[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2305 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2305
To amend the Internal Revenue Code of 1986 to provide a refundable tax
credit to seniors who install modifications on their residences that
would enable them to age in place, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2021
Mr. Crist (for himself, Mr. Delgado, and Mrs. Lawrence) introduced the
following bill; which was referred to the Committee on Ways and Means
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A BILL
To amend the Internal Revenue Code of 1986 to provide a refundable tax
credit to seniors who install modifications on their residences that
would enable them to age in place, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Accessible Housing Act''.
SEC. 2. HOME MODIFICATION CREDIT FOR SENIORS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36B the following:
``SEC. 36C. HOME MODIFICATION CREDIT FOR SENIORS.
``(a) Allowance of Credit.--In the case of a qualified individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the aggregate
qualified expenditures made by the taxpayer with respect to a qualified
residence during such year.
``(b) Limitations.--
``(1) Limitation based on adjusted gross income.--
``(A) In general.--The amount of the credit
allowable under subsection (a) shall be reduced (but
not below zero) by $1 for each $2 (or fraction thereof)
by which the taxpayer's modified adjusted gross income
exceeds the threshold amount.
``(B) Threshold amount.--For purposes of
subparagraph (A), the term `threshold amount' means--
``(i) $150,000 in the case of a joint
return, and
``(ii) $100,000 in any other case.
``(C) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means adjusted gross income--
``(i) increased by any amount excluded from
gross income under section 911, 931, or 933,
and
``(ii) reduced by any amount of social
security benefits (as defined in section 86(d))
which is included in gross income under section
86 for the taxable year.
``(D) Marital status.--For purposes of this
paragraph, marital status shall be determined under
section 7703.
``(2) Lifetime credit limitation.--The amount allowed as a
credit under subsection (a) (determined after the application
of paragraph (1)) with respect to the taxpayer for any taxable
year shall not exceed the excess (if any) of--
``(A) $30,000, over
``(B) the aggregate amount allowed as a credit
under subsection (a) to such taxpayer for all prior
taxable years.
``(c) Definitions.--For purposes of this section--
``(1) Qualified individual.--The term `qualified
individual' means an individual who has attained 60 years of
age.
``(2) Qualified expenditure.--The term `qualified
expenditure' means an expenditure for any of the following
modifications installed on a qualified residence:
``(A) The installation of entrance and exit ramps.
``(B) The widening of doorways.
``(C) The installation of handrails or grab bars.
``(D) The installation of non-slip flooring.
``(E) A modification that is included in a list
established and maintained in accordance with
subsection (d)(2).
``(3) Qualified residence.--The term `qualified residence'
has the meaning given that term in section 163(h)(4)(A).
``(d) Special Rules.--
``(1) Labor costs.--Expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of a modification described under subsection
(c)(2) and for piping or wiring to interconnect such
modification to the dwelling unit shall be taken into account
for purposes of this section.
``(2) List of modifications.--The Secretary, in
consultation with the Secretary of Health and Human Services
and after receiving the input of members of the public
(including seniors groups, health organizations, and social
services organizations), shall establish and maintain a list of
any modification that, if installed on a residence of a
qualified individual, would enhance the ability of such
individual to remain living safely, independently, and
comfortably in such residence.
``(3) When expenditure made.--
``(A) In general.--Except as provided in
subparagraph (B), a qualified expenditure shall be
treated as made when the original installation of the
modification is completed.
``(B) Expenditures as part of building
construction.--In the case of a qualified expenditure
in connection with the construction or reconstruction
of a structure, such expenditure shall be treated as
made when the original use of the constructed or
reconstructed structure by the taxpayer begins.
``(e) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(f) Credit May Be Assigned.--
``(1) In general.--If the taxpayer elects the application
of this subsection for any taxable year, any portion of the
credit determined under this section (after the application of
subsection (b)) for such year which would (but for this
subsection) be allowable to the taxpayer may be assigned to any
person who is an eligible designee. The person so designated
shall be allowed the amount of the credit so assigned and shall
be treated as the taxpayer with respect to such credit for
purposes of this title (other than this paragraph), except that
such credit shall be treated as a credit listed in section
38(b) for such taxable year (and not allowed under subsection
(a)).
``(2) Eligible designee.--For purposes of paragraph (1),
the term `eligible designee' means any person who--
``(A) with respect to the qualified residence,
makes any modification described in subsection (c)(2)
with respect to which the credit allowable under
subsection (a) is attributable,
``(B) is licensed by the local governmental
jurisdiction in which the qualified residence is
located to make the modification or installation, and
``(C) is credentialed in aging home modification by
an entity approved by the Secretary of Health and Human
Services pursuant to section 2(b) of the Senior
Accessible Housing Act.
``(3) Election requirements.--Any election under paragraph
(1) shall include such information and shall be made at such
time, and in such form and manner, as the Secretary shall by
regulation prescribe.''.
(b) Certification Requirements.--For purposes of section
36C(f)(2)(C) of the Internal Revenue Code of 1986, the Secretary of
Health and Human Services may approve a third-part entity to certify
persons qualified in the area of accessible home modifications and
independent living. In determining whether to approve a person, the
Secretary shall ensure that certifications cover home modification
solutions for aging at home, local and State building regulations,
construction standards, and appropriateness of modifications.
(c) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (32), by striking the period
at the end of paragraph (33) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(34) the portion of the home modification credit for
seniors assigned to the taxpayer under section 36C(f).''.
(2) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (37), by striking the period at
the end of paragraph (38) and inserting ``; and'', and by
inserting after paragraph (38) the following:
``(39) to the extent provided in section 36C(e), in the
case of amounts with respect to which a credit has been allowed
under section 36E.''.
(3) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C,'' after ``36B,''.
(d) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 36B the
following new item:
``Sec. 36C. Home modification credit for seniors.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2020.
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