All Dependents Count Act of 2021

II 117TH CONGRESS 1ST SESSION S. 261 To allow 2020 recovery rebates with respect to qualifying children over the age of 16 and other dependents. IN THE SENATE OF THE UNITED STATES FEBRUARY 4, 2021 Ms. SMITH (for herself, Mr. BROWN, Mr. VAN HOLLEN, Mr. BLUMENTHAL, Mr. MERKLEY, Ms. KLOBUCHAR, Ms. WARREN, Mr. LUJA´N, Mrs. GILLI- BRAND, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To allow 2020 recovery rebates with respect to qualifying children over the age of 16 and other dependents. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘All Dependents Count 4 Act of 2021’’. 5 SEC. 2. 2020 RECOVERY REBATES WITH RESPECT TO QUALI- 6 FYING CHILDREN OVER THE AGE OF 16 AND 7 OTHER DEPENDENTS. 8 (a) INITIAL REBATES.— 9 VerDate Sep 11 2014 15:59 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S261.IS S261 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 261 IS (1) IN GENERAL.—Section 6428(a)(2) of the 1 Internal Revenue Code of 1986 is amended by strik- 2 ing ‘‘qualifying children (within the meaning of sec- 3 tion 24(c))’’ and inserting ‘‘dependents (as defined 4 in section 152)’’. 5 (2) CONFORMING AMENDMENTS.— 6 (A) Section 6428(g)(1)(C) of such Code is 7 amended— 8 (i) by striking ‘‘qualifying child’’ each 9 place it appears and inserting ‘‘depend- 10 ent’’, and 11 (ii) by striking ‘‘QUALIFYING CHILD’’ 12 in the heading and inserting ‘‘DEPEND- 13 ENT’’. 14 (B) Section 6428(g)(3)(B) of such Code is 15 amended— 16 (i) by inserting ‘‘dependent or’’ before 17 ‘‘qualifying child’’, and 18 (ii) by striking ‘‘such child’’ and in- 19 serting ‘‘such individual’’. 20 (b) ADDITIONAL REBATES.— 21 (1) IN GENERAL.—Section 6428A(a)(2) of the 22 Internal Revenue Code of 1986 is amended by strik- 23 ing ‘‘qualifying children (within the meaning of sec- 24 VerDate Sep 11 2014 15:59 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S261.IS S261 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 261 IS tion 24(c))’’ and inserting ‘‘dependents (as defined 1 in section 152)’’. 2 (2) CONFORMING AMENDMENTS.— 3 (A) Section 6428A(g)(3) of such Code is 4 amended— 5 (i) by striking ‘‘qualifying child’’ each 6 place it appears and inserting ‘‘depend- 7 ent’’, and 8 (ii) by striking ‘‘QUALIFYING CHILD’’ 9 in the heading and inserting ‘‘DEPEND- 10 ENT’’. 11 (B) Section 6428(g)(4) of such Code is 12 amended— 13 (i) by inserting ‘‘dependent or’’ before 14 ‘‘qualifying child’’, and 15 (ii) by striking ‘‘such child’’ and in- 16 serting ‘‘such individual’’. 17 (C) Section 6428(f)(2)(B) of such Code is 18 amended by striking ‘‘qualifying child’’ and in- 19 serting ‘‘dependent’’. 20 (c) EFFECTIVE DATE.—The amendments made by 21 this section shall apply to taxable years beginning after 22 December 31, 2019. 23 (d) ADVANCED PAYMENTS.—Notwithstanding sec- 24 tions 6428(f)(3) and 6428A(f)(3)(A) of the Internal Rev- 25 VerDate Sep 11 2014 15:59 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S261.IS S261 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 261 IS enue Code of 1986, the Secretary of the Treasury (or the 1 Secretary’s delegate) shall refund or credit any overpay- 2 ment attributable to the amendments made by this section 3 as rapidly as possible, except that no refund or credit shall 4 be made under section 6428(f) or 6428A(f) of such Code 5 by reason of this subsection after December 31, 2021. 6 Æ VerDate Sep 11 2014 15:59 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S261.IS S261 pamtmann on DSKBC07HB2PROD with BILLS