The Child Care for American Families Act increases the employer tax credit for providing child care, establishes new spending limits, mandates guidance for multi-employer facilities, requires a public awareness campaign, and commissions a study on regulatory barriers.
David Kustoff
Representative
TN-8
The Child Care for American Families Act significantly increases the federal tax credit available to employers who provide child care facilities or benefits. It establishes tiered credit percentages, reaching up to 60% for eligible small businesses in designated areas, and sets new spending and credit caps. Furthermore, the bill mandates guidance on multi-employer facilities and requires the Treasury Department to launch a public awareness campaign about these enhanced tax incentives. Finally, it directs the GAO to study and report on regulatory barriers affecting employer-provided child care.
The Child Care for American Families Act is a major update to the tax breaks companies get for helping their employees with child care. Essentially, it’s a big financial incentive for employers to step up and offer on-site care or assistance. The core change is a massive bump in the employer-provided child care tax credit (Section 45F of the tax code). The base credit percentage is increasing from 25 percent of qualified expenses up to 40 percent.
This isn't a one-size-fits-all increase. The bill introduces a tiered system designed to push incentives toward smaller businesses and those operating in underserved areas. If you’re an “eligible small business”—meaning you averaged 500 or fewer employees over the last two years—your credit jumps even higher, to 50 percent. If the child care facility is located in an “eligible area” (defined as certain low-income census tracts or rural counties), the credit is boosted further, up to 60 percent (SEC. 2). For the business owner, this means a significantly reduced cost of providing this benefit. For the employee, this means more companies might start offering help, which is crucial when child care costs often rival a mortgage payment. The bill also sets new limits: a total credit cap of $1.2 million and a spending cap of $2 million that can be used to calculate the credit.
One of the biggest hurdles for companies trying to offer child care is the logistics—especially for smaller firms that can’t afford a dedicated facility. Recognizing this, the bill requires the Treasury Secretary to issue official guidance on how the tax credit works for “multi-employer facilities” (SEC. 3). This is key because it means a group of smaller businesses in an office park or industrial complex could potentially pool resources to share a single facility and still claim the tax break correctly. This clarity could unlock child care options for millions of employees who don't work for massive corporations.
The bill also tackles the administrative side of the problem. It mandates that the Treasury set up a public awareness program within one year to make sure every eligible taxpayer knows about this increased credit and how to file for it (SEC. 4). More importantly, the Government Accountability Office (GAO) is tasked with studying the regulatory barriers—all the state and local licensing rules—that make it expensive and complicated to open a child care center (SEC. 5). The GAO’s report, due within 12 months, must recommend ways to streamline these rules without sacrificing safety or quality. This study aims to make it easier for employers to actually use the tax credit, which is the only way this incentive will translate into more real-world child care options for working families. While cutting regulatory hassle sounds great, we’ll need to watch those recommendations closely to ensure they don't accidentally lower safety standards in the rush to make things easier for businesses.