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 the Foreign Account Tax Compliance Act (FATCA), information reporting (e.g., Forms 1095, 1096, 1098, 1099, W-2, 1042, and 1042-S) and withholding, payroll taxes, and fringe benefits. Michael advises…

Michael Chittenden practices in the areas of tax and employee benefits with a focus on the Foreign Account Tax Compliance Act (FATCA), information reporting (e.g., Forms 1095, 1096, 1098, 1099, W-2, 1042, and 1042-S) and withholding, payroll taxes, and fringe benefits. Michael advises companies on their obligations under FATCA and assists in the development of comprehensive FATCA and Chapter 3 (nonresident alien reporting and withholding) compliance programs.

Michael advises large employers on their employment tax obligations, including the special FICA and FUTA rules for nonqualified deferred compensation, the successor employer rules, the voluntary correction of employment tax mistakes, and the abatement of late deposit and information reporting penalties. In addition, he has also advised large insurance companies and employers on the Affordable Care Act reporting requirements in Sections 6055 and 6056, and advised clients on the application of section 6050W (Form 1099-K reporting), including its application to third-party payment networks.

Michael counsels clients on mobile workforce issues including state income tax withholding for mobile employees and expatriate and inpatriate taxation and reporting.

Michael is a frequent commentator on information withholding, payroll taxes, and fringe benefits and regularly gives presentations on the compliance burdens for companies.