H.R. 2764: Tax Cut for Workers Act of 2025

Introduced Apr 9, 202518 cosponsors

Sponsor

Dwight Evans

Dwight Evans

Democrat · PA-3

Bill Progress

IntroducedApr 9
Committee 
Pass House 
Pass Senate 
Signed 
Law 

Latest Action · Apr 9, 2025

1/2

Referred to the House Committee on Ways and Means.

Bigger worker tax credit made permanent

Why it matters

The bill would lock in and expand Earned Income Credit rules after December 31, 2025, affecting young workers, childless adults, and taxpayers in Puerto Rico and other U.S. possessions.

HR2764, the Tax Cut for Workers Act of 2025, would permanently extend and expand the Earned Income Credit for workers without qualifying children starting with taxable years beginning after December 31, 2025. The bill lowers the general minimum age for this credit to 19, sets it at 24 for students as defined in section 152(f)(2), and sets it at 18 for qualified former foster youth and qualified homeless youth. It also removes the old maximum age cap of 65, opening the credit to older workers who were previously shut out.

The bill also makes the childless worker credit much larger. It raises both the credit percentage and the phaseout percentage from 7.65% to 15.3%. It increases the earned income amount from $4,220 to $9,820 and the phaseout amount from $5,280 to $11,610. Those are not minor tweaks — they significantly increase the value of the credit and allow workers to earn more before the benefit phases down.

What does H.R. 2764 do?

1

Minimum age drops to 19, with 18 for some youth

For workers without qualifying children, the bill sets the general minimum age for the Earned Income Credit at 19. It sets a higher minimum age of 24 for students defined under section 152(f)(2), but allows qualified former foster youth and qualified homeless youth to claim the credit starting at age 18.

2

Age 65 cap eliminated for older workers

The bill removes the maximum age limit that had previously cut off eligibility at age 65 for the Earned Income Credit for individuals without qualifying children. That means workers older than 65 could continue to qualify if they meet the other rules.

3

Credit percentage doubles from 7.65% to 15.3%

HR2764 increases both the credit percentage and the phaseout percentage for the childless worker Earned Income Credit from 7.65% to 15.3%. This change directly increases the size of the credit while also changing how quickly it phases out as earnings rise.

4

Income thresholds rise to $9,820 and $11,610

The bill raises the earned income amount used in the credit formula from $4,220 to $9,820 and raises the phaseout amount from $5,280 to $11,610. Those higher dollar thresholds mean more earnings can count before the credit starts shrinking.

5

Prior-year income option starts after 2025

If a taxpayer's earned income in the current taxable year is lower than in the preceding taxable year, the taxpayer may elect to use the preceding year's earned income to calculate the Earned Income Credit. For joint returns, the prior-year earned income equals the combined earned income of both spouses from that preceding year, and the rule applies to taxable years beginning after December 31, 2025.

6

Puerto Rico and other possessions keep EIC permanently

The bill removes the sunset that had limited this Earned Income Credit treatment to calendar years 2021 through 2025 for Puerto Rico, American Samoa, and U.S. possessions with mirror code tax systems. That makes the policy ongoing instead of temporary.

Who benefits from H.R. 2764?

Low-income workers without qualifying children

They would be eligible for a larger Earned Income Credit because the credit and phaseout percentages rise from 7.65% to 15.3%, the earned income amount increases from $4,220 to $9,820, and the phaseout amount increases from $5,280 to $11,610.

Young adults ages 19 to 23 who are not students

These workers could qualify earlier because the general minimum age becomes 19. Under older rules, many younger adults without qualifying children could not claim the credit.

Qualified former foster youth and qualified homeless youth age 18 and older

These individuals get the earliest access under the bill, with eligibility beginning at age 18. A qualified former foster youth is someone who, on or after age 14, was in foster care under a title IV-B or IV-E Social Security Act plan and consents to disclosure of that status to the Secretary, while a qualified homeless youth is someone who certifies they are an unaccompanied homeless youth or an unaccompanied, self-supporting youth at risk of homelessness.

Workers in Puerto Rico, American Samoa, and other U.S. possessions

They benefit because the bill removes the 2021-through-2025 sunset for Earned Income Credit treatment in Puerto Rico, American Samoa, and possessions with mirror code tax systems, making the policy permanent.

Who is affected by H.R. 2764?

Students under age 24 without qualifying children

They remain subject to a stricter age rule than other workers. While the general minimum age is 19, students as defined in section 152(f)(2) generally cannot claim the credit until age 24 unless they are qualified former foster youth or qualified homeless youth, who may claim it starting at age 18.

Workers older than 65

They are newly affected because the bill removes the previous maximum eligibility age of 65 for the Earned Income Credit for people without qualifying children. That expands access for seniors who still work.

Taxpayers with falling earnings from one year to the next

If current-year earned income is less than earned income in the preceding taxable year, they could elect to use the prior year's amount for the Earned Income Credit. This could matter for workers who had reduced hours, layoffs, or unstable seasonal income.

Taxpayers who incorrectly claim the prior-year income option

They face quicker IRS correction because improper use of prior-year earned income is treated as a mathematical or clerical error under section 6213 of the Internal Revenue Code. The bill does not list a new dollar penalty, but it does make enforcement easier.

H.R. 2764 Common Questions

How much would the childless Earned Income Tax Credit increase under HR 2764?

Under the Tax Cut for Workers Act of 2025, the credit and phaseout percentages for workers without qualifying children would rise from 7.65% to 15.3% (Section 2(c)).

What are the new income limits for the childless EITC in the Tax Cut for Workers Act of 2025?

Under the Tax Cut for Workers Act of 2025, the earned income amount would increase from $4,220 to $9,820, and the phaseout amount would rise from $5,280 to $11,610 (Section 2(d)).

Can 19 year olds claim the Earned Income Credit without kids under HR 2764?

Yes. Under the Tax Cut for Workers Act of 2025, the general minimum age for the EIC for workers without qualifying children would be lowered to 19 (Section 2(a)).

Can students under 24 get the childless EITC under the Tax Cut for Workers Act of 2025?

Generally no. Under the Tax Cut for Workers Act of 2025, students as defined in IRC 152(f)(2) must be at least 24 to claim the childless EIC (Section 2(a)).

Can former foster youth get the Earned Income Credit at age 18 under HR 2764?

Yes. Under the Tax Cut for Workers Act of 2025, qualified former foster youth could claim the childless EIC starting at age 18 (Section 2(a)).

Can homeless youth claim the Earned Income Credit at 18 under the Tax Cut for Workers Act of 2025?

Yes. Under the Tax Cut for Workers Act of 2025, qualified homeless youth could claim the childless EIC beginning at age 18 (Section 2(a)).

Does HR 2764 remove the age 65 limit for the childless Earned Income Credit?

Yes. According to HR 2764 Section 2(b), the maximum age limit of 65 for workers without qualifying children would be eliminated.

Can I use last year's income for the Earned Income Credit if I made less this year under HR 2764?

Yes. Under the Tax Cut for Workers Act of 2025, taxpayers could elect to use the prior year's earned income if it is higher than current-year earned income for EIC purposes (Section 4(a)).

How does prior year income work for married couples claiming the EITC under HR 2764?

According to HR 2764 Section 4(a), for a joint return the prior-year earned income is the combined earned income of both spouses from the preceding year.

Does the Tax Cut for Workers Act of 2025 make EITC rules permanent in Puerto Rico and American Samoa?

Yes. Under the Tax Cut for Workers Act of 2025, the bill removes the 2021-2025 sunset for Puerto Rico, American Samoa, and possessions with mirror code tax systems (Section 3).

Based on H.R. 2764 bill text

HR2764 Legislative Journey

1 actions

House: Committee Action

Apr 9, 2025

Referred to the House Committee on Ways and Means.

About the Sponsor

Dwight Evans

Dwight Evans

Democrat, Pennsylvania's 3rd congressional district · 10 years in Congress

Committees: Ways and Means

View full profile →

Cosponsors (18)

No new cosponsors in 372 days — momentum stalled

All 18 cosponsors are Democrats. Cosponsors represent 13 states: Alabama, Arizona, California, and 10 more.

18Democrats·13 states

Committee Sponsors

Ways and Means Committee

19D26R
|3 signed42 not yet

3 of 45 committee members cosponsored

16 Democrats across this committee haven't cosponsored yet. Mobilize their constituents

What laws does H.R. 2764 change?

6 changes

Full Text

Sections Amended

Section 32(c) of such Code

adding at the end the following new subparagraph: ``(F) Applicable minimum age

Section 32(b) of Internal Revenue Code of 1986

striking ``7

Section 32(j) of Internal Revenue Code of 1986

read as follows: ``(1) In general

Section 32 of such Code

adding at the end the following new paragraph: ``(3) Inflation amount

Section 32 of Internal Revenue Code of 1986

striking subsection (n)

Section 32(c) of Internal Revenue Code of 1986

adding at the end the following new subparagraph: ``(C) Election to use prior year earned income

H.R. 2764 Quick Facts

Cosponsors
18
Ro Khanna
Yassamin Ansari
Jasmine Crockett
Rosa DeLauro
Valerie Foushee
+13 more
Committee
Ways and Means
Chamber
House
Policy
Taxation
Introduced
Apr 9, 2025

Referred to the House Committee on Ways and Means.

Apr 9, 2025

Constituent Resources

Get notified when this bill moves

Official Sources

H.R. 2764 on Congress.gov

Official congressional page for the Tax Cut for Workers Act of 2025 with bill text, actions, and status.

IRS Earned Income Tax Credit

IRS overview page for the Earned Income Tax Credit, the main tax provision expanded and made permanent by this bill.

IRS EITC Qualification Assistant

Official IRS tool explaining who qualifies for the EITC, relevant to the bill's changes to age eligibility and childless worker rules.

IRS Publication 596: Earned Income Credit (EIC)

IRS publication covering EIC rules, including income limits, eligibility, and filing details that would be affected by the bill.

U.S. House Office of the Law Revision Counsel - 26 U.S.C. § 32

Official U.S. Code page for Internal Revenue Code section 32, the statutory section this bill amends for the Earned Income Credit.

U.S. House Office of the Law Revision Counsel - 26 U.S.C. § 7530

Official U.S. Code page for section 7530, which governs EIC application to Puerto Rico, American Samoa, and mirror-code possessions.

Congressional Budget Office Cost Estimates

Official CBO portal for federal cost estimates, useful if a score is issued for this tax bill.

H.R. 2764 Bill Text

PDF

To amend the Internal Revenue Code of 1986 to expand, and make permanent certain modifications of, the earned income credit.

Source: U.S. Government Publishing Office

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