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HR 2 - Adoption Tax Credit Refundability Act of 2021


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Representative DRAKE, for himself (and with thanks to Representative DAVIS), introduced the following bill:

A BILL
To amend the Internal Revenue Code of 1986 to provide for a refundable adoption tax credit.

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 “Adoption Tax Credit Refundability Act of 2021”.

SEC. 2. REFUNDABLE ADOPTION TAX CREDIT.

(a) Credit Made Refundable.—

(1) CREDIT MOVED TO SUBPART RELATING TO REFUNDABLE CREDITS.—The Internal Revenue Code of 1986 is amended—

(A) by redesignating section 23 as section 36C, and

(B) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1.

(2) CONFORMING AMENDMENTS.—

(A) Section 25(e)(1)(C) of such Code is amended by striking “sections 23 and 25D” and inserting “section 25D”.

(B) Section 36C of such Code, as so redesignated, is amended—

(i) in subsection (b)(2)(A), by striking “(determined without regard to subsection (c))”,

(ii) by striking subsection (c), and

(iii) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively.

(C) Section 137 of such Code is amended—

(i) in subsection (d), by striking “section 23(d)” and inserting “section 36C(c)”, and

(ii) in subsection (e), by striking “subsections (e), (f), and (g) of section 23” and inserting “subsections (d), (e), and (f) of section 36C”.

(D) Section 1016(a)(26) of such Code is amended by striking “23(g)” and inserting “36C(f)”.

(E) Section 6211(b)(4)(A) of such Code is amended by inserting “36C,” after “36B,”.

(F) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 23.

(G) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting “36C,” after “36B,”.

(H) Paragraph (33) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended by striking “section 23” and inserting “section 36C”.

(I) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item:


“Sec. 36C. Adoption expenses.”.
(b) Third-Party Affidavits.—Section 36C(h) of the Internal Revenue Code of 1986, as redesignated and moved by subsection (a), is amended—

(1) by striking “such regulations” and inserting “such regulations and guidance”,

(2) by striking “including regulations which treat” and inserting “including regulations and guidance which—

“(1) treat”,

(3) by striking the period at the end and inserting “, and”, and

(4) by adding at the end the following:
“(2) provide for a standardized third-party affidavit for purposes of verifying a legal adoption—

“(A) of a type with respect to which qualified adoption expenses may be paid or incurred, or

“(B) involving a child with special needs for purposes of subsection (a)(3).”.

(c) Effective Date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020.

(d) Transitional Rule To Treat Carryforward As Refundable Credit.—In the case of any excess described in section 23(c) of the Internal Revenue Code of 1986 with respect to any taxpayer for the taxable year which precedes the first taxable year to which the amendments made by this section apply, such excess shall be added to the credit allowable under section 36C(a) of such Code with respect to such taxpayer for such first taxable year.

 

PES:

This bill makes the tax credit for adoption expenses refundable.

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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  • Bruce changed the title to HR 2 - Adoption Tax Credit Refundability Act of 2021
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Aye 50
Nay 0
Present 0
       
Votes
State Senator Philosophy Vote
Alabama Tommy Tuberville Nationalist Aye
Alaska Lisa Murkowski Moderate Conservative Aye
Arizona Mark Kelly Environmentalist Aye
Arkansas Tom Cotton Nationalist Aye
California Dianne Feinstein Progressive Aye
Colorado John Hickenlooper Moderate Liberal Aye
Connecticut Chris Murphy Progressive Aye
Delaware Tom Carper Moderate Liberal Aye
Florida Marco Rubio Evangelical Aye
Georgia Raphael Warnock Social Justice Warrior Aye
Hawaii Mazie Hirono Environmentalist Aye
Idaho Mike Crapo Evangelical Aye
Illinois Dick Durbin Progressive Aye
Indiana Mike Braun Evangelical Aye
Iowa Chuck Grassley Business Aye
Kansas Jerry Moran Business Aye
Kentucky Mitch McConnell Business Aye
Louisiana John Kennedy Evangelical Aye
Maine Susan Collins Moderate Conservative Aye
Maryland Ben Cardin Moderate Liberal Aye
Massachusetts Elizabeth Warren Progressive Aye
Michigan Debbie Stabenow Environmentalist Aye
Minnesota Amy Klobuchar Moderate Liberal Aye
Mississippi Roger Wicker Evangelical Aye
Missouri Josh Hawley Nationalist Aye
Montana Jon Tester Moderate Liberal Aye
Nebraska Ben Sasse Evangelical Aye
Nevada Catherine Cortez Masto Social Justice Warrior Aye
New Hampshire Jeanne Shaheen Moderate Liberal Aye
New Jersey Cory Booker Progressive Aye
New Mexico Martin Heinrich Environmentalist Aye
New York Chuck Schumer Moderate Liberal Aye
North Carolina Richard Burr Business Aye
North Dakota John Hoeven Evangelical Aye
Ohio Rob Portman Moderate Conservative Aye
Oklahoma Jim Inhofe Evangelical Aye
Oregon Ron Wyden Environmentalist Aye
Pennsylvania Bob Casey Jr Moderate Liberal Aye
Rhode Island Sheldon Whitehouse Environmentalist Aye
South Carolina Lindsey Graham Business Aye
South Dakota John Thune Business Aye
Tennessee Marsha Blackburn Nationalist Aye
Texas Ted Cruz Evangelical Aye
Utah Mitt Romney Business Aye
Vermont Bernie Sanders Progressive Aye
Virginia Tim Kaine Moderate Liberal Aye
Washington Patty Murray Environmentalist Aye
West Virginia Joe Manchin Moderate Conservative Aye
Wisconsin Ron Johnson Nationalist Aye
Wyoming John Barrasso Evangelical Aye
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