IVF Access and Affordability Act
The IVF Access and Affordability Act would create a new nonrefundable income tax credit (Sec. 23A) for eligible individuals to help pay for assisted reproductive technology (ART) treatments, including IVF. The credit would cover ART expenses paid or incurred in the taxable year, with a maximum of $20,000 per year (or $40,000 for joint filers or when both spouses incur expenses). The credit phases out for higher adjusted gross incomes (AGI) beginning at $200,000 (or $400,000 for joint filers), and is reduced proportionally as AGI rises. Unused credits can be carried forward up to five years on a first-in, first-out basis. The credit cannot duplicate benefits from other credits or deductions and cannot be claimed for expenses reimbursed by insurance. The bill defines ART per a specific 1992 act and restricts eligibility to the taxpayer, their spouse, or a dependent. Married couples must file jointly for this credit, and dependents’ ART expenses claimed by another taxpayer are barred from claiming the credit. The bill would insert a new Sec. 23A into the Internal Revenue Code and make conforming amendments, with the effective date applying to taxable years beginning after enactment.
Key Points
- 1Creation of a new Sec. 23A credit for assisted reproductive technology expenses, usable as a credit against regular income tax for eligible individuals.
- 2Credit amount: up to $20,000 per taxable year, or $40,000 for joint filers or when both spouses incur ART expenses.
- 3Income limits and phase-out: credit reduced as AGI rises above $200,000 ($400,000 for joint returns), with a proportional reduction until the credit reaches zero; AGI is calculated without certain foreign income exclusions (sections 911, 931, 933).
- 4Carryforward: any unused credit can be carried forward for up to five years (FIFO basis), to be used against future tax liability.
- 5Eligibility and anti-double-benefit provisions: eligible individuals include the taxpayer, their spouse, or a dependent; no double benefit if ART expenses are claimed under another credit or deduction, and no credit if expenses are reimbursed by insurance; married couples must file jointly; dependents’ ART expenses claimed by another taxpayer cannot also be claimed here.