Loopholes > Federal > Child Tax Credit
CREDIT

Child Tax Credit

IRC §24; Schedule 8812

Credit of $2,200 per qualifying child under 17. Partially refundable.

Eligibility

Children under 17; phase-out $200K/$400K

Frequently Asked Questions

Who is eligible for the Child Tax Credit?

Children under 17; phase-out $200K/$400K

How does the Child Tax Credit work?

Credit of $2,200 per qualifying child under 17. Partially refundable.

What law authorizes the Child Tax Credit?

The Child Tax Credit is authorized under IRC §24; Schedule 8812 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §24

Source: Internal Revenue Code, Title 26, United States Code

§ 24. Child tax credit(a) Allowance of creditThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer for which the taxpayer is allowed a deduction under section 151 an amount equal to $1,000. (b) Limitations(1) Limitation based on adjusted gross incomeThe amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (2) Threshold amountFor purposes of paragraph (1), the term “threshold amount” means—(A) $110,000 in the case of a joint return, (B) $75,000 in the case of an individual who is not married, and (C) $55,000 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. (c) Qualifying childFor purposes of this section—(1) In generalThe term “qualifying child” means a qualifying child of the taxpayer (as defined in section 152(c)) who has not attained age 17. (2) Exception for certain noncitizensThe term “qualifying child” shall not include any individual who would not be a dependent if subparagraph (A) of section 152(b)(3) were applied without regard to all that follows “resident of the United States”. (d) Portion of credit refundable(1) In generalThe aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of—(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a) or (B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 26(a) were increased by the greater of—(i) 15 percent of so much of the taxpayer’s earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $3,000, or (ii) in the case of a taxpayer with 3 or more qualifying children, the excess (if any) of—(I) the taxpayer’s social security taxes for the taxable year, over (II) the credit allowed under section 32 for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year.

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