H.R. 2764: Tax Cut for Workers Act of 2025
Sponsor
Dwight Evans
Democrat · PA-3
Bill Progress
Latest Action · Apr 9, 2025
Referred to the House Committee on Ways and Means.
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.
HR2764 also makes permanent the Earned Income Credit rules that apply in Puerto Rico, American Samoa, and U.S. possessions with mirror code tax systems by removing a sunset that had limited that treatment to calendar years 2021 through 2025. On top of that, it lets taxpayers use their prior year's earned income if their current year's earned income is lower, which can help workers whose hours were cut or whose jobs changed. For joint returns, the prior-year amount is the sum of each spouse's earned income from that preceding year.
The bill includes enforcement teeth, though not a new dollar penalty. If a taxpayer wrongly uses prior-year earned income, the IRS can treat that mistake as a mathematical or clerical error under section 6213 of the Internal Revenue Code, which can speed up corrections. The bill also says this prior-year substitution only applies to calculating the Earned Income Credit and does not change gross income or other tax rules. Inflation adjustments are preserved with specific base years, including 2025 for the third row of the table in section 32(b)(2)(A), 1995 for other amounts in that table, 2008 for the $5,000 amount in section 32(b)(2)(B), and 2020 for the $10,000 amount in section 32(i)(1).
What does H.R. 2764 do?
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.
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.
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.
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.
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.
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
House: Committee Action
Apr 9, 2025
Referred to the House Committee on Ways and Means.
About the Sponsor
Dwight Evans
Democrat, Pennsylvania's 3rd congressional district · 10 years in Congress
Committees: Ways and Means
View full profile →
Cosponsors (18)
All 18 cosponsors are Democrats. Cosponsors represent 13 states: Alabama, Arizona, California, and 10 more.
Ro Khanna
Democrat · CA
Yassamin Ansari
Democrat · AZ
Jasmine Crockett
Democrat · TX
Rosa DeLauro
Democrat · CT
Valerie Foushee
Democrat · NC
James McGovern
Democrat · MA
Jerrold Nadler
Democrat · NY
Eleanor Norton
Democrat · DC
Alexandria Ocasio-Cortez
Democrat · NY
Delia Ramirez
Democrat · IL
Linda Sánchez
Democrat · CA
Mary Scanlon
Democrat · PA
Committee Sponsors
Ways and Means Committee
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
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
- Committee
- Ways and Means
- Chamber
- House
- Policy
- Taxation
- Introduced
- Apr 9, 2025
Referred to the House Committee on Ways and Means.
Apr 9, 2025
Official Sources
Official congressional page for the Tax Cut for Workers Act of 2025 with bill text, actions, and status.
IRS overview page for the Earned Income Tax Credit, the main tax provision expanded and made permanent by this bill.
Official IRS tool explaining who qualifies for the EITC, relevant to the bill's changes to age eligibility and childless worker rules.
IRS publication covering EIC rules, including income limits, eligibility, and filing details that would be affected by the bill.
Official U.S. Code page for Internal Revenue Code section 32, the statutory section this bill amends for the Earned Income Credit.
Official U.S. Code page for section 7530, which governs EIC application to Puerto Rico, American Samoa, and mirror-code possessions.
Official CBO portal for federal cost estimates, useful if a score is issued for this tax bill.
H.R. 2764 Bill Text
“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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