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State & Local Playbook
Social, Family, & Housing Policy

DLC | Model Initiatives | June 30, 2008
Earned Income Tax Credit


New Dem Play | Helping ensure no full-time worker lives below the poverty line
Where It's Working | 23 states, the District of Columbia; Denver; Montgomery County, Maryland; New York City; and San Francisco
Players | State, city, and county officials

More Social, Family & Housing Policy Plays

Public policy should encourage work -- especially for the working poor. The principle is simple: No American family with a full-time worker should have to live in poverty. But many bottom-rung jobs do not pay enough to provide families with a minimally decent standard of living. Without additional support, a minimum-wage worker with a family of three would be unable to lift him- or herself over the poverty line. Thus, government, at all levels, should strengthen work incentives by supplementing the income of those low-wage earners who have families. The single most effective mechanism for providing that support has been the Earned Income Tax Credit (EITC), which supplements the income of low-wage earners through a refundable tax credit, allowing families without income tax liability to benefit from the full amount of the credit.

Because it boosts the earnings of low-income families while rewarding work, the EITC has enjoyed wide bipartisan support since its inception in 1975. President Clinton significantly expaned the EITC in 1993 and today, the program is the federal government's most effective anti-poverty program. The credit supplements the wages of 22 million low-income Americans and lifts 4 million people out of poverty every year.

"The Earned Income Tax Credit is perhaps one of the greatest tools low-income residents have at their disposal to improve their quality of life, pay for much needed projects, pay down debt or to begin to save and accumulate wealth for their future."
-- Governor Martin O'Malley, Maryland

Since 1993, 23 states and the District of Columbia have built on the federal framework by enacting their own versions of the EITC. The majority of those states have adopted a refundable model, including Colorado, the District of Columbia, Illinois, Indiana, Kansas, Massachusetts, Minnesota, Nebraska, New Jersey, New York, Oklahoma, Oregon, Rhode Island, Vermont, and Wisconsin. Four states -- Delaware, Iowa, Maine, and Virginia -- have instituted a non-refundable credit, meaning that families only receive a credit to offset their state income taxes. Uniquely, Maryland offers taxpayers a choice of a refundable or non-refundable credit. Washington, the most recent state to adopt a state-level EITC, is unique in that it is the first state in the nation that offers the tax credit but does not have an income tax. This new law, scheduled to take effect in 2009, can serve as a model for other states that want to increase work incentives and wages for low-income working families, but also do not levy an income tax.

In the majority of states, the state version of the EITC equals a percentage of the federal credit -- ranging from 3.9 percent in North Carolina and Louisiana to 32 percent in Vermont. Most states finance the credits from general funds; if a state's credit is refundable, however, a portion of the cost of the credit can be paid for with funds from the Temporary Assistance for Needy Families (TANF) block grant. Four states have integrated commendable innovations into their versions of the credit:

  • Washington offers a state EITC although they have no state income taxes. Since residents do not file state income tax forms, the Washington Department of revenue determines who is eligible and then mails forms to the qualifying families.

  • Minnesota bases its credit upon a percentage of earned income, rather than a percentage of the federal credit. Consequently, families who receive small federal EITC benefits can still receive a significant state credit. This structure helps to smooth out the sharp "phase-out" of the federal EITC, in which benefits decline quickly as earned income increases.

  • Wisconsin offers a larger credit to families with three or more children. In all other states and at the federal level, the amount of the EITC available to families with three or more children is the same as that available for families with only two children, despite the fact that larger families are more likely to need extra help. In Wisconsin, a family with three or more children qualifies for a state credit equal to 43 percent of the federal credit, significantly more than the 14 percent credit available for families with only two children.

  • Maryland expanded the refundable EITC from 20 percent to 25 percent and extended the credit to filers without qualifying children, including low-income non-custodial fathers who often lack government assistance.

  • Delaware has created an annual EITC campaign to help reach the third of the state's taxpayers that are eligible for this tax break, but do not currently take advantage of it. With the help of community groups, the state enlists over 400 volunteers to assist with free tax preparation and inform citizens about to claim the EITC.

    The EITC can also be provided on the local level, as was done in Montgomery County, Md., in 1999, Denver in 2002, New York City in 2002, and San Francisco in 2004. In Montgomery County, every recipient of the state EITC is provided with additional assistance from county funds. And in Denver, the city's EITC benefit is taken from TANF funding, and set as a percentage of the federal benefit.

    Resources for Action

    Nina Manzi and Joel Michael, The Federal Earned Income Tax Credit and the Minnesota Working Family Credit, Minnesota House of Representatives Research Department, January 2006
    www.house.leg.state.mn.us/hrd/issinfo/sseitcwfc.htm

    Summary of Montgomery Count (MD) proposal, July 13, 1999
    www.montgomerycountymd.gov/mcgtmpl.asp?
    url=/content/finance/CountyTaxes/Info%20Taxes/reviews.ASP

    Montgomery County Code
    www.amlegal.com/montgomery_county_md/

    National Conference of State Legislatures, Earned Income Tax Credits (EITC) http://www.ncsl.org/statefed/welfare/eitc.htm#states

    State EITC Online Resource Center
    http://www.stateeitc.org/

    IRS Earned Income Tax Credit Website http://www.irs.gov/individuals/article/0,,id=96406,00.html

    Additional Reading

    Katie McMinn Campbell and Will Marshall, Making Work Pay: for Men Too, November 2007
    http://www.ppionline.org/ppi_ci.cfm?contentid=254496
    &subsecid=143&knlgAreaID=114

    Ami Nagel and Nicholas Johnson, A Hand Up: How State Earned Income Tax Credits Help Working Families Escape Poverty in 2006, Center on Budget and Policy Priorities, March 8, 2006
    www.cbpp.org/3-8-06sfp.htm

    IRS Earned Income Tax Credit Website
    www.irs.gov/individuals/article/0,,id=96406,00.html

    Will Marshall, Ed Kilgore, and Lyn A. Hogan, Work First: A Proposal to Replace Welfare With an Employment System, March 2, 1995
    www.dlc.org/ndol_ci.cfm?contentid=2089&kaid=114&subid=143

    David R. Riemer, Tax Relief for Working Families, Blueprint, February 7, 2001
    www.dlc.org/ndol_ci.cfm?contentid=2983&kaid=114&subid=144

    Rob Lott, "Mayor's Spread EITC's Benefit," Blueprint, April 15, 2003
    www.dlc.org/ndol_ci.cfm?contentid=251489
    &kaid=104&subid=117

    First-Ever City-Sponsored Earned Income Tax Credit
    www.denvergov.org/newsarticle.asp?id=3647

    Contacts

    Paul Weinstein
    Chief Operating Officer
    Progressive Policy Institute
    600 Pennsylvania Ave, SE, Suite 400
    Washington, DC 20003
    (202) 547-0001
    (202) 544-5014 (fax)
    pweinstein@ppionline.org

    Katie Campbell
    Policy Analyst
    Progressive Policy Institute
    600 Pennsylvania Ave., SE, Suite 400
    (202) 546-0007
    (202) 544-5002 (fax)
    kcampbell@ppionline.org