ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

26 U.S.C. § 7527AAdvance payment of child tax credit

submitted 5 years ago by Pub. L. 117-2 to r/title-26-INTERNAL-REVENUE-CODE · 1,354 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must send taxpayers periodic advance payments of the child tax credit. Payments are based on the taxpayer's most recent tax return. These payments only applied between July 2021 and December 2021.

(a) The IRS (the Secretary) must set up a program that sends taxpayers regular payments throughout a calendar year that add up to that taxpayer's "annual advance amount." Except as allowed under (b)(3)(B), each payment in a year must be the same size. (b) How the annual advance amount is figured. (1) Generally, it's the IRS's estimate of 50% of the refundable child tax credit the taxpayer would be allowed for that year under section 24(i)(1) — calculated as if: the taxpayer's eligibility is judged using their "reference taxable year" (defined below) (A); their income for the current year equals their reference-year income (B); their only qualifying children are the ones properly claimed on the reference-year return (C); and those children's ages and qualifying status are updated to reflect time that's passed since the reference year (D). (2) The "reference taxable year" is normally the tax year the taxpayer's most recent return covers — the prior calendar year's return, or, if none was filed, the return from two years before. (3) The IRS may update the annual advance amount partway through the year based on a return the taxpayer files during the year (which can become the new reference year) (A)(i), or other information the taxpayer provides that helps the payments better match the true credit amount (A)(ii). When an update happens, later payments are adjusted up or down to correct for whatever was overpaid or underpaid earlier (B). (4) If the reference-year return doesn't clearly establish the taxpayer's eligibility, the IRS decides based on whatever other information it has. (5) A child isn't counted in the calculation if the IRS already knows that child died before the calendar year began. (c) The IRS must build an online portal where taxpayers can opt out of receiving these payments (1), and can report information relevant to updating their advance amount — such as a new child (including a birth), a change in marital status, a significant income change, or any other factor the IRS specifies (2). (d) By January 31 of the following year, the IRS must send each recipient a written notice listing their taxpayer ID, the total amount paid to them that year, and any other information the IRS thinks appropriate. (e) Administrative rules. (1) These payments must be made by direct electronic transfer, the same way other federal payments are made. (2) Certain verification and anti-fraud rules that apply to a related 2021 payment program also apply here. (3) These payments can't be reduced or intercepted to cover other debts under the usual tax-refund offset rules, and can't be reduced to cover other unpaid federal taxes. (4) For U.S. territories: the advance amount is calculated without regard to the special rule that treats bona fide Puerto Rico residents differently, and without regard to a related possessions cross-reference (A). For a territory that mirrors the federal tax code, this program doesn't automatically become part of that territory's own tax law unless the territory specifically elects it (B). If a mirror-code territory elects in and has an IRS-approved plan for making these advance payments, it gets an extra $300,000 in funding for 2021 tax years (C)(i); American Samoa specifically gets that same $300,000 boost if its own approved plan includes a similar advance-payment program (C)(ii); and the IRS can pay that extra funding right away, as soon as the plan is approved, if the territory asks (C)(iii). (f) No payments under this program can be made for any time before July 1, 2021, or after December 31, 2021. (g) The IRS must issue whatever regulations or guidance are needed to carry out this section and the related child-tax-credit provisions — including guidance for cases where a taxpayer's filing status changes between the year used to calculate their advance payments and their actual return.

facts

- Codified at 26 U.S.C. § 7527A, titled "Advance payment of child tax credit." - Added by Pub. L. 117-2, title IX, § 9611(b)(1), enacted March 11, 2021 (135 Stat. 146). - Contains a single source-credit reference, reflecting one amendment (its original addition). - The section spans approximately 1,354 words across subsections (a) through (g). - Program payments under this section are limited to the period from July 1, 2021, through December 31, 2021.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary shall establish a program for making periodic payments to taxpayers which, in the aggregate during any calendar year, equal the annual advance amount determined with respect to such taxpayer for such calendar year. Except as provided in subsection (b)(3)(B), the periodic payments made to any taxpayer for any calendar year shall be in equal amounts.

(b) Annual advance amount

For purposes of this section—

(1) In general

Except as otherwise provided in this subsection, the term “annual advance amount” means, with respect to any taxpayer for any calendar year, the amount (if any) which is estimated by the Secretary as being equal to 50 percent of the amount which would be treated as allowed under subpart C of part IV of subchapter A of chapter 1 by reason of section 24(i)(1) for the taxpayer’s taxable year beginning in such calendar year if—

(A)

the status of the taxpayer as a taxpayer described in section 24(i)(1) is determined with respect to the reference taxable year,

(B)

the taxpayer’s modified adjusted gross income for such taxable year is equal to the taxpayer’s modified adjusted gross income for the reference taxable year,

(C)

the only children of such taxpayer for such taxable year are qualifying children properly claimed on the taxpayer’s return of tax for the reference taxable year, and

(D)

the ages of such children (and the status of such children as qualifying children) are determined for such taxable year by taking into account the passage of time since the reference taxable year.

(2) Reference taxable year

Except as provided in paragraph (3)(A), the term “reference taxable year” means, with respect to any taxpayer for any calendar year, the taxpayer’s taxable year beginning in the preceding calendar year or, in the case of taxpayer who did not file a return of tax for such taxable year, the taxpayer’s taxable year beginning in the second preceding calendar year.

(3) Modifications during calendar year
(A) In general

The Secretary may modify, during any calendar year, the annual advance amount with respect to any taxpayer for such calendar year to take into account—

(i)

a return of tax filed by such taxpayer during such calendar year (and the taxable year to which such return relates may be taken into account as the reference taxable year), and

(ii)

any other information provided by the taxpayer to the Secretary which allows the Secretary to determine payments under subsection (a) which, in the aggregate during any taxable year of the taxpayer, more closely total the Secretary’s estimate of the amount treated as allowed under subpart C of part IV of subchapter A of chapter 1 by reason of section 24(i)(1) for such taxable year of such taxpayer.

(B) Adjustment to reflect excess or deficit in prior payments

In the case of any modification of the annual advance amount under subparagraph (A), the Secretary may adjust the amount of any periodic payment made after the date of such modification to properly take into account the amount by which any periodic payment made before such date was greater than or less than the amount that such payment would have been on the basis of the annual advance amount as so modified.

(4) Determination of status

If information contained in the taxpayer’s return of tax for the reference taxable year does not establish the status of the taxpayer as being described in section 24(i)(1), the Secretary shall, for purposes of paragraph (1)(A), determine such status based on information known to the Secretary.

(5) Treatment of certain deaths

A child shall not be taken into account in determining the annual advance amount under paragraph (1) if the death of such child is known to the Secretary as of the beginning of the calendar year for which the estimate under such paragraph is made.

(c) On-line information portal

The Secretary shall establish an on-line portal which allows taxpayers to—

(1)

elect not to receive payments under this section, and

(2)

provide information to the Secretary which would be relevant to a modification under subsection (b)(3)(B) of the annual advance amount, including information regarding—

(A)

a change in the number of the taxpayer’s qualifying children, including by reason of the birth of a child,

(B)

a change in the taxpayer’s marital status,

(C)

a significant change in the taxpayer’s income, and

(D)

any other factor which the Secretary may provide.

(d) Notice of payments

Not later than January 31 of the calendar year following any calendar year during which the Secretary makes one or more payments to any taxpayer under this section, the Secretary shall provide such taxpayer with a written notice which includes the taxpayer’s taxpayer identity (as defined in section 6103(b)(6)), the aggregate amount of such payments made to such taxpayer during such calendar year, and such other information as the Secretary determines appropriate.

(e) Administrative provisions
(1) Application of electronic funds payment requirement

The payments made by the Secretary under subsection (a) shall be made by electronic funds transfer to the same extent and in the same manner as if such payments were Federal payments not made under this title.

(2) Application of certain rules

Rules similar to the rules of subparagraphs (B) and (C) of section 6428A(f)(3) shall apply for purposes of this section.

(3) Exception from reduction or offset

Any payment made to any individual under this section shall not be—

(A)

subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 or any similar authority permitting offset, or

(B)

reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection.

(4) Application of advance payments in the possessions of the United States
(A) In general

The advance payment amount determined under this section shall be determined—

(i)

by applying section 24(i)(1) without regard to the phrase “or is a bona fide resident of Puerto Rico (within the meaning of section 937(a))”, and

(ii)

without regard to section 24(k)(3)(C)(ii)(I).

(B) Mirror code possessions

In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this section shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this section be so treated.

(C) Administrative expenses of advance payments
(i) Mirror code possessions

In the case of any possession described in subparagraph (B) which makes the election described in such subparagraph, the amount otherwise paid by the Secretary to such possession under section 24(k)(1)(A) with respect to taxable years beginning in 2021 shall be increased by $300,000 if such possession has a plan, which has been approved by the Secretary, for making advance payments consistent with such election.

(ii) American Samoa

The amount otherwise paid by the Secretary to American Samoa under subparagraph (A) of section 24(k)(3) with respect to taxable years beginning in 2021 shall be increased by $300,000 if the plan described in subparagraph (B) of such section includes a program, which has been approved by the Secretary, for making advance payments under rules similar to the rules of this section.

(iii) Timing of payment

The Secretary may pay, upon the request of the possession of the United States to which the payment is to be made, the amount of the increase determined under clause (i) or (ii) immediately upon approval of the plan referred to in such clause, respectively.

(f) Application

No payments shall be made under the program established under subsection (a) with respect to—

(1)

any period before July 1, 2021, or

(2)

any period after December 31, 2021.

(g) Regulations

The Secretary shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section and subsections (i)(1) and (j) of section 24, including regulations or other guidance which provides for the application of such provisions where the filing status of the taxpayer for a taxable year is different from the status used for determining the annual advance amount.

Source credit: (Added Pub. L. 117–2, title IX, § 9611(b)(1), Mar. 11, 2021, 135 Stat. 146.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 117-2 · 135 Stat. 146
The record shows that 26 U.S.C. § 7527A was added by Public Law 117–2, title IX, § 9611(b)(1), enacted March 11, 2021, and published at 135 Stat. 146. The source credit does not reflect any subsequent amendments to the section; the text as codified appears to remain as originally enacted. Public Law 117–2 is commonly known as the American Rescue Plan Act of 2021, a large-scale economic relief measure enacted in the early months of the COVID-19 pandemic. The Act is generally understood to have addressed widespread economic disruption, unemployment, and financial hardship facing individuals and families during that period, and it included a range of tax and direct-payment provisions intended to provide fast, broad-based relief. Within that broader context, this section's establishment of a mechanism for periodic advance payments of the child tax credit is consistent with the commonly cited purpose of getting relief funds to families more quickly, rather than requiring them to wait until the annual tax-filing process to receive the credit's benefit. The provision's built-in limitation to payments made only between July and December of 2021, evident from the statutory text itself, is consistent with the temporary, emergency character generally associated with the American Rescue Plan Act's relief measures. Beyond this general understanding of the Act's purpose and era, the record does not establish the specific legislative reasoning, deliberations, or intent behind the particular design choices embodied in this section.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case