This is an overview of the several tax benefits that were included in the American Rescue Plan Act recently passed by Congress that will impact families with children and lower-income taxpayers during 2021. These include increased child care benefits plus an increased child tax credit, including advanced monthly payments for some.
The maximum credit rate in 2021 is increased to 50% of the taxpayer’s employment-related expenses, which means the maximum credit will be $4,000 for one qualifying individual, or $8,000 for two or more qualifying individuals. In past years the credit rate varied from 35% down to 20%. When figuring the credit, a taxpayer must subtract tax-free employer-provided dependent care benefits, such as those provided through a flexible spending account, from total employment-related expenses.
A qualifying individual is a dependent under the age of 13, or a dependent of any age or spouse who is incapable of self-care, and who lives with the taxpayer for more than half of the year.
As before, the more a taxpayer earns, the lower the percentage of employment-related expenses that are considered in determining the credit. However, under the new law, more individuals will qualify for the maximum credit percentage rate. That's because the adjusted gross income level at which the credit percentage starts to phase out is raised to $125,000, whereas it was only $15,000 under the prior law. Above $125,000, the 50% credit percentage goes down as income rises. It is entirely unavailable for any taxpayer with adjusted gross income over $444,000.
The credit is fully refundable for the first time in 2021. This means an eligible taxpayer can benefit, even if they owe no federal income tax. To be eligible for the refundable portion of the credit, a taxpayer, or the taxpayer’s spouse if filing a joint return, must reside in the United States for at least half of the year.
For 2021, EITC is generally available to filers without qualifying children who are at least 19 years old with earned income below $21,430 or $27,380 for spouses filing a joint return. The maximum EITC for filers with no qualifying children is $1,502.
Another change for 2021 allows individuals to figure the EITC using their 2019 earned income if it was higher than their 2021 earned income. In some instances, this option will give them a larger credit.
Additional new law changes expand the EITC for 2021 and future years. These changes include:
The American Rescue Plan Act made several notable but temporary changes to the child tax credit, including:
Taxpayers who have qualifying children under age 18 at the end of 2021 can now get the full credit even if they have little or no income from a job, business, or other source. Prior to 2021, the credit was worth up to $2,000 per qualifying child, with the refundable portion limited to $1,400 per child, and a requirement to have at least $2,500 of earned income. The new law increases the credit to as much as $3,000 per child ages 6 through 17 at the end of 2021, and $3,600 per child age 5 and under at the end of 2021. For taxpayers who have their main homes in the United States for more than half of the tax year and bona fide residents of Puerto Rico, the credit is fully refundable, and the $1,400 limit and earned income requirement do not apply.
The maximum credit is available to taxpayers with a modified adjusted gross income of:
Above these income thresholds, the excess amount over the original $2,000 credit — either $1,000 or $1,600 per child — reduces by $50 for every $1,000 in additional modified AGI. The original $2,000 credit continues to be reduced by $50 for every $1,000 that modified AGI is more than $200,000 or $400,000 for married couples filing a joint return.
From July 15 through December 2021, Treasury and the IRS will advance one half of the estimated 2021 child tax credit in monthly payments to eligible taxpayers. Eligible taxpayers are taxpayers who have a main home in the United States for more than half the year. This means the 50 states and the District of Columbia. U.S. military personnel stationed outside the United States on extended active duty are considered to have a main home in the United States.
The monthly advance payments will be estimated from the taxpayer’s 2020 tax return, or their 2019 tax return if 2020 information is not available. Advance payments will not be reduced or offset for overdue taxes or other federal or state debts that taxpayers or their spouses owe. Taxpayers will claim the remaining child tax credit based on their 2021 information when they file their 2021 income tax return.
The IRS is developing an online portal that taxpayers can use to opt out of the advance child tax credit payments or to notify the IRS of changes in their personal situations, such as the birth of a child in 2021, that will impact the monthly payment amounts. The IRS should be releasing details about this soon.
These are substantial financial benefits. If you have further questions regarding these benefits, please