,i #aaith ,,congress #ast ,session ,h4 ,r4 #dfc ,,in ,,the ,,house ,,of ,,representatives ,january #ae1 #bjbe,mrs4 ,sykes introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to expand the earned income and child tax credits1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,lower ,your ,taxes ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,sec4 #c4 ,expansion of earned income tax credit4,sec4 #d4 ,payments to taxpayers determined by treating ,state non-refundable earned income tax credits as refundable4,sec4 #e4 ,establishment of refundable child tax credit with monthly advance payment4,sec4 #f4 ,capital gains rates not applicable to certain high income taxpayers4,sec4 #g4 ,increase in rates of certain corporate taxes4 #b4 ,sense of ,congress ,it is the sense of ,congress that the net revenue derived from this ,act should be used to reduce the national deficit1 to the extent thereof1 and thereafter to reduce the national debt4 #c4 ,expansion of earned income tax credit 7a7 ,credit percentage ,the table contained in section #cb7;b77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking #cd and inserting #fh1 7#b7 by striking #dj and inserting #hj1 7#c7 by striking #de and inserting #ij1 and 7#d7 by striking #g4fe in the column with the heading ,the credit percentage is3 and inserting #ce4 7b7 ,phaseout percentage ,the table contained in section #cb7;b77#a7 of such ,code is amended-- 7#a7 by striking #ae4ih and inserting #g1 7#b7 by striking #ba4jf both places it appears and inserting #aj1 and 7#c7 by striking #g4fe in the column with the heading ,the phaseout percentage is3 and inserting #g4 7c7 ,earned income amount ,the table contained in section #cb7;b77#b77;,a7 of such ,code is amended-- 7#a7 by striking #f1ccj and inserting #ai1jjj1 7#b7 by striking #h1hij and inserting #bg1jjj1 and 7#c7 by striking #d1bbj and inserting #ae1jjj4 7d7 ,phaseout amount 7#a7 ,in general ,the table contained in section #cb7;b77#b77;,a7 of such ,code is amended-- 7,a7 by striking #aa1faj both places it appears and inserting #cj1jjj1 and 7,b7 by striking #e1bhj and inserting #ae1jjj4 7#b7 ,joint returns ,section #cb7;b77#b77;,b7 of such ,code is amended by striking determined under subparagraph 7,a7 shall be increased by #e1jjj and inserting twice the amount determined under subparagraph 7,a74 7#c7 ,inflation adjustment ,section #cb7;j7 of such ,code is amended to read as follows3 7j7 ,inflation adjustments 7#a7 ,earned income and phaseout amounts 7,a7 ,in general ,in the case of any taxable year beginning after #bjbf1 each of the dollar amounts in subsection 7b77#b77;,a7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the ,,gdp adjustment determined under subparagraph 7,b7 for the calendar year in which the taxable year begins4 7,b7 ,,gdp adjustment ,for purposes of this paragraph1 the term ,,gdp adjustment for any calendar year is the percentage 7if any7 by which-- 7i7 the per capita nominal gross domestic product for the preceding calendar year 7as determined by the ,secretary71 exceeds 7ii7 the per capita nominal gross domestic product for calendar year #bjbe 7as determined by the ,secretary74 7,c7 ,rounding ,if any dollar amount in subsection 7b77#b77;,a71 after any increase under subparagraph 7,a71 is not a multiple of #aj1 such dollar amount shall be rounded to the nearest multiple of #aj4 7#b7 ,excessive investment income 7,a7 ,in general ,in the case of any taxable year beginning after #bjba1 the dollar amount in subsection 7i77#a7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjbj for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,if the dollar amount in subsection 7i77#a71 after any increase under subparagraph 7,a71 is not a multiple of #ej1 such dollar amount shall be rounded to the next lowest multiple of #ej4 4 7e7 ,age limitations ,section #cb7;c77#a77;,a77ii77,,ii7 of such ,code is amended by striking has attained age #be but not attained age #fe and inserting has attained age #ah4 7f7 ,notification of taxpayers by ,treasury of potential eligibility for the earned income tax credit 7#a7 ,in general ,with respect to taxable years beginning in calendar years after #bjbe1 the ,secretary shall establish a program to notify 7whether by electronic means or otherwise7 specified individuals that such individuals may be eligible for the earned income tax credit4 7#b7 ,specified individual ,for purposes of this subsection1 the term specified individual means any individual who-- 7,a7 based on information available to the ,secretary related to the taxable year or the preceding taxable year1 the ,secretary determines is likely to be eligible for the earned income tax credit1 and 7,b7 either-- 7i7 filed a return of tax for such taxable year and did not claim the earned income tax credit1 or 7ii7 did not 7as of such determination7 file a return of tax for such taxable year4 7#c7 ,secretary ,for purposes of this subsection1 the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate4 7g7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbe4 #d4 ,payments to taxpayers determined by treating ,state non-refundable earned income tax credits as refundable 7a7 ,in general ,the ,secretary shall establish a program for making annual payments to eligible individuals equal to the ,state refundable earned income tax credit equivalency amount with respect to taxable years beginning in calendar years after #bjbe4 7b7 ,eligible individual ,for purposes of this section-- 7#a7 ,in general ,the term eligible individual means any individual who is eligible for1 and claims1 a non-refundable earned income tax credit for a taxable year beginning after ,december #ca1 #bjbe1 under the income tax laws of an eligible ,state4 7#b7 ,eligible ,state ,the term eligible ,state means any ,state if-- 7,a7 the ,secretary determines that such ,states has in effect1 as of the date of the enactment of this ,act1 a non-refundable earned income tax credit1 and 7,b7 such ,state enters into an agreement with the ,secretary to provide the ,secretary such information as the ,secretary may require to administer this section4 7#c7 ,non-refundable earned income tax credit 7,a7 ,in general ,the term non-refundable earned income tax credit means1 with respect to any ,state1 a credit against the income tax imposed by such ,state which the ,secretary has determined is based on the earned income of the taxpayer and which is limited to the tax liability of such taxpayer4 7,b7 ,treatment of certain credit modifications ,a credit shall not be treated as a non-refundable earned income tax credit for any taxable year if the ,secretary determines that such credit as in effect for such taxable year has been modified 7relative to such credit as in effect on the date of the enactment of this ,act7 in a manner which suggests that a significant purpose of such modification was to increase the amount of payments made under this section4 7,c7 ,treatment of credits scheduled to terminate ,a credit shall not be treated as non-refundable earned income tax credit for any taxable year if such credit was not scheduled to be in effect for such taxable year under the income tax laws of the ,state as in effect on the date of the enactment of this ,act4 7c7 ,state refundable earned income tax credit equivalency amount ,for purposes of this section1 the term ,state refundable earned income tax credit equivalency amount means1 with respect to any individual for any taxable year1 the amount determined by the ,secretary as being the excess 7if any7 of-- 7#a7 the amount of the non-refundable earned income tax credit which would have been allowed to such individual for such taxable year if such credit were not limited based on the tax liability of the taxpayer1 over 7#b7 the amount by which such individual's ,state income tax liability would increase if such credit were not allowed 7determined after taking into account all other income tax credits other than income tax credits which constitute credits for the payment of tax74 7d7 ,payments treated in same manner as refundable income tax credits ,except as otherwise provided by the ,secretary1 the program established under subsection 7a7 shall effectuate the payments described therein by deeming the amount of such payment as a payment of ,federal income tax for purposes of the ,internal ,revenue ,code of #aihf4 ,any overpayment of tax attributable to such deemed payment shall be refunded by the ,secretary as soon as practicable4 ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 any such refund shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7e7 ,secretary ,for purposes of this section1 the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate4 #e4 ,establishment of refundable child tax credit with monthly advance payment 7a7 ,in general ,subpart ,a of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #bd the following new sections3 #bd;,a4 ,monthly child tax credit 7a7 ,allowance of credit ,there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the sum of the monthly specified child allowances determined with respect to the taxpayer under subsection 7b7 for each calendar month during such taxable year4 7b7 ,monthly specified child allowance 7#a7 ,in general ,for purposes of this section1 the term monthly specified child allowance means1 with respect to any taxpayer for any calendar month1 the sum of-- 7,a7 #cjj1 with respect to each specified child of such taxpayer who will 7as of the close of such month7 have attained age #f1 plus 7,b7 #cej1 with respect to each specified child of such taxpayer who will not 7as of the close of such month7 have attained age #f4 7#b7 ,limitations based on modified adjusted gross income 7,a7 ,initial reduction ,the monthly specified child allowance otherwise determined under paragraph 7#a7 with respect to any taxpayer for any calendar month shall be reduced 7but not below zero7 by #a_/ab of #e percent of the excess 7if any7 of the taxpayer's modified adjusted gross income for the applicable taxable year over the initial threshold amount in effect for such applicable taxable year4 7,b7 ,limitation on initial reduction ,in the case of any calendar month beginning before ,january #a1 #bjbf1 the amount of the reduction under subparagraph 7,a7 shall not exceed the lesser of-- 7i7 the excess 7if any7 of-- 7,i7 the monthly specified child allowance with respect to the taxpayer for such calendar month 7determined without regard to this paragraph71 over 7,,ii7 the amount which would be determined under subclause 7,i7 if the dollar amounts in effect under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 were each equal to #aff4fg1 or 7ii7 #a_/ab of #e percent of the excess of the secondary threshold amount over the initial threshold amount4 7,c7 ,secondary reduction ,in the case of any calendar month beginning before ,january #a1 #bjbf1 the monthly specified child allowance otherwise determined under paragraph 7#a7 with respect to any taxpayer for such calendar month 7determined after the application of subparagraphs 7,a7 and 7,b77 shall be reduced 7but not below zero7 by #a_/ab of #e percent of the excess 7if any7 of the taxpayer's modified adjusted gross income for the applicable taxable year over the secondary threshold amount4 7,d7 ,definitions related to limitations based on modified adjusted gross income ,for purposes of this paragraph-- 7i7 ,initial threshold amount ,the term initial threshold amount means-- 7,i7 #aej1jjj1 in the case of a joint return or surviving spouse 7as defined in section #b7;a771 7,,ii7 #a_/b the dollar amount in effect under subclause 7,i71 in the case of a married individual filing a separate return1 and 7,,iii7 #aab1ejj1 in any other case4 7ii7 ,secondary threshold amount ,the term secondary threshold amount means-- 7,i7 #djj1jjj1 in the case of a joint return or surviving spouse 7as defined in section #b7;a771 7,,ii7 #cjj1jjj1 in the case of a head of household 7as defined in section #b7;b771 and 7,,iii7 #bjj1jjj1 in any other case4 7iii7 ,applicable taxable year ,the term applicable taxable year means1 with respect to any taxable year for which the credit under this section is determined-- 7,i7 such taxable year1 or 7,,ii7 if the taxpayer elects the application of this subclause 7at such time and in such form and manner as the ,secretary may provide71 the preceding taxable year or the second preceding taxable year 7as specified in such election74 7iv7 ,modified adjusted gross income ,the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section #iaa1 #ica1 or #icc4 7#c7 ,inflation adjustments 7,a7 ,monthly specified child allowance ,in the case of any month beginning after ,december #ca1 #bjbe1 each dollar amount in paragraph 7#a7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by-- 7ii7 the percentage 7if any7 by which-- 7,i7 the ,,cpi 7as defined in section #a7;f77#d77 for the calendar year preceding the calendar year in which such month begins1 exceeds 7,,ii7 the ,,cpi 7as so defined7 for calendar year #bjbj4 7,b7 ,initial threshold amount ,in the case of any taxable year beginning after ,december #ca1 #bjbe1 the dollar amounts in subclauses 7,i7 and 7,,iii7 of paragraph 7#b77;,d77i7 shall each be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the percentage 7if any7 which would be determined under subparagraph 7,a77ii7 if subclause 7,,ii7 thereof were applied by substituting #bjbb for #bjbj4 7,c7 ,rounding 7i7 ,monthly specified child allowance ,any increase under subparagraph 7,a7 which is not a multiple of #aj shall be rounded to the nearest multiple of #aj4 7ii7 ,initial threshold amount ,any increase under subparagraph 7,b7 which is not a multiple of #e1jjj shall be rounded to the nearest multiple of #e1jjj4 7c7 ,specified child ,for purposes of this section-- 7#a7 ,in general ,the term specified child means1 with respect to any taxpayer for any calendar month1 an individual-- 7,a7 who has the same principal place of abode as the taxpayer for more than one-half of such month1 7,b7 who is younger than the taxpayer and will not1 as of the close of such month1 have attained age #ah1 7,c7 who receives care from the taxpayer during such month that is not compensated1 7,d7 who is not the spouse of the taxpayer at any time during such month1 and 7,e7 who either-- 7i7 is a citizen1 national1 or resident of the ,united ,states1 or 7ii7 if the taxpayer is a citizen or national of the ,united ,states1 such individual is described in section #aeb7;f77#a77;,b7 with respect to such taxpayer4 7#b7 ,certain individuals ineligible ,in the case of an individual who is a specified child with respect to another taxpayer for any calendar month1 such individual shall be treated for such calendar month as having no specified children4 7#c7 ,care from the taxpayer 7,a7 ,in general ,except as otherwise provided by the ,secretary1 whether any individual receives care from the taxpayer 7within the meaning of paragraph 7#a77;,c77 shall be determined on the basis of facts and circumstances with respect to the following factors3 7i7 ,the supervision provided by the taxpayer regarding the daily activities and needs of the individual4 7ii7 ,the maintenance by the taxpayer of a secure environment at which the individual resides4 7iii7 ,the provision or arrangement by the taxpayer of1 and transportation by the taxpayer to1 medical care at regular intervals and as required for the individual4 7iv7 ,the involvement by the taxpayer in1 and financial and other support by the taxpayer for1 educational or similar activities of the individual4 7v7 ,any other factor that the ,secretary determines to be appropriate to determine whether the individual receives care from the taxpayer4 7,b7 ,determination of whether care is compensated ,for purposes of determining if care is compensated within the meaning of paragraph 7#a77;,c71 compensation from the ,federal ,government1 a ,state or local government1 a ,tribal government1 or any possession of the ,united ,states shall not be taken into account4 7#d7 ,application of tie-breaker rules 7,a7 ,in general ,except as provided in subparagraph 7,d71 if any individual would 7but for this paragraph7 be a specified child of #b or more taxpayers for any month1 such individual shall be treated as the specified child only of the taxpayer who is-- 7i7 the parent of the individual 7or1 if such individual would 7but for this paragraph7 be a specified child of #b or more parents of the individual for such month1 the parent of the individual determined under subparagraph 7,b771 7ii7 if the individual is not a specified child of any parent of the individual 7determined without regard to this paragraph71 the specified relative of the individual with the highest adjusted gross income for the taxable year which includes such month1 or 7iii7 if the individual is neither a specified child of any parent of the individual nor a specified child of any specified relative of the individual 7in both cases determined without regard to this paragraph71 the taxpayer with the highest adjusted gross income for the taxable year which includes such month4 7,b7 ,tie-breaker among parents ,if any individual would 7but for this paragraph7 be the specified child of #b or more parents of the individual for any month1 such child shall be treated only as the specified child of-- 7i7 the parent with whom the child resided for the longest period of time during such month1 or 7ii7 if the child resides with both parents for the same amount of time during such month1 the parent with the highest adjusted gross income for the taxable year which includes such month4 7,c7 ,specified relative ,for purposes of this paragraph1 the term specified relative means an individual who is-- 7i7 an ancestor of a parent of the specified child1 7ii7 a brother or sister of a parent of the specified child1 or 7iii7 a brother1 sister1 stepbrother1 or stepsister of the specified child4 7,d7 ,certain parents or specified relatives not taken into account ,this paragraph shall be applied without regard to any parent or specified relative of an individual for any month if-- 7i7 such parent or specified relative elects to have such individual not be treated as a specified child of such parent or specified relative for such month1 7ii7 in the case of a parent of such individual1 the adjusted gross income of the taxpayer 7with respect to whom such individual would be treated as a specified child after application of this subparagraph7 for the taxable year which includes such month is higher than the highest adjusted gross income of any parent of the individual for any taxable year which includes such month 7determined without regard to any parent with respect to whom such individual is not a specified child1 determined without regard to subparagraphs 7,a7 and 7,b7 and after application of this subparagraph71 and 7iii7 in the case of a specified relative of such individual1 the adjusted gross income of the taxpayer 7with respect to whom such individual would be treated as a specified child after application of this subparagraph7 for the taxable year which includes such month is higher than the highest adjusted gross income of any parent and any specified relative of the individual for any taxable year which includes such month 7determined without regard to any parent and any specified relative with respect to whom such individual is not a specified child1 determined without regard to subparagraphs 7,a7 and 7,b7 and after application of this subparagraph74 7,e7 ,treatment of joint returns ,for purposes of this paragraph1 with respect to any month1 the adjusted gross income of each person who files a joint return for the taxable year which includes such month is the total adjusted gross income shown on the joint return for the taxable year4 7,f7 ,parent ,except as otherwise provided by the ,secretary1 the term parent shall have the same meaning as when used in section #aeb7;c77#d74 7#e7 ,treatment of temporary absences ,except as provided in regulations or other guidance issued by the ,secretary1 for purposes of this subsection-- 7,a7 ,in general ,in the case of any individual's temporary absence from such individual's principal place of abode1 each day composing the temporary absence shall-- 7i7 be treated as a day at such individual's principal place of abode1 7ii7 be treated as satisfying the care requirement described in paragraph 7#a77;,c7 for each day described in clause 7i71 and 7iii7 not be treated as a day at any other location4 7,b7 ,temporary absence ,for purposes of subparagraph 7,a71 an absence shall be treated as temporary if-- 7i7 the individual would have resided at the place of abode but for the absence1 and 7ii7 under the facts and circumstances1 it is reasonable to assume that the individual will return to reside at the place of abode4 7#f7 ,special rule for divorced parents1 etc ,rules similar to the rules section #aeb7;e7 shall apply for purposes of this subsection4 7#g7 ,eligibility determined on basis of presumptive eligibility 7,a7 ,in general ,if a period of presumptive eligibility is established under section #gebg;,b7c7 for any individual with respect to any taxpayer-- 7i7 such individual shall be treated as the specified child of such taxpayer for any month in such period of presumptive eligibility1 and 7ii7 such individual shall not be treated as the specified child of any other taxpayer with respect to whom a period of presumptive eligibility has not been established for any such month4 7,b7 ,ability of credit claimants to establish presumptive eligibility ,nothing in section #gebg;,b7c7 shall be interpreted to preclude a taxpayer from establishing a period of presumptive eligibility 7including any such period described in section #gebg;,b7c77#b77;,d77 with respect to any specified child for purposes of this section solely because such taxpayer affirmatively elects not to receive monthly advance child payments under section #gebg;,b4 7d7 ,credit refundable ,if the taxpayer 7in the case of a joint return1 either spouse7 has a principal place of abode 7determined as provided in section #cb7 in the ,united ,states or ,puerto ,rico for more than one-half of any calendar month during the taxable year1 so much of the credit otherwise allowed under subsection 7a7 as is attributable to monthly specified child allowances with respect to any such calendar month shall be allowed under subpart ,c 7and not allowed under this subpart74 7e7 ,identification requirements 7#a7 ,qualifying child identification requirement ,no credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return4 7#b7 ,taxpayer identification requirement ,no credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year4 7f7 ,restrictions on taxpayers who improperly claimed credit or improperly received monthly advance child payment 7#a7 ,taxpayers making prior fraudulent or reckless claims 7,a7 ,in general ,no credit shall be allowed under this section for any taxable year 7and no payment shall be made under section #gebg;,b for any month7 in the disallowance period4 7,b7 ,disallowance period ,for purposes of subparagraph 7,a71 the disallowance period is-- 7i7 the period of #aj taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section or section #bd 7or payment received under section #gebg;,a or #gebg;,b7 was due to fraud1 7ii7 the period of #b taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section or section #bd 7or payment received under section #gebg;,a or #gebg;,b7 was due to reckless or intentional disregard of rules and regulations 7but not due to fraud71 and 7iii7 in addition to any period determined under clause 7i7 or 7ii7 7as the case may be71 the period beginning on the date of the final determination described in such clause and ending with the beginning of the period described in such clause4 7#b7 ,taxpayers making improper prior claims ,in the case of a taxpayer who is denied credit under this section or section #bd for any taxable year as a result of the deficiency procedures under subchapter ,b of chapter #fc1 no credit shall be allowed under this section for any subsequent taxable year 7and no payment shall be made under section #gebg;,b for any subsequent month7 unless the taxpayer provides such information as the ,secretary may require to demonstrate eligibility for such credit4 7#c7 ,coordination with possessions of the ,united ,states ,for purposes of this subsection1 a taxpayer's claim of credit under this section or section #bd 7or payment received under section #gebg;,a or section #gebg;,b7 includes a claim of credit under this section or section #bd of the income tax law of any jurisdiction other than the ,united ,states 7or similar payment received under section #gebg;,a or section #gebg;,b of such income tax law71 and a claim made or a payment received from ,american ,samoa pursuant to a plan described in subsection 7i77#c77;,b7 or section #bd7k77#c77;,b74 7g7 ,reconciliation of credit and monthly advance child payments 7#a7 ,in general ,the amount otherwise determined under subsection 7a7 with respect to any taxpayer for any taxable year shall be reduced 7but not below zero7 by the aggregate amount of payments made under section #gebg;,b to such taxpayer for one or more calendar months in such taxable year4 ,any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section #fbac7;b77#a74 7#b7 ,recapture of excess advance payments in certain circumstances ,in the case of a taxpayer described in paragraph 7#c7 for any taxable year1 the tax imposed by this chapter for such taxable year shall be increased by the excess 7if any7 of-- 7,a7 the aggregate amount of payments made to the taxpayer under section #gebg;,b for one or more calendar months in such taxable year1 over 7,b7 the amount determined under subsection 7a7 with respect to the taxpayer for such taxable year 7without regard to paragraph 7#a7 of this subsection74 7#c7 ,taxpayers subject to recapture 7,a7 ,fraud or reckless or intentional disregard of rules and regulations ,a taxpayer is described in this paragraph with respect to any taxable year if the ,secretary determines that the amount described in paragraph 7#b77;,a7 with respect to the taxpayer for such taxable year was determined on the basis of fraud or a reckless or intentional disregard of rules and regulations4 7,b7 ,understatement of income2 changes in filing status ,if the amount described in paragraph 7#b77;,a7 with respect to the taxpayer for the taxable year was determined on the basis of an amount of the taxpayer's modified adjusted gross income which was less than the taxpayer's modified adjusted gross income for the applicable taxable year 7as defined in subsection 7b77-- 7i7 such taxpayer shall be treated as described in this paragraph1 and 7ii7 the increase determined under paragraph 7#b7 by reason of this subparagraph shall not exceed the excess of-- 7,i7 the amount described in paragraph 7#b77;,a71 over 7,,ii7 the amount which would be so described if the payments described therein had been determined on the basis of the taxpayer's modified adjusted gross income for the applicable taxable year 7as defined in subsection 7b774 ,a rule similar to the rule of the preceding sentence shall apply if the amount described in paragraph 7#b77;,a7 with respect to the taxpayer for the taxable year was determined on the basis of a filing status of the taxpayer which differs from the taxpayer's filing status for the applicable taxable year 7as so defined74 7,c7 ,payments made outside of period of presumptive eligibility ,if any payment described in paragraph 7#b77;,a7 with respect to the taxpayer for the taxable year was made with respect to a child for a month which was not part of a period of presumptive eligibility established under section #gebg;,b7c7 for such child with respect to such taxpayer-- 7i7 such taxpayer shall be treated as described in this paragraph1 and 7ii7 the increase determined under paragraph 7#b7 by reason of this subparagraph shall not exceed the portion of such payment so made4 7,d7 ,certain payments made after notice from ,secretary ,if the ,secretary notifies a taxpayer under section #gebg;,b7j77#b7 that such taxpayer is subject to recapture with respect to any payments-- 7i7 such taxpayer shall be treated as described in this paragraph1 and 7ii7 the increase determined under paragraph 7#b7 by reason of this subparagraph shall not exceed the aggregate amount of such payments4 7,e7 ,taxpayers moving to another jurisdiction ,to minimize the amount of advance payments made under section #gebg;,b to ineligible individuals1 the ,secretary shall issue regulations or other guidance for purposes of this paragraph which apply with respect to taxpayers who are described in section #gebg;,b7b77#d7 with respect to the reference month but are not so described with respect to one or more months during the taxable year for which advance payments under section #gebg;,b are made4 7,f7 ,other circumstances to prevent abuse ,a taxpayer is described in this paragraph with respect to any taxable year pursuant to regulations or other guidance of the ,secretary describing other recapture circumstances to facilitate the administration and enforcement by the ,secretary of section #gebg;,b to minimize the amount of advance payments made under section #gebg;,b to ineligible individuals and to prevent abuse4 7#d7 ,joint returns ,except as otherwise provided by the ,secretary1 in the case of an advance payment made under section #gebg;,b with respect to a joint return1 half of such payment shall be treated as having been made to each individual filing such return4 7#e7 ,coordination with possessions of the ,united ,states ,for purposes of this subsection1 payments made under section #gebg;,b include payments made by any jurisdiction other than the ,united ,states under section #gebg;,b of the income tax law of such jurisdiction1 and advance payments made by ,american ,samoa pursuant to a plan described in subsection 7h77#c77;,b74 ,any increase in tax imposed on a taxpayer by reason of paragraph 7#b7 of the income tax law of a jurisdiction other than the ,united ,states shall be considered to reduce the aggregate amount of payments made to such taxpayer by such jurisdiction4 ,in carrying out this section1 the ,secretary shall coordinate with each possession of the ,united ,states to prevent any application of this paragraph that is inconsistent with the purposes of this subsection4 7h7 ,application of credit in possessions 7#a7 ,mirror code possessions 7,a7 ,in general ,the ,secretary shall pay to each possession of the ,united ,states with a mirror code tax system amounts equal to the loss 7if any7 to that possession by reason of the application of this section 7determined without regard to this subsection7 with respect to taxable years beginning in calendar years after #bjbe4 ,such amounts shall be determined by the ,secretary based on information provided by the government of the respective possession4 7,b7 ,coordination with credit allowed against ,united ,states income taxes ,no credit shall be allowed under this section for any taxable year to any individual to whom a credit is allowable against taxes imposed by a possession of the ,united ,states with a mirror code tax system by reason of the application of this section in such possession for such taxable year4 7,c7 ,mirror code tax system ,for purposes of this paragraph1 the term mirror code tax system means1 with respect to any possession of the ,united ,states1 the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the ,united ,states as if such possession were the ,united ,states4 7#b7 ,cross references related to application of credit to residents of ,puerto ,rico 7,a7 ,for application of refundable credit to residents of ,puerto ,rico1 see subsection 7d74 7,b7 ,for application of advance payment to residents of ,puerto ,rico1 see section #gebg;,b7b77#d74 7#c7 ,american ,samoa 7,a7 ,in general ,the ,secretary shall pay to ,american ,samoa amounts estimated by the ,secretary as being equal to the aggregate benefits that would have been provided to residents of ,american ,samoa by reason of the application of this section for taxable years beginning in calendar years after #bjbe if the provisions of this section had been in effect in ,american ,samoa 7applied as if ,american ,samoa were the ,united ,states and without regard to the application of this section to residents of ,puerto ,rico under subsection 7d774 7,b7 ,distribution requirement ,subparagraph 7,a7 shall not apply unless ,american ,samoa has a plan1 which has been approved by the ,secretary1 under which ,american ,samoa will promptly distribute such payments to its residents4 7,c7 ,coordination with credit allowed against ,united ,states income taxes 7i7 ,in general ,in the case of a taxable year with respect to which a plan is approved under subparagraph 7,b71 this section 7other than this subsection7 shall not apply to any individual eligible for a distribution under such plan4 7ii7 ,application of section in event of absence of approved plan ,in the case of a taxable year with respect to which a plan is not approved under subparagraph 7,b71 subsection 7d7 shall be applied by substituting 1 ,puerto ,rico1 or ,american ,samoa for or ,puerto ,rico4 7#d7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7i7 ,regulations ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary or appropriate to carry out the purposes of this section1 including regulations or other guidance-- 7#a7 for determining whether an individual receives care from a taxpayer for purposes of subsection 7c77#a71 and 7#b7 to coordinate or modify the application of this section and sections #bd1 #gebg;,a1 and #gebg;,b in the case of any taxpayer-- 7,a7 whose taxable year is other than a calendar year1 7,b7 whose filing status for a taxable year is different from the status used for determining one or more monthly payments under section #gebg;,b during such taxable year1 or 7,c7 whose principal place of abode for any month is different from the principal place of abode used for determining the monthly payment under section #gebg;,b for such month4 #bd;,b4 ,credit for certain other dependents 7a7 ,in general ,there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to #ejj with respect to each specified dependent of such taxpayer for such taxable year4 7b7 ,limitation based on modified adjusted gross income 7#a7 ,in general ,the amount of the credit allowable under subsection 7a7 shall be reduced 7but not below zero7 by #ej for each #a1jjj 7or fraction thereof7 by which the taxpayer's modified adjusted gross income exceeds the threshold amount4 7#b7 ,threshold amount ,for purposes of this subsection1 the term threshold amount means-- 7,a7 #djj1jjj1 in the case of a joint return or surviving spouse 7as defined in section #b7;a771 7,b7 #cjj1jjj1 in the case of a head of household 7as defined in section #b7;b771 and 7,c7 #bjj1jjj1 in any other case4 7#c7 ,modified adjusted gross income ,for purposes of this subsection1 the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section #iaa1 #ica1 or #icc4 7c7 ,specified dependent ,for purposes of this section1 the term specified dependent means1 with respect to any taxpayer for any taxable year1 any dependent of such taxpayer for such taxable year unless such dependent-- 7#a7 is a specified child of the taxpayer1 or any other taxpayer1 for any month during such taxable year1 or 7#b7 would not be a dependent if subparagraph 7,a7 of section #aeb7;b77#c7 were applied without regard to all that follows resident of the ,united ,states4 7d7 ,identification requirements ,rules similar to the rules of section #bd;,a7e7 shall apply for purposes of this section4 7e7 ,taxable year must be full taxable year ,except in the case of a taxable year closed by reason of the death of the taxpayer1 no credit shall be allowable under this section in the case of a taxable year covering a period of less than #ab months4 7f7 ,regulations ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary or appropriate to carry out the purposes of this section4 4 7b7 ,monthly payment of child tax credit ,chapter #gg of such ,code is amended by inserting after section #gebg;,a the following new section3 #gebg;,b4 ,monthly payments of child tax credit 7a7 ,in general ,the ,secretary shall establish a program for making payments to taxpayers with respect to each calendar month equal to the monthly advance child payment determined with respect to such taxpayer for such month4 7b7 ,monthly advance child payment ,for purposes of this section and except as otherwise provided in this section1 the term monthly advance child payment means1 with respect to any taxpayer for any calendar month1 the amount 7if any7 which is estimated by the ,secretary as being equal to the monthly specified child allowance which would be determined under section #bd;,a7b7 with respect to such taxpayer for such calendar month if-- 7#a7 unless determined by the ,secretary based on any information known to the ,secretary1 the only specified children of such taxpayer for such calendar month are the specified children of such taxpayer for the reference month1 7#b7 unless determined by the ,secretary based on any information known to the ,secretary1 the ages of such children 7and the status of such children as specified children7 are determined for such calendar month by taking into account the passage of time since such reference month1 7#c7 the limitations of section #bd;,a7b77#b7 were applied with respect to the reference taxable year rather than with respect to the applicable taxable year1 and 7#d7 unless determined by the ,secretary based on any information known to the ,secretary1 no monthly specified child allowance were determined with respect to such taxpayer for such calendar month unless the taxpayer 7in the case of a joint return1 either spouse7 has a principal place of abode 7determined as provided in section #cb7 in the ,united ,states or ,puerto ,rico for more than one-half of the reference month4 7c7 ,presumptive eligibility 7#a7 ,in general ,an individual shall be treated as a specified child of a taxpayer for purposes of determining any monthly advance child payment under this section only if such month is part of the period of presumptive eligibility determined by the ,secretary under this subsection with respect to such specified child and such taxpayer 7determined by treating the month described in subclause 7,i7 of paragraph 7#b77;,a77ii7 as being the first month beginning after the determination described in such subclause74 7#b7 ,period of presumptive eligibility ,for purposes of this section-- 7,a7 ,in general ,except as otherwise provided by the ,secretary1 the term period of presumptive eligibility means the period-- 7i7 beginning with the month for which presumptive eligibility is established1 and 7ii7 ending with the earliest of-- 7,i7 the beginning of the month described in clause 7i7 if the ,secretary determines that the taxpayer committed fraud or intentionally disregarded rules or regulations in establishing or maintaining presumptive eligibility1 7,,ii7 in the case of any notification from the ,secretary that the period of presumptive eligibility has been terminated or suspended by reason of any question regarding eligibility of the taxpayer for monthly advance child payments with respect to such child1 the month specified in such notice as the month on which such termination or suspension begins1 and 7,,iii7 the month following any failure of the taxpayer to make the required annual renewal of presumptive eligibility by such date as the ,secretary may provide4 7,b7 ,establishing presumptive eligibility ,a taxpayer shall establish presumptive eligibility with respect to any specified child for any month at such time and in such manner as the ,secretary may provide4 ,except as otherwise provided by the ,secretary1 in order to establish a period of presumptive eligibility the taxpayer must express a reasonable expectation and intent that the taxpayer will continue to be eligible with respect to such specified child for at least the two months following the month for which presumptive eligibility is to be established4 7,c7 ,method of establishing presumptive eligibility ,the ,secretary shall ensure information to establish presumptive eligibility under this paragraph may be provided on the return of tax for the taxable year ending before the calendar year which includes the month for which such eligibility is to be established1 through the on-line portal described in subsection 7e71 or in such other manner as the ,secretary may provide4 7,d7 ,inclusion of automatic grace periods and periods of hardship ,the period of presumptive eligibility shall include any period to which paragraph 7#a7 or 7#b7 of subsection 7g7 applies4 7,e7 ,automatic eligibility for birth of child ,the ,secretary shall issue regulations or other guidance to establish procedures pursuant to which1 to the maximum extent administratively practicable-- 7i7 a parent of a child born during a calendar month shall be treated as automatically establishing presumptive eligibility with respect to such child1 7ii7 the period of such automatic presumptive eligibility is determined1 and 7iii7 the first monthly advance child payment with respect to such child is increased to properly take into account the months in the period of such automatic presumptive eligibility which precede such payment4 7,f7 ,presumptive eligibility based on certain government programs ,the ,secretary shall issue regulations or other guidance to establish procedures under which-- 7i7 based on information provided to the ,secretary by one or more government entities1 a parent or specified relative of a child is treated as automatically establishing presumptive eligibility with respect to such child1 and 7ii7 the period for which such automatic presumptive eligibility is determined 7including any additional circumstances under which such period will terminate74 7,g7 ,coordination with presumption ,for purposes of determining the status of any individual as a specified child for purposes of determining presumptive eligibility with respect to any period1 section #bd;,a7c7 shall be applied without regard to paragraph 7#g7 thereof4 7#c7 ,notice of termination of presumptive eligibility by reason of failure to make annual renewal ,if a taxpayer's period of presumptive eligibility with respect to any specified child terminates by reason of paragraph 7#b77;,a77ii77,,iii71 the ,secretary shall provide the taxpayer a written notice of such termination4 7d7 ,determination of reference month and reference taxable year ,for purposes of this section-- 7#a7 ,reference month ,the term reference month means1 with respect to any taxpayer for any calendar month1 the most recent of-- 7,a7 in the case of a taxpayer who filed a return of tax for the last taxable year ending before such calendar month1 the last month of such taxable year1 7,b7 in the case of a taxpayer who filed a return of tax for the taxable year preceding the taxable year described in subparagraph 7,a71 the last month of such preceding taxable year1 and 7,c7 in the case of a taxpayer who provides1 through a specified alternative mechanism1 information which is sufficient to estimate the taxpayer's monthly advance child payment for such month4 7#b7 ,reference taxable year ,the term reference taxable year means1 with respect to any taxpayer for any calendar month1 the most recent of-- 7,a7 the taxable year described in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 or 7,b7 in the case of a taxpayer who provides1 through a specified alternative mechanism1 information which is sufficient to estimate the taxpayer's modified adjusted gross income for the taxable year which includes such month1 such taxable year4 7#c7 ,availability of information ,any month or year referred to in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 or subparagraph 7,a7 or 7,b7 of paragraph 7#b7 shall not be taken into account in determining the reference month or reference taxable year with respect to any calendar month unless all relevant information with respect to such month or year is available to the ,secretary and the ,secretary has adequate time to make estimates under this section on the basis of such information before the beginning of such calendar month4 7#d7 ,treatment of insufficient information ,except as otherwise provided by the ,secretary-- 7,a7 if a taxpayer is not described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 with respect to any calendar month1 the monthly advance child payment with respect to such taxpayer for such calendar month shall be treated as zero unless the ,secretary determines that the ,secretary can make the estimate described in subsection 7b7 on the basis of information known to the ,secretary which the ,secretary determines is reasonably reliable1 and 7,b7 if the taxpayer is not described in paragraph 7#a77;,c7 and the information on the return of tax referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 does not establish the status of the taxpayer 7in the case of a joint return1 either spouse7 as having a principal place of abode 7determined as provided in section #cb7 in the ,united ,states or ,puerto ,rico for more than one-half of the reference month1 the ,secretary shall determine such status based on information known to the ,secretary4 7#e7 ,transition rule ,in any case with respect to which section #bd;,a was not in effect for the taxable year described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 7whichever is applicable71 subsection 7b77#a7 shall be applied by substituting the qualifying children of such taxpayer for the taxable year which includes the reference month for the specified children of such taxpayer for the reference month4 7e7 ,on-,line information portal2 specified alternative mechanisms 7#a7 ,on-line information portal ,the ,secretary shall establish an on-line portal which allows taxpayers to-- 7,a7 subject to such restrictions as the ,secretary may provide1 elect to begin or cease receiving payments under this section1 and 7,b7 provide information to the ,secretary which is relevant in determining the monthly advance child payment and the taxpayer's eligibility for such payment1 including information regarding-- 7i7 the number of the taxpayer's specified children1 including by reason of the birth of a child1 7ii7 the taxpayer's marital status1 7iii7 the taxpayer's modified adjusted gross income1 7iv7 the taxpayer's principal place of abode1 and 7v7 any other factor which the ,secretary may provide4 7#b7 ,specified alternative mechanism ,for purposes of this section1 the term specified alternative mechanism means the on-line portal established under paragraph 7#a71 the on-line portal established under section #gebg;,a1 and any other mechanism or method established by the ,secretary to allow taxpayers to provide the information described in paragraph 7#a7 7including in connection with the filing of any return of tax74 7#c7 ,availability in multiple languages ,the ,secretary shall ensure that the on-line portal described in paragraph 7#a7 is available in multiple languages4 7f7 ,specified child of more than #a taxpayer 7#a7 ,in general ,in the event that 7without regard to this paragraph7 a period of presumptive eligibility with respect to the same specified child would exist for more than #a taxpayer at the same time-- 7,a7 except as otherwise provided in this section or by the ,secretary1 a period of presumptive eligibility shall exist only respect to the taxpayer with the most recent reference month1 7,b7 the ,secretary shall establish procedures under which the ,secretary expeditiously adjudicates taxpayers' competing claims of presumptive eligibility with respect to the same child1 and 7,c7 the ,secretary shall notify any taxpayer of the termination of a period of presumptive eligibility pursuant to this subsection4 7#b7 ,provisions related to adjudication 7,a7 ,expedited process2 appeals ,the procedures established under paragraph 7#a77;,b7 shall include-- 7i7 an expedited process for taxpayers who meet such requirements as the ,secretary may establish for such expedited process1 and 7ii7 procedures for adjudicating an appeal of an adverse decision4 7,b7 ,information receipt and coordination ,the ,secretary may enter into agreements to receive information from1 and otherwise coordinate with-- 7i7 ,federal agencies 7including the ,social ,security ,administration and the ,department of ,agriculture71 7ii7 any ,state1 local government1 ,tribal government1 or possession of the ,united ,states1 and 7iii7 any other individual or entity that the ,secretary determines to be appropriate for purposes of adjudicating a competing claim described in paragraph 7#a74 7,c7 ,adjudication not treated as assessment ,an adjudication under the procedures established under paragraph 7#a77;,b7 7including the adjudication of any appeal7 shall not be treated as an assessment described in section #fbja4 7,d7 ,adjudication not treated as inspection of taxpayer's books of account ,the inspection of a taxpayer's books of account in connection with any adjudication under the procedures established under paragraph 7#a77;,b7 7including the adjudication of any appeal7 shall not be treated as an examination or inspection of a taxpayer's books of account for purposes of section #gfje7;b74 7#c7 ,retroactive payments ,if1 pursuant to the procedures established under paragraph 7#a77;,b71 the ,secretary determines that a child is a specified child of a taxpayer and the ,secretary did not make payments to such taxpayer with respect to such child for any portion of the period during which the determination was made1 the ,secretary may make a one-time payment to the taxpayer with respect to which such child is the specified child in an amount equal to the aggregate amount by which the monthly advance child payments to such taxpayer would have increased during such period if such determination had been made immediately4 7#d7 ,recapture of payments ,if1 pursuant to the procedures established under paragraph 7#a77;,b71 the ,secretary makes payments with respect to the child during the period during which the determination is made-- 7,a7 the ,secretary shall provide each taxpayer which receives such payments notice that such payments may be subject to recapture1 and 7,b7 upon making such determination1 the ,secretary shall determine on the basis of the facts and circumstances of each such taxpayer whether any such payments should be subject to recapture and shall so notify each such taxpayer4 7g7 ,rules related to grace periods and hardships 7#a7 ,automatic grace period 7,a7 ,in general ,notwithstanding subsection 7f71 in the case of any failure or delay in establishing a period of presumptive eligibility with respect to which the taxpayer elects the application of this subparagraph1 credit under section #bd;,a or retroactive payment under this section 7similar to the payment described in subsection 7f77#c77 shall be allowed or made with respect to so much of the period of such failure or delay as does not exceed #c months4 ,the preceding sentence shall not apply if the ,secretary determines that such failure or delay was due to fraud or reckless or intentional disregard of rules and regulations4 7,b7 ,limitation ,subparagraph 7,a7 shall not apply with respect to any taxpayer more than once during any #cf-month period4 7#b7 ,hardship ,notwithstanding subsection 7f71 if the ,secretary determines that a failure or delay in establishing a period of presumptive eligibility with respect to any specified child was due to domestic violence1 serious illness1 natural disaster1 or any other hardship1 credit under section #bd;,a or retroactive payment under this section 7similar to the payment described in subsection 7f77#c77 shall be allowed or made with respect to so much of the period of such failure or delay as does not exceed #f months4 7h7 ,provisions related to form1 manner1 and treatment of payments 7#a7 ,application of electronic funds payment requirement ,the payments made by the ,secretary under subsection 7a7 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 title4 7#b7 ,delivery of payments ,notwithstanding any other provision of law1 the ,secretary may certify and disburse refunds payable under this section electronically to-- 7,a7 any account to which the payee authorized1 on or after ,january #a1 #bjbe1 the delivery of a refund of taxes under this title or of a ,federal payment 7as defined in section #cccb of title #ca1 ,united ,states ,code71 7,b7 any account belonging to a payee from which that individual1 on or after ,january #a1 #bjbe1 made a payment of taxes under this title1 or 7,c7 any ,treasury-sponsored account 7as defined in section #bjh4b of title #ca1 ,code of ,federal ,regulations74 7#c7 ,waiver of certain rules ,notwithstanding section #ccbe of title #ca1 ,united ,states ,code1 or any other provision of law1 with respect to any payment of a refund under this section1 a disbursing official in the executive branch of the ,united ,states ,government may modify payment information received from an officer or employee described in section #ccbe7;a77#a77;,b7 of such title for the purpose of facilitating the accurate and efficient delivery of such payment4 ,except in cases of fraud or reckless neglect1 no liability under section #ccbe1 #cebg1 #cebh1 or #cebi of title #ca1 ,united ,states ,code1 shall be imposed with respect to payments made under this paragraph4 7#d7 ,exception from reduction or offset ,any applicable payment 7as defined in paragraph 7#e77;,e77iii77 shall not be-- 7,a7 subject to reduction or offset pursuant to section #cgaf or #cgbj;,a of title #ca1 ,united ,states ,code1 7,b7 subject to reduction or offset pursuant to subsection 7c71 7d71 7e71 or 7f7 of section #fdjb1 or 7,c7 reduced or offset by other assessed ,federal taxes that would otherwise be subject to levy or collection4 7#e7 ,assignment of benefits 7,a7 ,in general ,the right of any person to any applicable payment shall not be transferable or assignable1 at law or in equity1 and no applicable payment shall be subject to1 execution1 levy1 attachment1 garnishment1 or other legal process1 or the operation of any bankruptcy or insolvency law4 7,b7 ,encoding of payments ,in the case of an applicable payment described in subparagraph 7,e77iii77,i7 that is paid electronically by direct deposit through the ,automated ,clearing ,house 7,,ach7 network1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall-- 7i7 issue the payment using a unique identifier that is reasonably sufficient to allow a financial institution to identify the payment as an applicable payment1 and 7ii7 further encode the payment pursuant to the same specifications as required for a benefit payment defined in section #bab4c of title #ca1 ,code of ,federal ,regulations4 7,c7 ,garnishment 7i7 ,encoded payments ,in the case of a garnishment order that applies to an account that has received an applicable payment that is encoded as provided in subparagraph 7,b71 a financial institution shall follow the requirements and procedures set forth in part #bab of title #ca1 ,code of ,federal ,regulations1 except-- 7,i7 notwithstanding section #bab4d of title #ca1 ,code of ,federal ,regulations 7and except as provided in subclause 7,,ii771 a financial institution shall not fail to follow the procedures of sections #bab4e and #bab4f of such title with respect to a garnishment order merely because such order has attached1 or includes1 a notice of right to garnish federal benefits issued by a ,state child support enforcement agency1 and 7,,ii7 a financial institution shall not1 with regard to any applicable payment1 be required to provide the notice referenced in sections #bab4f and #bab4g of title #ca1 ,code of ,federal ,regulations4 7ii7 ,other payments ,in the case of a garnishment order 7other than an order that has been served by the ,united ,states7 that has been received by a financial institution and that applies to an account into which an applicable payment that has not been encoded as provided in subparagraph 7,b7 has been deposited electronically on any date during the lookback period or into which an applicable payment that has been deposited by check on any date in the lookback period1 the financial institution1 upon the request of the account holder1 shall treat the amount of the funds in the account at the time of the request1 up to the amount of the applicable payment 7in addition to any amounts otherwise protected under part #bab of title #ca1 ,code of ,federal ,regulations71 as exempt from a garnishment order without requiring the consent of the party serving the garnishment order or the judgment creditor4 7iii7 ,liability ,a financial institution that acts in good faith in reliance on clauses 7i7 or 7ii7 shall not be subject to liability or regulatory action under any ,federal or ,state law1 regulation1 court or other order1 or regulatory interpretation for actions concerning any applicable payments4 7,d7 ,no reclamation rights ,this paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the ,department of the ,treasury or the ,internal ,revenue ,service as per part #baj of title #ca1 ,code of ,federal ,regulations4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,account holder ,the term account holder means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account4 7ii7 ,account review ,the term account review means the process of examining deposits in an account to determine if an applicable payment has been deposited into the account during the lookback period4 ,the financial institution shall perform the account review following the procedures outlined in section #bab4e of title #ca1 ,code of ,federal ,regulations and in accordance with the requirements of section #bab4f of title #ca1 ,code of ,federal ,regulations4 7iii7 ,applicable payment ,the term applicable payment means-- 7,i7 any payment made to an individual under this section 7other than any payment made pursuant to paragraph 7#f771 7,,ii7 any advance payment made by a possession of the ,united ,states with a mirror code tax system 7as defined in section #bd7;h77 pursuant to an election under paragraph 7#f77;,b7 which corresponds to a payment described in subclause 7,i71 and 7,,iii7 any advance payment made by ,american ,samoa pursuant to a program for making such payments which is described in paragraph 7#f77;,c77ii74 7iv7 ,garnishment ,the term garnishment means execution1 levy1 attachment1 garnishment1 or other legal process4 7v7 ,garnishment order ,the term garnishment order means a writ1 order1 notice1 summons1 judgment1 levy1 or similar written instruction issued by a court1 a ,state or ,state agency1 a municipality or municipal corporation1 or a ,state child support enforcement agency1 including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account1 to effect a garnishment against a debtor4 7vi7 ,lookback period ,the term lookback period means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier1 or on the last date of the month two months earlier if the corresponding date does not exist4 7#f7 ,application of advance payments in the possessions of the united states 7,a7 ,puerto ,rico 7i7 ,for application of child tax credit to residents of ,puerto ,rico1 see section #bd;,a7d74 7ii7 ,for application of monthly advance child payments to residents of ,puerto ,rico1 see subsection 7b77#d74 7,b7 ,mirror code possessions ,in the case of any possession of the ,united ,states with a mirror code tax system 7as defined in section #bd;,a7h77#a77;,c771 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 treated4 7,c7 ,administrative expenses of advance payments 7i7 ,mirror code possessions ,in the case of any possession described in subparagraph 7,b7 which makes the election described in such subparagraph1 the amount otherwise paid by the ,secretary to such possession under section #bd;,a7h77#a77;,a7 with respect to taxable years beginning in #bjbf1 #bjbg1 and #bjbh shall each be increased by #cjj1jjj if such possession has a plan1 which has been approved by the ,secretary1 for making monthly advance child payments consistent with such election4 7ii7 ,american ,samoa ,the amount otherwise paid by the ,secretary to ,american ,samoa under subparagraph 7,a7 of section #bd;,a7h77#c7 with respect to taxable years beginning in #bjbf1 #bjbg1 and #bjbh shall each be increased by #cjj1jjj if the plan described in subparagraph 7,b7 of such section includes a program1 which has been approved by the ,secretary1 for making monthly advance child payments under rules similar to the rules of this section4 7iii7 ,timing of payment ,the ,secretary may pay1 upon the request of the possession of the ,united ,states to which the payment is to be made1 the amount of the increase determined under clause 7i7 or 7ii71 respectively1 immediately upon approval of the plan with respect to which such payment relates4 7i7 ,application of certain definitions and rules applicable to child tax credit 7#a7 ,definitions ,except as otherwise provided in this section1 terms used in this section which are also used in section #bd;,a shall have the same respective meanings as when used in section #bd;,a4 7#b7 ,treatment of certain deaths ,a child shall not be taken into account in determining the monthly advance child payment for any calendar month if the death of such child before the end of such month is known to the ,secretary as of date on which the ,secretary estimates such payment4 7#c7 ,identification requirements ,rules similar to the rules which apply under section #bd;,a7e7 shall apply for purposes of this section except that such rules shall apply with respect to the return of tax for the reference taxable year or1 in the case of information provided through a specified alternative mechanism1 with respect to the information provided through such mechanism4 7#d7 ,restrictions on taxpayers who improperly claimed credit or received monthly advance child payments ,for restrictions on taxpayers who improperly claimed credit or received monthly advance child payments1 see section #bd;,a7f74 7j7 ,notice of ,payments 7#a7 ,in general ,not later than ,january #ca of the calendar year following any calendar year during which the ,secretary makes one or more payments to any taxpayer under this section1 the ,secretary shall provide such taxpayer with a written notice which includes-- 7,a7 the taxpayer's taxpayer identity 7as defined in section #fajc7;b77#f771 7,b7 the aggregate amount of such payments made to such taxpayer during such calendar year1 and 7,c7 such other information as the ,secretary determines appropriate4 7#b7 ,certain payments subject to recapture ,in the case of any payments made to a taxpayer which the ,secretary has determined are subject to recapture1 the notice provided under paragraph 7#a7 to such taxpayer shall include the amount of such payments4 7k7 ,notification of certain events ,with respect to any taxpayer receiving monthly advance child payments under this section with respect to any specified child1 the ,secretary shall1 to the maximum extent practicable1 provide reasonable advance notice of each of the following3 7#a7 ,any month with respect to which such monthly advance child payment will increase 7relative to the preceding month7 by reason of an inflation adjustment under section #bd;,a7b77#c77;,a74 7#b7 ,any month with respect to which such monthly advance child payment will be reduced 7relative to the preceding month7 by reason of such child ceasing to be a specified child by reason of attaining age #ah4 7#c7 ,in the case of a taxpayer with a specified child described in section #bd;,a7b77#a77;,a71 any month with respect to which such monthly advance child payment will be reduced by reason of such child attaining age #f4 7l7 ,regulations ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary or appropriate to carry out the purposes of this section4 4 7c7 ,termination of annual child tax credit ,section #bd of such ,code is amended by adding at the end the following new subsection3 7l7 ,termination ,this section shall not apply to 7and no payment shall be made under subsection 7k7 with respect to7 any taxable year beginning after ,december #ca1 #bjbe4 4 7d7 ,disclosure of information relating to advance payment of child tax credit ,section #fajc7;e7 of such ,code is amended by adding at the end the following new paragraph3 7#ab7 ,disclosure of information relating to advance payment of child tax credit 7,a7 ,joint filers ,in the case of an individual to whom the ,secretary makes payments under section #gebg;,a or who is eligible for monthly advance child payments under section #gebg;,b1 if the reference taxable year 7as defined in section #gebg;,a7b77#b7 or #gebg;,b7d77#b71 as the case may be7 that the ,secretary uses to calculate such payments is a year for which the individual filed an income tax return jointly with another individual1 the ,secretary may disclose to such individual any information which is relevant in determining the payment under section #gebg;,a1 or the monthly advance child payment under section #gebg;,b1 and the individual's eligibility for such payment1 including information regarding any of the following3 7i7 ,the number of specified children1 including by reason of the birth of a child4 7ii7 ,the name and ,,tin of specified children4 7iii7 ,marital status4 7iv7 ,modified adjusted gross income4 7v7 ,principal place of abode4 7vi7 ,any other factor which the ,secretary may provide pursuant to section #gebg;,a7c7 or #gebg;,b7e74 7,b7 ,competing claimants ,in the case of an individual who has a competing claim of presumptive eligibility with respect to a specified child under section #gebg;,b7f77#a71 the ,secretary may disclose to such individual return information provided by another individual who has a competing claim of presumptive eligibility with respect to the same specified child in the course of the ,secretary's adjudication of that competing claim1 as well as any other information considered by the ,secretary with respect to that competing claim4 ,such information shall be limited to the items specified in subparagraph 7,a7 and the following3 7i7 ,information received under any agreements or coordination the ,secretary entered into with-- 7,i7 any ,state1 local government1 ,tribal government1 or possession of the ,united ,states1 or 7,,ii7 any other individual or entity that the ,secretary determines to be appropriate for purposes of adjudicating a competing claim4 7ii7 ,information considered by the ,secretary about where and with whom the specified child resided4 7iii7 ,information considered by the ,secretary about expenditures made by the claimants to the extent such payments relate to the competing claim4 4 7e7 ,conforming amendments 7#a7 ,section #bf7;b77#b7 of such ,code is amended by striking and at the end of subparagraph 7,y71 by striking the period at the end of subparagraph 7,z7 and inserting 1 and1 and by adding at the end the following new subparagraph3 7,,aa7 section #bd;,a7g77#b7 7relating to recapture of certain monthly advance child payments74 4 7#b7 ,section #aeb7;f77#f77;,b77ii7 of such ,code is amended to read as follows3 7ii7 the credits under sections #bd1 #bd;,a1 and #bd;,b and the payments under sections #gebg;,a and #gebg;,b1 4 7#c7 ,section #cdjb7;f77#a77;,c7 of such ,code is amended by inserting or section #bd;,a 7determined after application of subsection 7g7 thereof7 after section #bd 7determined after application of subsection 7j7 thereof74 7#d7 ,section #fajc7l77#ac77;,a77v7 of such ,code is amended by insert or section #bd;,a1 as the case may be after section #bd4 7#e7 ,section #fbaa7;b77#d77;,a7 of such ,code is amended by inserting #bd;,a by reason of subsection 7d7 thereof1 after #bd by reason of subsections 7d7 and 7i77#a7 thereof14 7#f7 ,section #fbac7;g77#b77;,i7 of such ,code is amended by inserting or section #bd;,a7e7 7relating to monthly child tax credit7 after section #bd7;e7 7relating to child tax credit74 7#g7 ,section #fbac7;g77#b77,l7 of such ,code is amended by inserting #bd;,a1 after #bd14 7#h7 ,section #fbac7;g77#b77,p7 of such ,code is amended-- 7,a7 by inserting or #bd;,a7f77#b7 after section #bd7;g77#b71 7,b7 by inserting or #bd;,a after under section #bd1 and 7,c7 by striking subsection 7g77#a7 thereof and inserting section #bd7;g77#a7 or section #bd;,a7f77#a71 respectively4 7#i7 ,section #ffie7;g77#b7 of such ,code is amended by inserting #bd;,a1 after #bd14 7#aj7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 by inserting #bd;,a1 after #bd11 and 7,b7 by inserting #gebg;,b1 after #gebg;,a14 7#aa7 ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #bd the following new items3 ,sec4 #bd;,a4 ,monthly child tax credit4,sec4 #bd;,b4 ,credit for certain other dependents4 4 7#ab7 ,the table of sections for chapter #gg of such ,code is amended by inserting after the item relating to section #gebg;,a the following new item3 ,sec4 #gebg;,b4 ,monthly payments of child tax credit4 4 7f7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbe4 7#b7 ,monthly advance child payments ,the amendments made by subsection 7b7 shall apply to calendar months beginning after ,december #ca1 #bjbe4 7#c7 ,information disclosure ,the amendment made by subsection 7d7 shall take effect on the date of the enactment of this ,act4 #f4 ,capital gains rates not applicable to certain high income taxpayers 7a7 ,in general ,section #a7;h77#a7 of the ,internal ,revenue ,code of #aihf is amended by inserting and the taxable income of such taxpayer for such taxable year does not exceed #a1jjj1jjj 7half such amount in the case of a married individual filing a separate return7 after ,if a taxpayer has a net capital gain for any taxable year4 7b7 ,inflation adjustment ,section #a7;h7 of such ,code is amended by adding at the end the following new paragraph3 7#ab7 ,inflation adjustment 7,a7 ,in general ,in the case of any taxable year beginning after #bjbf1 the #a1jjj1jjj amount in paragraph 7#a7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjbe for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,if any increase under subparagraph 7,a7 is not a multiple of #ej1 such dollar amount shall be rounded to the next lowest multiple of #ej4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbe4 #g4 ,increase in rates of certain corporate taxes 7a7 ,corporate income tax rate ,section #aa7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking #ba percent and inserting #bh percent4 7b7 ,rate of tax on repurchase of corporate stock ,section #deja7;a7 of such ,code is amended by striking #a percent and inserting #d percent4 7c7 ,corporate alternative minimum tax rate ,section #ee7;b77#b77;,a77i7 of such ,code is amended to read as follows3 7i7 the sum of-- 7,i7 #ae percent of so much of the adjusted financial statement income 7as defined in section #ef;,a7 as does not exceed #e1jjj1jjj1jjj1 plus 7,,ii7 #be percent of so much of such adjusted financial statement income as exceeds #e1jjj1jjj1jjj1 4 7d7 ,effective dates ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbe4