[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3958 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3958

  To amend the Internal Revenue Code to provide for a refundable tax 
                       credit for heating fuels.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2009

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

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code to provide for a refundable tax 
                       credit for heating fuels.

    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 ``Heating Energy Assistance Tax Credit 
Act of 2009''.

SEC. 2. REFUNDABLE CREDIT FOR HOME HEATING.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to refundable credits) 
is amended by inserting after section 36A the following new section:

``SEC. 36B. HOME HEATING CREDIT.

    ``(a) Allowance of Credit.--In the case of an eligible individual, 
there shall be allowed as a credit against the tax imposed by this 
chapter for the taxable year an amount equal to amounts paid or 
incurred by the taxpayer during the taxable year to heat the principal 
place of abode of the taxpayer.
    ``(b) Limitations.--
            ``(1) Limitation based on dollar amount.--The amount 
        allowed as a credit under subsection (a) for a taxable year 
        shall not exceed $1,000 ($2,000 in the case of a joint return).
            ``(2) Limitation based on adjusted gross income.--In the 
        case of a taxpayer whose adjusted gross income for the taxable 
        year--
                    ``(A) is greater than $75,000 but not more than 
                $100,000 (in the case of a joint return, greater than 
                $150,000 but not more than $200,000), paragraph (1) 
                shall be applied by substituting `$500' for `$1,000' 
                (in the case of a joint return, `$1,000' for `$2,000'), 
                and
                    ``(B) is greater than $100,000 ($200,000 in the 
                case of a joint return), the amount allowed as a credit 
                under subsection (a) shall be zero.
    ``(c) Eligible Individual.--For purposes of this section--
            ``(1) In general.--The term `eligible individual' means any 
        individual whose principal place of abode is in the United 
        States.
            ``(2) Exception.--Except as provided in paragraph (3), such 
        term shall not include any individual--
                    ``(A) who is not a citizen or lawful permanent 
                resident of the United States, or
                    ``(B) with respect to whom a deduction under 
                section 151 is allowed to another taxpayer for a 
                taxable year beginning in the calendar year in which 
                such individual's taxable year begins.
            ``(3) Special rule for married individuals.--In the case of 
        persons married to each other, if one spouse is an eligible 
        individual, the other spouse shall be treated as an eligible 
        individual.
    ``(d) Denial of Double Benefit.--No credit shall be allowed under 
subsection (a) for any expense for which a deduction or credit is 
allowed under any other provision of this chapter.''.
    (b) Conforming Amendments.--
            (1) Subparagraph (A) of section 6211(b)(4) of such Code is 
        amended by inserting ``36B,'' after ``36A,''.
            (2) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting ``36B,'' after ``36A,''.
    (c) Clerical Amendment.--The table of sections for subpart C of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after the item relating to section 36A the 
following new item:

``Sec. 36B. Home heating credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2009.
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