Child tax credit
Allowance of credit
Limitations
Limitation based on adjusted gross income
Threshold amount
For purposes of paragraph (1), the term “threshold amount” means—
$110,000 in the case of a joint return,
$75,000 in the case of an individual who is not married, and
$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.
Qualifying child
For purposes of this section—
In general
Exception for certain noncitizens
Portion of credit refundable
In general
The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of—
the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a) or
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—
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
in the case of a taxpayer with 3 or more qualifying children, the excess (if any) of—
the taxpayer’s social security taxes for the taxable year, over
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.
Social security taxes
For purposes of paragraph (1)—
In general
The term “social security taxes” means, with respect to any taxpayer for any taxable year—
the amount of the taxes imposed by sections 3101 and 3201(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins,
50 percent of the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and
50 percent of the taxes imposed by section 3211(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins.
Coordination with special refund of social security taxes
Special rule
Exception for taxpayers excluding foreign earned income
Identification requirements
Qualifying child identification requirement
Taxpayer identification requirement
Taxable year must be full taxable year
Restrictions on taxpayers who improperly claimed credit in prior year
Taxpayers making prior fraudulent or reckless claims
In general
Disallowance period
For purposes of subparagraph (A), the disallowance period is—
the period of 10 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 was due to fraud, and
the period of 2 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 was due to reckless or intentional disregard of rules and regulations (but not due to fraud).
Taxpayers making improper prior claims
Special rules for taxable years beginning after 2017
In general
Credit amount
Limitation
Partial credit allowed for certain other dependents
In general
Exception for certain noncitizens
Certain qualifying children
Maximum amount of refundable credit
Earned income threshold for refundable credit
Social security number required
In general
No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes on the return of tax for the taxable year—
the taxpayer’s social security number (or, in the case of a joint return, the social security number of at least 1 spouse), and
the social security number of such qualifying child.
Social security number
For purposes of this paragraph, the term “social security number” means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued—
to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and
before the due date for such return.
Inflation adjustments
Maximum amount of refundable credit
In the case of a taxable year beginning after 2024, the $1,400 amount in subsection (h)(5) shall be increased by an amount equal to—
such dollar amount, multiplied by
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “2017” for “2016” in subparagraph (A)(ii) thereof.
Special rule for adjustment of credit amount
In the case of a taxable year beginning after 2025, the $2,200 amount in subsection (h)(2) shall be increased by an amount equal to—
such dollar amount, multiplied by
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “2024” for “2016” in subparagraph (A)(ii) thereof.
Rounding
Reconciliation of credit and advance credit
In general
Excess advance payments
In general
Safe harbor based on modified adjusted gross income
In general
Phase out of safe harbor amount
Applicable income threshold
For purposes of this subparagraph, the term “applicable income threshold” means—
$60,000 in the case of a joint return or surviving spouse (as defined in section 2(a)),
$50,000 in the case of a head of household, and
$40,000 in any other case.
Safe harbor amount
For purposes of this subparagraph, the term “safe harbor amount” means, with respect to any taxable year, the product of—
$2,000, multiplied by
the excess (if any) of the number of qualified children taken into account in determining the annual advance amount with respect to the taxpayer under section 7527A with respect to months beginning in such taxable year, over the number of qualified children taken into account in determining the credit allowed under this section for such taxable year.
Application of credit in possessions
Mirror code possessions
In general
Coordination with credit allowed against United States income taxes
Mirror code tax system
Puerto Rico
Application to taxable years in 2021
For application of refundable credit to residents of Puerto Rico, see subsection (i)(1).
For nonapplication of advance payment to residents of Puerto Rico, see section 7527A(e)(4)(A).
Application to taxable years after 2021
In the case of any bona fide resident of Puerto Rico (within the meaning of section 937(a)) for any taxable year beginning after
the credit determined under this section shall be allowable to such resident, and
subsection (d)(1)(B)(ii) shall be applied without regard to the phrase “in the case of a taxpayer with 3 or more qualifying children”.
American Samoa
In general
Distribution requirement
Coordination with credit allowed against United States income taxes
In general
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 (B)—
if such taxable year begins in 2021, subsection (i)(1) shall be applied by substituting “bona fide resident of Puerto Rico or American Samoa” for “bona fide resident of Puerto Rico”, and
if such taxable year begins after
Treatment of payments
Source
(Added Pub. L. 105–34, title I, § 101(a),Notes
Inflation Adjusted Items for Certain Years
Editorial Notes
References in Text
Prior Provisions
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Effective Date of 2021 Amendment
Effective Date of 2018 Amendment
Effective Date of 2017 Amendment
Effective Date of 2015 Amendment
Effective Date of 2014 Amendment
Effective Date of 2013 Amendment
In general.—
Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 25A, 32, and 6409 of this title and amending provisions set out as a note under section 25A of this title] shall apply to taxable years beginning after
Rule regarding disregard of refunds.—
The amendment made by subsection (d) [amending section 6409 of this title] shall apply to amounts received after
Effective and Termination Dates of 2010 Amendment
Effective and Termination Dates of 2009 Amendment
Effective and Termination Dates of 2008 Amendment
Effective Date.—
The amendments made by this section [enacting section 30D of this title and amending this section and sections 25, 25B, 26, 30B, 38, 1016, 1400C, and 6501 of this title] shall apply to taxable years beginning after
Application of EGTRRA Sunset.—
The amendment made by subsection (d)(1)(A) [amending this section] shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 [Pub. L. 107–16, § 901, which was repealed by Pub. L. 112–240, title I, § 101(a)(1),
Effective Date of 2007 Amendment
Effective and Termination Dates of 2005 Amendment
Effective and Termination Dates of 2004 Amendment
Effective and Termination Dates of 2003 Amendment
In general.—
Except as provided in paragraph (2), the amendments made by this section [enacting section 6429 of this title and amending this section] shall apply to taxable years beginning after
Subsection (b).—
The amendments made by subsection (b) [enacting section 6429 of this title] shall take effect on the date of the enactment of this Act [
Effective Date of 2002 Amendment
Effective Date of 2001 Amendment
In general.—
Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 23, 25, 26, 32, 904, and 1400C of this title] shall apply to taxable years beginning after
Subsection (b).—
The amendments made by subsection (b) [amending this section and sections 23, 25, 26, 904, and 1400C of this title] shall apply to taxable years beginning after