116th CONGRESS 2d Session |
To amend the Internal Revenue Code of 1986 to provide a child tax credit for pregnant moms with respect to their unborn children.
October 16, 2020
Mr. Smith of Missouri (for himself, Mr. David P. Roe of Tennessee, Mr. Budd, Mr. Weber of Texas, Mr. Perry, Mr. Joyce of Pennsylvania, Mr. Allen, and Mr. Schweikert) introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to provide a child tax credit for pregnant moms with respect to their unborn children.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Child Tax Credit for Pregnant Moms Act of 2020”.
SEC. 2. Child tax credit allowed with respect to unborn children.
(a) In general.—Subsection (c) of section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(3) CREDIT ALLOWED WITH RESPECT TO UNBORN CHILDREN.—
“(A) IN GENERAL.—The term ‘qualifying child’ includes an unborn child of an eligible taxpayer for the taxable year immediately preceding the year in which such child is born, if such child is born alive on or before the due date for the return of tax for such taxable year.
“(B) DOUBLE CREDIT ALLOWED IN CERTAIN CASES.—
“(i) IN GENERAL.—In the case of a qualifying child of an eligible taxpayer who is not taken into account under subparagraph (A) (including by reason of subsection (h)(7) or any other provision of this section) for the taxable year immediately preceding the year in which such child is born alive—
“(I) the amount of the credit determined under subsection (a), and
“(II) the amount determined under subsection (d)(1),
shall each be increased by 100 percent with respect to such child for the taxable year in which the child is born.
“(ii) SPECIAL RULE FOR SPLITTING OF DOUBLE CREDIT.—In the case of a child otherwise described in clause (i) who (but for this clause) would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born by reason of paragraph (1)(B) or (4) of section 152(c)—
“(I) such child shall be treated as a qualifying child for purposes of this section for such taxable year of—
“(aa) the eligible taxpayer, and
“(bb) any other taxpayer with respect to whom such child would, without regard to this clause, be treated as a qualifying child, and
“(II) clause (i) shall not apply with respect to such child.
“(C) DEFINITIONS.—For purposes of this paragraph—
“(i) UNBORN CHILD.—The term ‘unborn child’ means a member of the species homo sapiens, at any stage of development, who is carried in the womb.
“(I) IN GENERAL.—The term ‘eligible taxpayer’ means, with respect to an unborn child taken into account under subparagraph (A) or a qualifying child taken into account under subparagraph (B)—
“(aa) the woman who carries or carried such child in the womb and, except in the case of embryo adoption, is the biological mother of such child, and
“(bb) if filing a joint return, the husband of such woman.
“(II) EMBRYO ADOPTION.—For purposes of subclause (I), the term ‘embryo adoption’ means the lawful transfer of an unborn child at the embryonic stage of development into the womb of a woman who—
“(aa) is not the biological mother of such child, and
“(bb) intends to bear and to be the permanent mother of such child.
“(iii) BORN ALIVE.—The term ‘born alive’ has the meaning given such term by section 8(b) of title 1, United States Code.”.
(b) Effective date.—The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.