Text: H.R.2774 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Introduced in House (07/22/2013)


113th CONGRESS
1st Session
H. R. 2774

To amend the Internal Revenue Code of 1986 to provide a credit against tax for hurricane and tornado mitigation expenditures.


IN THE HOUSE OF REPRESENTATIVES
July 22, 2013

Mr. Bilirakis introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To amend the Internal Revenue Code of 1986 to provide a credit against tax for hurricane and tornado mitigation expenditures.

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 “Hurricane and Tornado Mitigation Investment Act of 2013”.

SEC. 2. Nonrefundable personal credit for hurricane and tornado mitigation property.

(a) In general.—Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:

“SEC. 25E. Hurricane and tornado mitigation property.

“(a) Allowance of credit.—In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during such taxable year.

“(b) Maximum credit.—The credit allowed under subsection (a) for any taxable year shall not exceed $5,000.

“(c) Qualified hurricane and tornado mitigation expenditure.—For purposes of this section—

“(1) IN GENERAL.—The term ‘qualified hurricane and tornado mitigation property expenditure’ means an expenditure for property—

“(A) to improve the strength of a roof deck attachment,

“(B) to create a secondary water barrier to prevent water intrusion,

“(C) to improve the durability of a roof covering,

“(D) to brace gable-end walls,

“(E) to reinforce the connection between a roof and supporting wall,

“(F) to protect openings from penetration by windborne debris, or

“(G) to protect exterior doors and garages,

in a qualified dwelling unit located in the United States and owned by the taxpayer.

“(2) QUALIFIED DWELLING UNIT.—The term ‘qualified dwelling unit’ means a dwelling unit that is assessed at a value that is less than $1,000,000 by the locality in which such dwelling unit is located and with respect to the taxable year for which the credit described in subsection (a) is allowed.

“(d) Limitation.—An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector.

“(e) Labor costs.—For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.

“(f) Inspection costs.—For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.”.

(b) Conforming amendment.—The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item:


“Sec. 25E. Hurricane and tornado mitigation property.”.

(c) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

SEC. 3. Business-related credit for hurricane and tornado mitigation.

(a) In general.—Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45R the following new section:

“SEC. 45S. Hurricane and tornado mitigation credit.

“(a) General rule.—For purposes of section 38, the hurricane and tornado mitigation credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.

“(b) Maximum credit.—The amount of the credit determined under subsection (a) for any taxable year shall not exceed $5,000.

“(c) Qualified hurricane and tornado mitigation expenditure.—For purposes of this section—

“(1) IN GENERAL.—The term ‘qualified hurricane and tornado mitigation property expenditure’ means an expenditure for property—

“(A) to improve the strength of a roof deck attachment,

“(B) to create a secondary water barrier to prevent water intrusion,

“(C) to improve the durability of a roof covering,

“(D) to brace gable-end walls,

“(E) to reinforce the connection between a roof and supporting wall,

“(F) to protect openings from penetration by windborne debris, or

“(G) to protect exterior doors and garages,

in a qualified place of business located in the United States and owned by the taxpayer.

“(2) QUALIFIED PLACE OF BUSINESS.—The term ‘qualified place of business’ means a place of business that is assessed at a value that is less than $5,000,000 by the locality in which such business is located and with respect to the taxable year for which the credit described in subsection (a) is allowed.

“(d) Limitation.—An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector.

“(e) Labor costs.—For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.

“(f) Inspection costs.—For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.”.

(b) Conforming amendments.—

(1) Section 38(b) of such Code is amended by striking “plus” at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting “, plus”, and by adding at the end the following new paragraph:

“(37) the hurricane and tornado mitigation credit determined under section 45S(a).”.

(2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item:


“Sec. 45S. Hurricane and tornado mitigation credit.”.


(c) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2012.