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PROPOSED RULECOMMENTS CLOSED OCTOBER 5, 2026

Application of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to the Refunded Portion of Certain Federal Refundable Tax Credits

Treasury Department / Internal Revenue Service

This document contains proposed regulations that would provide that the refunded portion of certain refundable Federal income tax credits available to individuals is a "Federal public benefit" under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). As a result, aliens who are not "qualified aliens" under PRWORA would be ineligible to receive the refunded portion of these refundable credits. These regulations would generally affect taxpayers claiming the following Federal income tax credits: the adoption tax credit, the American opportunity tax credit, the child tax credit, and the earned income credit. As required by PRWORA, this document also provides notice to the public and notifies recipients of proposed changes regarding eligibility for the refunded portion of such Federal income tax credits under PRWORA.

Published August 20, 2026Document 2026-16985

What happens next

The comment period closed on October 5, 2026. The agency now reviews the comments. If it goes ahead, it publishes a final rule in the Federal Register that responds to significant comments. We link it here when it appears. See what is open for comment now.

From the Federal Register as of November 3, 2026. Deadlines can change; the official document governs. Not legal advice.

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