also estimates that
the new SSN requirement will save $29.8 billion between 2018 and 2026, or on average $3
billion per year.
The Tax Policy Center (TPC) estimated the distribution of aggregate child tax credit by income level11 for 2018
level for 2019 under current law (i.e., including the changes made by P.L. 115-97).).12 These
estimates include the $500 credit for non-child tax-credit-eligible dependents. TPC estimates that
nearly one-third of all child tax credit dollars (31%) will go30.5%) went to taxpayers with income between
$100,000 and $200,000, as illustrated in Figure 3.
Slightly more than one. One-quarter of all child tax credit dollars (26.5%) will go
(25.0%) went to taxpayers with income under $50,000.
Lower-income taxpayers will generally receive a credit of $1,400 or less per child, depending on their
earnings. In contrast, higher-income taxpayers with sufficient income tax liability will receive a credit
of $2,000 per child. For example, a single parent with two children and $15,000 of income will be is
eligible for a $1,875 credit (received entirely as the refundable child credit or ACTC), less than
the maximum ACTC for two children of $2,800 (2x $1,400) and less than the maximum credit for
two children of $4,000 (2 x $2,000). The highest-income taxpayers willdo not receive a credit due to
the credit phaseout.
TPC estimated the share of all taxpayers and taxpayers with children that would receive the child tax credit in 2018taxpayers with children and all taxpayers that received the child tax
credit in 2019. The estimates indicate that among taxpayers with children, almost all taxpayers will receive
received the child tax credit. More than 90% of taxpayers with children and income between
$40,000 and $500,000 will receivereceived the child tax credit. In contrast, aboutless than half (5147.8%) of
taxpayers with children and income under $10,000 will receivereceived the child tax credit in 2018, and less than one-fifth (182019, and
about one-third (38.6%) of taxpayers with children and income between $500,000 and $1 million will receive
received the credit, as illustrated in Figure 4. .
Fewer low-income families with children will benefit from the child tax credit since taxpayers with
income under $2,500 (the refundability threshold) willare not be eligible for the refundable portion of
the credit. In contrast, due to the phaseout of the credit at higher income levels, virtually no
taxpayers with children and income over $1 million will beare currently eligible to claim it.
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The Child Tax Credit: Current Law
Figure 4. Estimated Share of Taxpayers with Children and All Taxpayers
Receiving the Child Tax Credit by Income Level, 2019
Source: Tax Policy Center Model T20-0091.
Notes: eligible to claim it.
TPC estimated the average child tax credit amount by income level for all taxpayers and taxpayers with children in 2018taxpayers with children
and all taxpayers in 2019. Their estimates indicate that taxpayers with children and income
between $100,000 and $200,000 will receivereceived the largest credit on average—an estimated $3,100. 040.
Taxpayers with children and income under $20,000 will receivereceived on average a credit of less than
Congressional Research Service
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The Child Tax Credit: Current Law
$1,000, while the wealthiest taxpayers with children (income over $1 million) will on average receive
received a credit of $10.
Lower-income taxpayers are eligible to receive a credit of up to $1,400 per child, although they
may receive less depending on their earned income. In contrast, higher-income taxpayers, with
sufficient income tax liability, will beare eligible for up to a $2,000 credit per child. The highest-income
taxpayers will beare ineligible for the credit due to the phaseout.
Author Contact Information
1. |
The child tax credit can be found in Section 24 of the Internal Revenue Code (26 U.S.C. §24). |
2. |
Importantly, even if the credit both reduces tax liability and then is received as a refund, the total value of the nonrefundable and refundable portion of the credit cannot exceed $2,000 per child multiplied by the number of qualifying children. Hence, if a family with two children and a $1,500 tax liability is eligible for a $2,000 child tax credit, $1,500 of their credit will reduce their tax liability to zero (the nonrefundable portion) and the family may receive up to $500 of child tax credit as a refundable credit, depending on their income. |
3. |
The original title of the law, the Tax Cuts and Jobs Act, was stricken before final passage because it violated what is known as the Byrd rule, a procedural rule that can be raised in the Senate when bills, like the tax bill, are considered under the process of reconciliation. The actual title of the law is "To provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018." For more information on the Byrd rule, see CRS Report RL30862, The Budget Reconciliation Process: The Senate's "Byrd Rule", by [author name scrubbed] |
4. |
For more information on the changes made to the tax code by P.L. 115-97, see CRS Report R45092, The 2017 Tax Revision (P.L. 115-97): Comparison to 2017 Tax Law, coordinated by [author name scrubbed] and [author name scrubbed]. |
5. |
Families with three or more children may choose to calculate the refundable portion of the child tax credit using an alternative formula. If the amount calculated under the alternative formula is larger than the refundable credit calculated under the earned income formula, the larger credit can be claimed. The alternative formula is calculated as the excess of a taxpayer's payroll taxes (including one-half of any self-employment taxes) over their earned income tax credit (EITC), not to exceed the maximum credit amount. However, lower-income taxpayers will often pay less in payroll taxes than they will receive in the EITC. This is because payroll taxes are equal to 7.65% of earnings, while the EITC equals up to 45% of earnings. |
6. |
With respect to the child tax credit, modified adjusted gross income (MAGI) is equal to Adjusted Gross Income (AGI) increased by foreign earned income of U.S. Citizens abroad, including income earned in Guam, American Samoa, the Northern Mariana Islands, and Puerto Rico. For more information on AGI see CRS Report RL30110, Federal Individual Income Tax Terms: An Explanation, by [author name scrubbed] and [author name scrubbed]; and CRS Report RL32808, Overview of the Federal Tax System, by [author name scrubbed] and [author name scrubbed]. |
7. |
From 2018 to 2025, due to the temporary suspension of the dependent exemption enacted as part of P.L. 115-97, taxpayers may no longer claim their children as dependents for purposes of the dependent exemption, although this does not affect eligibility for the credit and the definition of a dependent remains unchanged by the law. IRC Section 151(d)(5)(B). |
8. |
See IRC Section 24(g). |
9. |
The Tax Policy Center measure of income used in their analysis expanded cash income (ECI) which is defined as cash income plus (1) tax-exempt employee and employer contributions to health insurance and other fringe benefits, (2) employer contributions to tax-preferred retirement accounts, (3) income earned within retirement accounts, and (4) food stamps. For more information, see http://www.taxpolicycenter.org/resources/income-measure-used-distributional-analyses-tax-policy-center. |
10. |
Joint Committee on Taxation, Estimated Budget Effects of the Conference Agreement for HR.1, the "Tax Cuts and Jobs Act", December 18, 2017, JCX-67-17. |
11. |
For the purposes of these estimates that Tax Policy Center uses a broad measure of pretax income called "expanded cash income" or ECI. ECI equals cash income plus (1) tax-exempt employee and employer contributions to health insurance and other fringe benefits, (2) employer contributions to tax-preferred retirement accounts, (3) income earned within retirement accounts, and (4) food stamps. According to TPC, "[t]he primary motivation for adopting this broader income measure was to characterize differences in the economic status of individual taxpayers more completely and accurately." For more information, see http://www.taxpolicycenter.org/resources/income-measure-used-distributional-analyses-tax-policy-center. |