118 HR 6171 IH: Living Organ Donor Tax Credit Act of 2023 U.S. House of Representatives 2023-11-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS1st Session H. R. 6171 IN THE HOUSE OF REPRESENTATIVES November 2, 2023 Mr. Wilson of South Carolina (for himself and Mr. Nadler) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to provide a refundable credit to individuals who donate certain life-saving organs.

1.

Short title

This Act may be cited as the Living Organ Donor Tax Credit Act of 2023.

2.

Credit for donation of certain life-saving organs

(a)

In general

Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section:

36C.

Donation of certain life-saving organs

(a)

In general

In the case of an individual who donates a qualified life-saving organ of such individual for transplantation into another individual during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1)costs paid by the taxpayer in connection with such transplantation, (2)travel, lodging, and other logistical expenses, (3)medical expenses related to donation and follow-up care, (4)paperwork or legal costs related to donation, and (5)any lost wages of the individual in connection with such transplantation. (b)

Limitation

The credit allowed under subsection (a) with respect to any individual for any taxable year shall not exceed $5,000. (c)

Definitions and special rules

For purposes of this section— (1)

Qualified life-saving organ

The term qualified life-saving organ means kidney, liver, lung, pancreas, intestine, bone marrow, or any part thereof. (2)

Restriction to living donors

Credit shall not be allowed under subsection (a) unless the individual is alive when the qualified life-saving organ is removed from such individual. (3)

Transplant must be in accordance with United States law

Credit shall not be allowed under subsection (a) unless the donation and transplantation occurs within, and in accordance with the laws of, the United States. (4)

Donation

Except as provided in regulations by the Secretary, an organ shall not be treated as donated unless and until such organ is removed from the donor. (5)

Reimbursed expenses not taken into account

There shall not be taken into account under subsection (a) any amounts reimbursed by any person or entity, public or private.

. (b)

Public Health Service Act and National Organ Transplant Act amendments

(1)

Coordination with Federal living organ donation grants

Section 377(d) of the Public Health Service Act is amended by inserting that such individual has been allowed, or reasonably expects to be allowed, a tax credit under section 36C of the Internal Revenue Code of 1986 or before that payment has been made. (2)

Tax credit not unlawful compensation

Section 301(c)(2) of the National Organ Transplant Act is amended by inserting the tax credit allowed under section 36C of the Internal Revenue Code of 1986 or after does not include. (c)

Conforming amendment

Section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B,. (d)

Clerical amendment

The table of sections of such subpart is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Donation of certain life-saving organs.. (e)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2)

Public Health Service Act and National Organ Transplant Act amendments

The amendments made by subsection (b) shall take effect on the date of the enactment of this Act.