As we have been discussing in recent blog posts, the Treasury Department released its Fiscal Year 2024 General Explanations of the Administration’s Revenue Proposals, commonly called the “Green Book,” on March 9, 2023. This year’s Green Book includes a proposal that both employers and employees are likely to embrace: an enhanced tax credit for employers that provide childcare.

Currently, employers that offer childcare through their own facility or through a contract with a third-party provider are eligible to claim a nonrefundable tax credit equal to 25% of “qualified child care expenditures” and 10% of “qualified child care resource and referral expenditures.” The credit is capped at $150,000 per year. The Administration’s proposal would increase the credit that may be claimed for qualified childcare expenditures to 50% and increase the total credit to $500,000 per year. The amount of credit that may be claimed with respect to resource and referral expenditures would remain 10% of those expenses. If implemented, the increased tax credit would be effective for tax years beginning on or after January 1, 2024.

“Qualified child care expenditures” are defined generally as the fair market value of amounts paid or incurred to acquire, construct, or expand property that is used for the employer’s childcare facility, operating a childcare facility (including facility employee training and certain compensation), or to pay for a contract with a third-party childcare facility to provide childcare to the employer’s employees. “Qualified child care resource and referral expenditures” are the amounts paid or incurred in providing resources and referral services to employees on a nondiscriminatory basis.

The Green Book explains the purpose of the proposal as promoting a benefit that is valued by employees with children, and which could, in turn, result in better employee attendance, performance, retention, and satisfaction. The increased tax credit—which is up to 233-1/3% greater than the current benefit—has the potential to enable more employers to offer childcare benefits and may encourage employers already offering such programs to continue or expand them. As companies continue to navigate pandemic-related workforce challenges, including returning to in-office attendance, these childcare benefits could indeed have a positive effect on employee morale and retention.

The Administration is not the only government seeking to address the link between childcare access and workforce stability; just last week, the Chancellor of the Exchequer announced a budget that will increase the amount of free childcare available to parents of young children in England, with the stated goal of helping parents return to the workforce.

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Photo of Sarah Friedman Sarah Friedman

Sarah Friedman works with private, public, and non-profit clients of all sizes to design and maintain their employee benefits and executive compensation programs. She also advises executives on compensation arrangements in connection with employment, separation, and change-in-control agreements.

In particular, Sarah counsels clients…

Sarah Friedman works with private, public, and non-profit clients of all sizes to design and maintain their employee benefits and executive compensation programs. She also advises executives on compensation arrangements in connection with employment, separation, and change-in-control agreements.

In particular, Sarah counsels clients on compliance with ERISA, the Internal Revenue Code, and agency regulations. She has experience drafting and advising on tax-qualified retirement plans, health and welfare plans, and cash and equity incentive compensation plans. Sarah also advises on ERISA litigation, including on claims related to investment fees and breaches of fiduciary duty.

Sarah maintains an active pro bono practice, both as part of her employee benefits practice as well as outside of it. She has a particular interest in helping clients with life planning documents.

Photo of S. Michael Chittenden S. Michael Chittenden

Michael Chittenden practices in the areas of tax and employee benefits with a focus on withholding taxes, including state and federal employment taxes, Chapter 3, and the Foreign Account Tax Compliance Act (FATCA) and information reporting (e.g., Forms 1095, 1096, 1098, 1099, W-2…

Michael Chittenden practices in the areas of tax and employee benefits with a focus on withholding taxes, including state and federal employment taxes, Chapter 3, and the Foreign Account Tax Compliance Act (FATCA) and information reporting (e.g., Forms 1095, 1096, 1098, 1099, W-2, 1042, and 1042-S.

Michael advises large employers on their employment tax compliance obligations, including the special FICA and FUTA rules for nonqualified deferred compensation, the successor employer rules, and executive perquisites, such as the taxation of company cars, corporate aircraft (including the use of SIFL valuations), and employer-provided housing. In addition, he has worked with clients to submit voluntary corrections of employment tax mistakes and seek abatement of late deposit and information reporting penalties. Michael has extensive controversy experience representing clients in IRS examinations and before the IRS Independent Office of Appeals in employment tax, late deposit, and information reporting penalty cases.

As part of Covington’s Global Workforce Solutions practice, Michael counsels clients on all aspects of mobile workforce issues including state income tax withholding for remote workers and mobile employees. He also advises on treaty claims and various tax issues related to expatriate and inpatriates.