[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 836 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 836

  To amend the Internal Revenue Code of 1986 to strengthen the earned 
 income tax credit and make permanent certain tax provisions under the 
            American Recovery and Reinvestment Act of 2009.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2013

   Mr. Brown (for himself, Mr. Durbin, Mr. Schumer, Mr. Baucus, Mr. 
  Rockefeller, Mr. Wyden, Ms. Stabenow, Mr. Menendez, Mr. Cardin, Mr. 
  Casey, Mrs. Murray, Mr. Lautenberg, Mrs. Gillibrand, Mr. Cowan, Mr. 
 Whitehouse, Mr. Reed, Ms. Hirono, Mr. Harkin, Mr. Levin, Mrs. Boxer, 
Mr. Blumenthal, Mr. Begich, Mr. Schatz, Ms. Klobuchar, Mr. Franken, Mr. 
 Bennet, Ms. Warren, Mr. Johnson of South Dakota, Mr. Merkley, and Mr. 
    Murphy) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to strengthen the earned 
 income tax credit and make permanent certain tax provisions under the 
            American Recovery and Reinvestment Act of 2009.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working Families Tax Relief Act of 
2013''.

SEC. 2. PERMANENT EXTENSION OF AND MODIFICATIONS TO THE CHILD TAX 
              CREDIT.

    (a) Permanent Extension of Increase in Refundable Portion.--
            (1) In general.--Clause (i) of section 24(d)(1)(B) of the 
        Internal Revenue Code of 1986 is amended by striking 
        ``$10,000'' and inserting ``$3,000''.
            (2) Conforming amendment.--Subsection (d) of section 24 of 
        such Code is amended by striking paragraph (4).
            (3) Elimination of inflation adjustment.--Subsection (d) of 
        section 24 of such Code is amended by striking paragraph (3).
    (b) Inflation Adjustments.--Section 24 of the Internal Revenue Code 
of 1986 is amended by adding at the end the following new subsection:
    ``(g) Inflation Adjustments.--
            ``(1) In general.--In the case of any taxable year 
        beginning in a calendar year after 2012, the $1,000 amount in 
        subsection (a) and each of the dollar amounts in subsection 
        (b)(2) shall each be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined by substituting 
                `calendar year 2011' for `calendar year 1992' in 
                subparagraph (B) thereof.
            ``(2) Rounding.--Any increase determined under the 
        preceding sentence shall be rounded to the nearest multiple of 
        $50.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2012.

SEC. 3. PERMANENT EXTENSION OF MODIFICATIONS TO EARNED INCOME TAX 
              CREDIT.

    (a) Increase in Credit Percentage for Families With 3 or More 
Children.--Paragraph (1) of section 32(b) of the Internal Revenue Code 
of 1986 is amended by striking subparagraphs (B) and (C) and inserting 
the following new subparagraph:
                    ``(B) Increased credit percentage for families with 
                3 or more qualifying children.--In the case of an 
                eligible individual with 3 or more qualifying children, 
                the table in subparagraph (A) shall be applied by 
                substituting `45' for `40' in the second column 
                thereof.''.
    (b) Joint Returns.--
            (1) In general.--Subparagraph (B) of section 32(b)(2) of 
        the Internal Revenue Code of 1986 is amended by striking 
        ``increased by'' and all that follows and inserting ``increased 
        by $5,000.''.
            (2) Inflation adjustments.--Clause (ii) of section 
        32(j)(1)(B) of such Code is amended--
                    (A) by striking ``$3,000'' and inserting 
                ``$5,000'',
                    (B) by striking ``subsection (b)(2)(B)(iii)'' and 
                inserting ``subsection (b)(2)(B)'', and
                    (C) by striking ``calendar year 2007'' and 
                inserting ``calendar year 2008''.
    (c) Conforming Amendment.--Section 32(b)of such Code is amended by 
striking paragraph (3).
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2012.

SEC. 4. STRENGTHENING THE EARNED INCOME TAX CREDIT.

    (a) Increased Credit for Individuals With No Qualifying Children.--
            (1) In general.--The table in subparagraph (A) of section 
        32(b)(2) of the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``$4,220'' in the second column and 
                inserting ``$8,820'', and
                    (B) by striking ``$5,280'' in the last column and 
                inserting ``$10,425''.
            (2) Inflation adjustments.--Subparagraph (B) of section 
        32(j)(1) of the Internal Revenue Code of 1986, as amended by 
        this Act, is amended--
                    (A) in clause (i)--
                            (i) by inserting ``(except as provided in 
                        clause (iii))'' after ``(b)(2)(A)'', and
                            (ii) by striking ``and'' at the end, and
                    (B) by adding at the end the following new clause:
                            ``(iii) in the case of the $8,820 and 
                        $10,4250 amount in the table in subsection 
                        (b)(2)(A), by substituting `calendar year 2012' 
                        for `calendar year 1992' in subparagraph (B) of 
                        such section 1.''.
    (b) Credit Increase and Reduction in Phaseout for Individuals With 
No Children.--The table contained in section 32(b)(1)(A) of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``7.65'' in the second column of the third 
        row and inserting ``15.3'', and
            (2) by striking ``7.65'' in the third column of the third 
        row and inserting ``15.3''.
    (c) Credit Allowed for Certain Childless Individuals Over Age 21.--
Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code 
of 1986 (relating to eligible individual) is amended by striking ``age 
25'' and inserting ``age 21''.
    (d) Effective Dates.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2012.

SEC. 5. SIMPLIFYING THE EARNED INCOME TAX CREDIT.

    (a) Modification of Abandoned Spouse Rule.--
            (1) In general.--Section 32(c)(1) of the Internal Revenue 
        Code of 1986 (relating to eligible individual) is amended by 
        adding at the end the following new paragraph:
                    ``(G) Certain married individuals living apart.--
                For purposes of this section, an individual who--
                            ``(i) is married (within the meaning of 
                        section 7703(a)) and files a separate return 
                        for the taxable year,
                            ``(ii) lives with a qualifying child of the 
                        individual for more than one-half of such 
                        taxable year, and
                            ``(iii)(I) during the last 6 months of such 
                        taxable year, does not have the same principal 
                        place of abode as the individual's spouse, or
                            ``(II) has a legally binding separation 
                        agreement with the individual's spouse and is 
                        not a member of the same household with the 
                        individual's spouse by the end of the taxable 
                        year,
                shall not be considered as married.''.
            (2) Conforming amendments.--
                    (A) The last sentence of section 32(c)(1)(A) of the 
                Internal Revenue Code of 1986 is amended by striking 
                ``section 7703'' and inserting ``section 7703(a)''.
                    (B) Section 32(d) of such Code is amended by 
                striking ``In the case of an individual who is married 
                (within the meaning of section 7703)'' and inserting 
                ``In the case of an individual who is married (within 
                the meaning of section 7703(a)) and is not described in 
                subsection (c)(1)(G)''.
    (b) Elimination of Disqualified Investment Income Test.--
            (1) In general.--Section 32 of the Internal Revenue Code of 
        1986 is amended by striking subsection (i).
            (2) Conforming amendments.--
                    (A) Section 32(j)(1)(B)(i) of such Code, as amended 
                by this Act, is amended--
                            (i) by striking ``subsections'' and 
                        inserting ``subsection'', and
                            (ii) by striking ``and (i)(1)''.
                    (B) Section 32(j)(2) of such Code is amended to 
                read as follows:
            ``(2) Rounding.--If any dollar amount in subsection 
        (b)(2)(A) (after being increased under subparagraph (B) 
        thereof), after being increased under paragraph (1), is not a 
        multiple of $10, such amount shall be rounded to the next 
        nearest multiple of $10.''.
    (c) Simplification of Rules Regarding Presence of Qualifying 
Child.--
            (1) Taxpayer eligible for credit for worker without 
        qualifying child if qualifying child claimed by another member 
        of family.--Section 32(c)(1) of the Internal Revenue Code of 
        1986 (relating to eligible individual), as amended by this Act, 
        is amended by adding at the end the following new paragraph:
                    ``(H) Taxpayer eligible for credit for worker 
                without qualifying child if qualifying child claimed by 
                another member of family.--
                            ``(i) General rule.--Except as provided in 
                        clause (ii), in the case of 2 or more eligible 
                        individuals who may claim for such taxable year 
                        the same individual as a qualifying child, if 
                        such individual is claimed as a qualifying 
                        child by such an eligible individual, then any 
                        other such eligible individual who does not 
                        make such a claim of such child or of any other 
                        qualifying child may be considered an eligible 
                        individual without a qualifying child for 
                        purposes of the credit allowed under this 
                        section for such taxable year.
                            ``(ii) Exception if qualifying child 
                        claimed by parent.--If an individual is claimed 
                        as a qualifying child for any taxable year by 
                        an eligible individual who is a parent of such 
                        child, then no other custodial parent of such 
                        child who does not make such a claim of such 
                        child may be considered an eligible individual 
                        without a qualifying child for purposes of the 
                        credit allowed under this section for such 
                        taxable year.''.
            (2) Taxpayer eligible for credit for worker without 
        qualifying child if qualifying children do not have valid 
        social security number.--Subparagraph (F) of section 32(c)(1) 
        of the Internal Revenue Code of 1986 is amended to read as 
        follows:
                    ``(F) Individuals who do not include tin, etc., of 
                any qualifying child.--In the case of any eligible 
                individual who has one or more qualifying children, if 
                no qualifying child of such individual is taken into 
                account under subsection (b) by reason of paragraph 
                (3)(D), for purposes of the credit allowed under this 
                section, such individual may be considered an eligible 
                individual without a qualifying child.''.
    (d) Effective Dates.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2012.
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