I 111th CONGRESS 1st Session H. R. 517 IN THE HOUSE OF REPRESENTATIVES January 14, 2009 Mr. Israel (for himself, Mr. Rodriguez, Mr. Ryan of Ohio, Mr. Weiner, Ms. Bean, and Ms. Shea-Porter) 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 modify the dependent care credit to take into account expenses for care of parents and grandparents who do not live with the taxpayer.

1.

Short title

This Act may be cited as the Elder Care Tax Credit Act of 2009.

2.

Findings

Congress finds the following: (1)Approximately two-thirds of the 5.5 million seniors over age 65 who receive long-term care rely exclusively on family, friends, and other informal caregivers. (2)Two in ten adults age 41 to 59 are supporting their parents financially, and slightly more than one in ten are providing financial help to a parent while also raising or supporting a child. (3)Adults who provide care for an aging relative have extensive costs. Long-distance caregivers spend an average of $8,728 annually, and those who care for someone nearby spend $4,570.

3.

Modification of credit for expenses for household and dependent care services necessary for gainful employment

(a)

Credit allowed for costs incurred To care for parents and grandparents who do not live with the taxpayer

(1)

In general

Paragraph (1) of section 21(b) of the Internal Revenue Code of 1986 (relating to qualifying individual) is amended by striking or at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , or, and by adding at the end the following new subparagraph: (D)a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), (d)(1)(B), and (d)(1)(C)) who is the father or mother of the taxpayer (or an ancestor of such father or mother) and who is physically or mentally incapable of caring for himself or herself. . (2)

Conforming amendment

Subparagraph (B) of section 21(b)(1) of such Code is amended by inserting (other than a dependent described in subparagraph (D)) after and (d)(1)(B)). (b)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2008.