111 HR 218 IH: Living Organ Donor Tax Credit Act of 2009 U.S. House of Representatives 2009-01-06 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 111th CONGRESS 1st Session H. R. 218 IN THE HOUSE OF REPRESENTATIVES January 6, 2009 Mr. Wilson of South Carolina 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 nonrefundable personal 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 2009.

2.

Credit for donation of certain life-saving organs

(a)

In general

Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section:

25E.

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 chapter for the taxable year the sum of— (1)unreimbursed costs paid by the taxpayer in connection with such transplantation, and (2)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)

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.

. (b)

Public Health Service Act and National Organ Transplant Act amendments

(1)

Federal living organ donation grants reduced by tax credit

Section 377(d) of the Public Health Service Act is amended by inserting that a tax credit is allowed, or can reasonably be expected to be allowed, under section 25E 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 25E of the Internal Revenue Code of 1986 or after does not include. (c)

Clerical amendment

The table of sections of such subpart is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Donation of certain life-saving organs. . (d)

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.