Apply the IRC § 21(e)(2)/(4) filing-status rules to Wisconsin, New York, and Hawaii CDCC provisions#8855
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…visions Wisconsin: Wis. Stat. 71.07(9g)(c)4. and 71.05(6)(b)43.e. subject claimants to the special rules in IRC 21(e)(2) and (4), but the 2024+ credit branch (Act 101) and the subtraction bypassed the gated federal variables. Both now multiply by cdcc_filing_status_eligible. New York: Form IT-216 requires qualifying for the federal credit and applies the 21(e)(2)/(4) rules, but ny_cdcc replicated the federal calculation without the gate. NYC's credit inherits the fix via ny_cdcc. Hawaii: HRS 235-55.6(e)(2) allows a married taxpayer the credit only on a joint return (with the (e)(4) living-apart exception); hi_cdcc_eligible now requires cdcc_filing_status_eligible. HRS 235-55.6(d)(2) deems earned income only for a spouse who is a student or incapable of caring for oneself, so hi_cdcc_income_floor_eligible now requires a married head or spouse and uses is_incapable_of_self_care instead of is_disabled. Adds MFS and separated-filer regression tests for WI, NY, HI, and PA (the PA case restores the end-to-end MFS test deferred from PolicyEngine#8704). Co-Authored-By: Claude Fable 5 <noreply@anthropic.com>
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Summary
Fixes the three state CDCC bugs confirmed by the statute verification in #8826: Wisconsin, New York, and Hawaii pay their child and dependent care provisions to married-filing-separately filers whose statutes deny them, and Hawaii additionally over-applies its deemed earned income floor. All three are pre-existing gaps — these code paths bypass the federal variables that #8704 gated — surfaced by the post-#8704 state-coupling audit.
Addresses the WI, NY, and HI items in #8826.
Wisconsin — 2024+ credit and subtraction miss the § 21(e)(2)/(4) gate
Wis. Stat. § 71.07(9g)(c)4. and § 71.05(6)(b)43.e. each provide that a claimant "is subject to the special rules in 26 USC 21 (e)(2) and (4)". 2023 Act 101 replaced only the § 21(c) expense cap with Wisconsin's own $10,000 limit — the rest of § 21, including the joint-return requirement, is imported, and the 2024 Schedule WI-2441 instructions limit eligibility to single/HoH/MFJ filers.
The model's pre-2024 path multiplies the federal
cdcc_potentialand inherited the gate from #8704, but the 2024+ standalone branch ofwi_childcare_expense_credit_potentialand thewi_childcare_expense_subtractioncompute from WI's own caps with the ungatedcdcc_rate. Both now multiply bycdcc_filing_status_eligible. Also repairs the subtraction's reference metadata (two URLs were concatenated into one string) and adds the statute link.New York — replica credit misses the filing-status gate
ny_cdccrebuilds the federal credit from components (cdcc_relevant_expenses×ny_cdcc_rate×cdcc_rate) without the gate, so an MFS filer kept a NY credit that § 21(e)(2) denies. The IT-216 instructions require qualifying for the federal credit and state the married-filing-separately rule with the considered-unmarried exception (living apart the last six months, qualifying person in the home more than half the year, over half the cost of keeping up the home) — § 21(e)(2)/(4) exactly.ny_cdccnow multiplies bycdcc_filing_status_eligible;nyc_cdccreadsny_cdccand inherits the fix.Hawaii — missing joint-return gate; deeming over-applied; wrong disability standard
HRS § 235-55.6:
hi_cdcc_eligibleonly checkedcount_cdcc_eligible > 0; it now also requirescdcc_filing_status_eligible(HI's qualifying-individual definition tracks federal § 21(b)(1)/(e)(5), so the federal gate is exact).hi_cdcc_income_floor_eligiblewas person-level (is_disabled | is_full_time_student) with no marriage requirement, so a single disabled filer's $0 earnings were floored to $2,400, manufacturing a credit HRS gives as $0. It now mirrors the federalcdcc_income_floor_eligible: head/spouse, married, student or incapable of self-care.is_incapable_of_self_care(which HI's qualifying-individual count already used via the federal chain) instead of the broaderis_disabled.Confirmed correct and unchanged: HI's $2,400/$4,800 floor amounts ((d)(2)(A)/(B) $200/$400 monthly) and the two-incapacitated-spouses-count-as-one inheritance.
Reproductions (before → after)
Tests
is_incapable_of_self_care; new regressions for the single-filer and disabled-but-capable-spouse cases; the HI integration suite swaps to the correct disability variable with expectations unchanged and adds a SEPARATE case.gov/irs/credits/cdcctree — 132 passed. NY suites left to CI (locally slow per NY EITC/CTC formulas clone the full tax-benefit system on every call — CI memory blowup #8114; the NY change is a single multiplicative gate).Out of scope (tracked in #8826)
The SC § 21(e)(4) decision item, the VA/ID/OR/MN/WI expense-base conformity gap, and the AR/VT/MD tangential flags.
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