Library / Laws / 118th / hr / H.R. 7425 / Introduced in House
I
118th CONGRESS
2d Session
H. R. 7425
IN THE HOUSE OF REPRESENTATIVES
February 20, 2024Mr. Schweikert introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to provide a deduction for certain newborn expenses.
1.
Deduction for certain newborn expenses
(a)
In general
Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 213 the following new section:
214.
Certain newborn expenses
(a)
In general
In the case of an individual, there shall be allowed as a deduction the qualified newborn expenses paid by the taxpayer for a qualifying child of the taxpayer during the taxable year which includes the date of such child’s birth.
(b)
Limitations
(1)
Maximum deduction
The qualified newborn expenses taken into account under subsection (a) with respect to any qualifying child shall not exceed $5,000.
(2)
Limitation based on modified adjusted gross income
No deduction shall be allowed under subsection to any taxpayer for any taxable year if such taxpayer’s modified adjusted gross income for such taxable year exceeds $100,000 ($200,000, in the case of a joint return).
(3)
Modified adjusted gross income
For purposes of this subsection, the term modified adjusted gross income means adjusted gross income determined without regard to this section and increased by any amount excluded from gross income under section 911, 931, or 933.
(c)
Qualified newborn expenses
For purposes of this section, the term qualified newborn expenses means amount paid for infant formula, baby bottles, diapers, infant car seat, baby stroller, and a crib. Not more than one infant car seat, one baby stroller, and one crib shall be taken into account under this section with respect to any qualifying child.
(d)
Social security number requirements
(1)
Taxpayer
No deduction shall be allowed under subsection (a) for any taxable year unless the taxpayer includes the social security number of the taxpayer (in the case of a joint return, the social security number of either spouse) on the return of tax for such taxable year.
(2)
Qualifying child
Qualified newborn expenses of a qualifying child shall not be taken into account under this section for any taxable year unless the taxpayer includes the social security number of such qualifying child on the return of tax for such taxable year.
(3)
Social security number
For purposes of this subsection—
(A)
In general
The term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued—
(i) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that related to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and
(ii) before the due date of the return of tax on which such number is required to be included.
(B)
Adoption taxpayer identification numbers
For purposes of paragraph (2), in the case of a qualifying child who is adopted or placed for adoption, the term social security number shall include the adoption taxpayer identification number of such child.
(e)
Election To determine deduction for taxable year following birth year
If the taxpayer elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualifying child, subsection (a) shall be applied with respect to such qualifying child by substituting the taxable year immediately following the taxable year for the taxable year.
(f)
Qualifying child
For purposes of this section, the term qualifying child has the meaning given such term by section 152.
(g)
Termination
No credit shall be allowed under this section for any taxable year beginning after December 31, 2029.
.
(b)
Deduction allowed whether or not taxpayer itemizes
Section 62(a) of such Code is amended by inserting after paragraph (7) the following new paragraph:
(8)
Certain newborn expenses
The deduction allowed by section 214.
.
(c)
Omission of correct social security number treated as a mathematical or clerical error
Section 6213(g)(2) of such Code is amended by striking and at the end of subparagraph (U), by striking the period at the end of subparagraph (V) and inserting , and, and by inserting after subparagraph (V) the following new subparagraph:
(W) an omission of a correct social security number under paragraph (1) or (2) of section 214(d) to be included on the return.
.
(d)
Clerical amendment
Part VII of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 213 the following new item:
Sec. 214. Certain newborn expenses.
.
(e)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2024.