S.Amdt. 3125Senate113th Congress (2013-2015)

S.Amdt. 3125

What it does: Adds TITLE __--OTHER PROVISIONS wherever appropriate
Submitted May 15, 2014

What it changes

1 change to H.R. 3474

Adds a section
  1. Adds TITLE __--OTHER PROVISIONS wherever appropriate

    Adds a title

    Inserted: TITLE __--OTHER PROVISIONS

    Inserted: SEC. _01. ABOVE-THE-LINE DEDUCTION FOR CHILD CARE EXPENSES.

    Inserted: (a) In General.--Part VII of subchapter A of chapter 1 is amended--

    Inserted: (1) by redesignating section 224 as section 225, and

    Inserted: (2) by inserting after section 223 the following new section:

    Inserted: "SEC. 224. CHILD CARE DEDUCTION.

    Inserted: "(a) Allowance of Deduction.--In the case of an individual for which there are 1 or more qualifying children with respect to such individual for the taxable year, there shall be allowed as a deduction an amount equal to the employment-related expenses paid by such individual during the taxable year.

    Inserted: "(b) Dollar Limitations.--The amount allowed as a deduction under subsection (a) with respect to the taxpayer for any taxable year shall not exceed--

    Inserted: "(1) $7,000, if there is 1 qualifying child with respect to the taxpayer for such taxable year, or

    Inserted: "(2) $14,000, if there are 2 or more qualifying children with respect to the taxpayer for such taxable year.

    Inserted: "(c) Definitions and Special Rules.--For purposes of this section--

    Inserted: "(1) Qualifying child.--The term 'qualifying child' means a dependent of the taxpayer (as defined in section 152(a)(1))--

    Show 15 more inserted paragraphs

    Inserted: "(A) who has not attained age 13, or

    Inserted: "(B) who is physically or mentally incapable of caring for himself or herself.

    Inserted: "(2) Employment-related expenses.--The term 'employment-related expenses' has the meaning given such term by section 21(b)(2), applied as if the terms 'qualifying child' and 'qualifying children,' within the meaning of this section, were substituted for the terms 'qualifying individual' and 'qualifying individuals', respectively.

    Inserted: "(3) Special rules.--Rules similar to the rules of paragraphs (1), (2), (3), (4), (5), (6), (9), and (10) of section 21(e) shall apply.

    Inserted: "(d) Denial of Double Benefit.--

    Inserted: "(1) In general.--No deduction shall be allowed under this section for any expense with respect to which a credit is claimed by the taxpayer under section 21.

    Inserted: "(2) Coordination rule.--For coordination with a dependent care assistance program, see section 129(e)(7).

    Inserted: "(e) Termination.--This section shall not apply to any taxable year beginning after December 31, 2015.".

    Inserted: (b) Deduction Allowed Above-the-Line.--Subsection (a) of section 62 is amended by inserting after paragraph (21) the following new paragraph:

    Inserted: "(22) Child care deduction.--The deduction allowed by section 224.".

    Inserted: (c) Conforming Amendment.--Subsection (e) of section 213 is amended by inserting ", or as a deduction under section 224," after "section 21".

    Inserted: (d) Clerical Amendment.--The table of sections for part VII of subchapter A of chapter 1 is amended by striking the item relating to section 224 and by inserting the following new items:

    Inserted: "Sec. 224. Child care deduction.

    Inserted: "Sec. 225. Cross reference.".

    Inserted: (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2014.

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    Original wording

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As printed

SA 3125. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill H.R. 3474, to amend the Internal Revenue Code of 1986 to allow employers to exempt employees with health coverage under TRICARE or the Veterans Administration from being taken into account for purposes of the employer mandate under the Patient Protection and Affordable Care Act; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--OTHER PROVISIONS

SEC. _01. ABOVE-THE-LINE DEDUCTION FOR CHILD CARE EXPENSES.

(a) In General.--Part VII of subchapter A of chapter 1 is amended--

(1) by redesignating section 224 as section 225, and

(2) by inserting after section 223 the following new section:

“SEC. 224. CHILD CARE DEDUCTION.

“(a) Allowance of Deduction.--In the case of an individual for which there are 1 or more qualifying children with respect to such individual for the taxable year, there shall be allowed as a deduction an amount equal to the employment-related expenses paid by such individual during the taxable year.

“(b) Dollar Limitations.--The amount allowed as a deduction under subsection (a) with respect to the taxpayer for any taxable year shall not exceed--

“(1) $7,000, if there is 1 qualifying child with respect to the taxpayer for such taxable year, or

“(2) $14,000, if there are 2 or more qualifying children with respect to the taxpayer for such taxable year.

“(c) Definitions and Special Rules.--For purposes of this section--

“(1) Qualifying child.--The term ‘qualifying child' means a dependent of the taxpayer (as defined in section 152(a)(1))--

“(A) who has not attained age 13, or

“(B) who is physically or mentally incapable of caring for himself or herself.

“(2) Employment-related expenses.--The term ‘employment-related expenses' has the meaning given such term by section 21(b)(2), applied as if the terms ‘qualifying child' and ‘qualifying children,' within the meaning of this section, were substituted for the terms ‘qualifying individual' and ‘qualifying individuals', respectively.

“(3) Special rules.--Rules similar to the rules of paragraphs (1), (2), (3), (4), (5), (6), (9), and (10) of section 21(e) shall apply.

“(d) Denial of Double Benefit.--

“(1) In general.--No deduction shall be allowed under this section for any expense with respect to which a credit is claimed by the taxpayer under section 21.

“(2) Coordination rule.--For coordination with a dependent care assistance program, see section 129(e)(7).

“(e) Termination.--This section shall not apply to any taxable year beginning after December 31, 2015.”.

(b) Deduction Allowed Above-the-Line.--Subsection (a) of section 62 is amended by inserting after paragraph (21) the following new paragraph:

“(22) Child care deduction.--The deduction allowed by section 224.”.

(c) Conforming Amendment.--Subsection (e) of section 213 is amended by inserting “, or as a deduction under section 224,” after “section 21”.

(d) Clerical Amendment.--The table of sections for part VII of subchapter A of chapter 1 is amended by striking the item relating to section 224 and by inserting the following new items:

“Sec. 224. Child care deduction.

“Sec. 225. Cross reference.”.

(e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2014.

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Senate amendment submitted

May 15, 2014