PolicyBrief
S. 847
119th CongressMar 4th 2025
Child Care Availability and Affordability Act
IN COMMITTEE

The Child Care Availability and Affordability Act aims to make child care more accessible and affordable by expanding employer-provided child care credits, increasing tax-free dependent care assistance, and creating a refundable household and dependent care tax credit.

Katie Britt
R

Katie Britt

Senator

AL

LEGISLATION

Child Care Bill Proposes Bigger Tax Breaks for Parents and Employers, Overhauls Key Credits

The Child Care Availability and Affordability Act aims to tackle the high cost of child care through significant changes to existing tax credits and assistance programs. This bill proposes expanding tax benefits for employers who help with child care, increasing the amount families can receive tax-free through employer plans, and restructuring the main tax credit parents use for dependent care expenses, notably making it refundable.

Boosting Business Incentives

One major change targets employers. The bill seeks to double the tax credit businesses can claim for qualified child care expenses, boosting it from 25% to 50% (Section 2). The maximum credit an employer could receive annually would also jump significantly, from $150,000 to $500,000. There’s an extra bump proposed for small businesses, pushing their rate to 60% and the cap to $600,000. The idea seems to be encouraging more companies, big and small, to invest in things like on-site care facilities or subsidizing their employees' child care costs. The bill also clarifies that facilities jointly owned or operated by multiple businesses still qualify.

More Pre-Tax Dollars for Dependent Care

For employees participating in Dependent Care Assistance Programs (DCAPs), often used through Flexible Spending Accounts (FSAs), the bill proposes raising the annual tax-free limit (Section 3). Currently, families can exclude up to $5,000 ($2,500 if married filing separately) from their income if the money is used for dependent care. This bill would increase those limits to $7,500 and $3,750, respectively. In practical terms, this means families could potentially set aside more pre-tax money through their employer for child care, lowering their overall taxable income.

Revamping the Parent Tax Credit

Perhaps the most significant change is the overhaul of the Household and Dependent Care Credit (Section 4). The bill proposes replacing the current credit (Section 21 of the tax code) with a new, potentially more generous credit (Section 36C). Key features include:

  • Refundability: This is a big deal. Unlike the current credit, this new version would be refundable, meaning families could receive the credit amount as a refund even if they don't owe any federal income tax. This could provide substantial support, especially for lower-income households.
  • Credit Rate: The credit would start at 50% of eligible expenses.
  • Income Phase-outs: The 50% rate would decrease for higher earners. It begins phasing down by 1% for every $2,000 of adjusted gross income (AGI) over $15,000, with a steeper reduction kicking in for AGI above $150,000.
  • Expense Limits: The amount of expenses eligible for the credit would be capped at $5,000 for one qualifying child or dependent, and $8,000 for two or more.
  • Provider Information: To claim the credit, taxpayers would need to provide identifying information (name, address, and tax ID number) for their care provider.

Putting It Together: What It Means

This legislation attempts a multi-pronged approach to child care costs by adjusting tax incentives for both employers and families. The increased employer credits could spur more workplace-related child care solutions. The higher DCAP limit offers more pre-tax savings for those with access to such plans. The revamped, refundable household credit aims to deliver more direct financial relief, particularly to lower- and middle-income families. However, the requirement to provide detailed caregiver information might pose a challenge for families relying on informal care arrangements. The income-based phase-outs mean the actual benefit received will vary significantly depending on a family's earnings.