110 HR 6737 IH: Education Tax Deduction for All Act of U.S. House of Representatives 2008-07-31 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 110th CONGRESS 2d Session H. R. 6737 IN THE HOUSE OF REPRESENTATIVES July 31, 2008 Mr. Hoekstra (for himself, Mr. Miller of Florida, Mr. Walberg, Mr. Tiberi, Mr. Feeney, and Mr. Shadegg) 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 allow individuals with children attending an elementary or secondary school a deduction for each child attending a public school equal to 25 percent of the State’s average per pupil public education spending and, for each child attending a private or home school, a deduction equal to 100 percent of such average.

1.

Short title

This Act may be cited as the Education Tax Deduction for All Act of 2008.

2.

Deduction for parents having children in public, private, or home schools at the elementary or secondary school level

(a)

In general

Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section:

224.

Deduction for parents having children in public, private, or home schools at the elementary or secondary school level

(a)

Allowance of deduction

In the case of an individual, there shall be allowed as a deduction, for each qualifying student of the taxpayer, an amount equal to the applicable percentage of the average public education per-pupil expenditure for the applicable State. (b)

Applicable percentage

For purposes of this section, the term applicable percentage means, with respect to a qualifying student— (1)25 percent if such student is a student at a public school for the school year ending in the taxpayer’s taxable year, and (2)100 percent if such student is a student at any other school (including a home school) for such school year. (c)

Qualifying student

For purposes of this section, the term qualifying student means any qualifying child (as defined in section 152(c)) of the taxpayer who is a full-time student in any of grades kindergarten through grade 12 in any school for the school year ending during the taxpayer’s taxable year. (d)

Applicable state

For purposes of this section, the term applicable State means— (1)except as provided in paragraph (2), the State in which the school is located, or (2)in the case of a private school, the State which includes the principal place of abode described in section 152(c)(1)(B). (e)

Average public education per-pupil expenditure; school

For purposes of this section— (1)

Average public education per-pupil expenditure

The term average public education per-pupil expenditure means, with respect to a State, the average per-pupil expenditure (as defined in section 9101(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(2)) for such State, as determined for the most recent fiscal year ending before the close of the school year. (2)

School

The term school means any school (including a home school) if attendance at such school satisfies the compulsory attendance requirements of State law. (f)

Students attending more than 1 school during school year

In the case of an individual who is a student at more than 1 school during a school year, this section shall be applied by taking into account— (1)the school that such individual attends more than any other school for such year, or (2)if such individual attends 2 or more schools in equal amounts (and one of such schools would be described in paragraph (1) but for the other such schools), then the school in the State having the highest average public education per-pupil expenditure shall be the school taken into account under this section.

. (b)

Deduction allowed whether or not taxpayer itemizes deductions

Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (21) the following new paragraph: (22)

Deduction for parents having children in public, private, or home schools at the elementary or secondary school level

The deduction allowed by section 224. . (c)

Clerical amendment

The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: Sec. 224. Deduction for parents having children in public, private, or home schools at the elementary or secondary school level. Sec. 225. Cross reference. . (d)

Effective date

The amendments made by this section shall apply to school years ending in taxable years beginning after the date of the enactment of this Act.