[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8401 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8401
To amend the Internal Revenue Code of 1986 to modify the low-income
housing tax credit to incentivize affordable and transit-oriented
development and development in certain difficult development areas, and
for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 15, 2022
Mr. Kahele (for himself and Mr. Case) 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 modify the low-income
housing tax credit to incentivize affordable and transit-oriented
development and development in certain difficult development areas, 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 ``Transit Oriented Development Act of
2022''.
SEC. 2. LOW-INCOME HOUSING TAX CREDIT FOR TRANSIT-ORIENTED DEVELOPMENT
AREAS.
(a) In General.--Section 42(d)(5) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(C) Increase in credit for buildings in transit-
oriented development areas.--
``(i) In general.--In the case of any
building located in a transit-oriented
development area which is designated for
purposes of this subparagraph--
``(I) in the case of a new
building, the eligible basis of such
building shall be 180 percent of such
basis determined without regard to this
subparagraph, and
``(II) in the case of an existing
building, the rehabilitation
expenditures taken into account under
subsection (e) shall be 180 percent of
such expenditures determined without
regard to this subparagraph.
``(ii) Transit-oriented development area.--
For purposes of this subparagraph, the term
`transit-oriented development area' means an
area designated by the Secretary of Housing and
Urban Development and State housing credit
agency as located in an area within \1/2\ of a
mile from a rail, bus, harbor, or waterway
station and as zoned for high-density.
``(iii) Limit on areas designated.--The
portions of metropolitan statistical areas
which may be designated for purposes of this
subparagraph shall not exceed an aggregate area
having 20 percent of the population of such
metropolitan statistical areas. A comparable
rule shall apply to nonmetropolitan statistical
areas.
``(iv) Coordination with high cost areas.--
If the eligible basis of a new building, or the
rehabilitation expenditures with respect to an
existing building, are determined pursuant to
subparagraph (B), such building shall not be
treated as located in a transit-oriented
development area for purposes of this
subparagraph.''.
(b) Effective Date.--The amendment made by this section shall apply
to buildings placed in service after the date of the enactment of this
Act.
SEC. 3. LOW-INCOME HOUSING TAX CREDIT FOR DIFFICULT DEVELOPMENT AREAS
IN NON-CONTIGUOUS STATES AND POSSESSIONS.
(a) In General.--Section 42(d)(5)(B) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new clause:
``(vi) Special rule for non-contiguous
states and possessions.--In the case of Hawaii,
Alaska, and any possession of the United
States, subclauses (I) and (II) of clause (i)
shall each be applied by substituting `170
percent' for `130 percent'.''.
(b) Effective Date.--The amendment made by this section shall apply
to buildings placed in service after the date of the enactment of this
Act.
SEC. 4. HUD STUDY REGARDING ADJUSTMENT OF TAX CREDIT ALLOCATIONS TO
REFLECT GEOGRAPHIC COST-OF-LIVING DIFFERENCES.
The Secretary of Housing and Urban Development shall conduct a
study to identify cost-of-living differences throughout the United
States based on geographic location and proximity and accessibility to
transit. Not later than the expiration of the 1-year period beginning
on the date of the enactment of this Act, the Secretary shall submit a
report to the Congress setting forth the results and conclusions of the
study and recommending formulas for the adjustment of annual
allocations to the States of low-income housing tax credits under
section 42 of the Internal Revenue Code of 1986 (26 U.S.C. 42) to
reflect such cost-of -living differences.
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