H.R. 2338
119th CONGRESS 1st Session
To amend the Internal Revenue Code of 1986 to expand and improve the earned income tax credit.
IN THE HOUSE OF REPRESENTATIVES · March 25, 2025 · Sponsor: Ms. Moore of Wisconsin · Committee: Committee on Ways and Means
Table of contents
Sec. 7531. Advance payment of earned income credit; earned income savings accounts.
- (a) In general
- Not later than the date that is 2 years after the date of the enactment of this section, the Secretary shall establish a program for making direct advance monthly payments of the credit allowable under section 32 to taxpayers who elect to receive such payments.
- (b) Limitation
- The aggregate monthly payments made under subsection (a) with respect to any taxpayer for any taxable year shall not exceed 75 percent of the estimated amount of the credit allowable under section 32 to such taxpayer for such taxable year.
- (c) Election
- The election under subsection (a) may be made or changed for subsequent periods at any time during the taxable year. In the case of an election made after the beginning of a taxable year, the monthly advance payments shall be made for months beginning after the date that such election becomes effective and the total amount of advance payments (subject to the limitation of subsection (b)) shall be prorated among the remaining months.
- (d) Method of payment
- The program established under subsection (a) shall include an option for taxpayers to elect to receive payments under such program by prepaid debit card.
- (e) Reports to taxpayers
- (1) In general
- With respect to payments made under this section for any calendar year, not later than January 31 of the following calendar year, the Secretary shall issue a statement to each individual with respect to whom payments were made under this section setting forth—
- the name, address, and TIN of such person,
- the aggregate amount of payments made under this section with respect to such person for such calendar year,
- a statement that such individual is required to file a return of tax with respect to taxable years which include any portion of such calendar year regardless of whether such individual has income tax liability with respect to such taxable years, and
- such other information as the Secretary may provide.
- With respect to payments made under this section for any calendar year, not later than January 31 of the following calendar year, the Secretary shall issue a statement to each individual with respect to whom payments were made under this section setting forth—
- (2) Election to receive statement through on-line portal
- A taxpayer may elect to receive the statement described in paragraph (1) through the on-line portal described in subsection (f).
- (1) In general
- (f) Recapture of excess payments
- If the aggregate payments made to any taxpayer under subsection (a) with respect to any taxable year exceed the credit allowable under section 32 (determined without regard to subsection (h) thereof) with respect to such taxpayer for such taxable year, the tax imposed by chapter 1 with respect to such taxpayer for such taxable year shall be increased by such excess.
- (g) Restriction on allowance of advance payment if excess payments not repaid
- In the case of a taxpayer who fails to pay any tax liability which includes an increase determined under subsection (f) before the date on which payment of such tax is due, no payment shall be made under subsection (a) to such taxpayer during the period beginning on such date and ending with the end of the 2-year period which begins on the date that such tax liability (and any interest or penalties in connection with such liability) has been paid in full.