[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8688 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8688

To amend the Internal Revenue Code of 1986 to provide a refundable tax 
 credit to seniors who install modifications on their residences that 
       would enable them to age in place, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 2020

Mr. Crist (for himself, Mr. Delgado, and Mrs. Lawrence) 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 provide a refundable tax 
 credit to seniors who install modifications on their residences that 
       would enable them to age in place, and for other purposes.

    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 ``Senior Accessible Housing Act''.

SEC. 2. HOME MODIFICATION CREDIT FOR SENIORS.

    (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 36B the following:

``SEC. 36C. HOME MODIFICATION CREDIT FOR SENIORS.

    ``(a) Allowance of Credit.--In the case of a qualified individual, 
there shall be allowed as a credit against the tax imposed by this 
subtitle for the taxable year an amount equal to the aggregate 
qualified expenditures made by the taxpayer with respect to a qualified 
residence during such year.
    ``(b) Limitations.--
            ``(1) Limitation based on adjusted gross income.--
                    ``(A) In general.--The amount of the credit 
                allowable under subsection (a) shall be reduced (but 
                not below zero) by $1 for each $2 (or fraction thereof) 
                by which the taxpayer's modified adjusted gross income 
                exceeds the threshold amount.
                    ``(B) Threshold amount.--For purposes of 
                subparagraph (A), the term `threshold amount' means--
                            ``(i) $150,000 in the case of a joint 
                        return, and
                            ``(ii) $100,000 in any other case.
                    ``(C) Modified adjusted gross income.--For purposes 
                of this paragraph, the term `modified adjusted gross 
                income' means adjusted gross income--
                            ``(i) increased by any amount excluded from 
                        gross income under section 911, 931, or 933, 
                        and
                            ``(ii) reduced by any amount of social 
                        security benefits (as defined in section 86(d)) 
                        which is included in gross income under section 
                        86 for the taxable year.
                    ``(D) Marital status.--For purposes of this 
                paragraph, marital status shall be determined under 
                section 7703.
            ``(2) Lifetime credit limitation.--The amount allowed as a 
        credit under subsection (a) (determined after the application 
        of paragraph (1)) with respect to the taxpayer for any taxable 
        year shall not exceed the excess (if any) of--
                    ``(A) $30,000, over
                    ``(B) the aggregate amount allowed as a credit 
                under subsection (a) to such taxpayer for all prior 
                taxable years.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified individual.--The term `qualified 
        individual' means an individual who has attained 60 years of 
        age.
            ``(2) Qualified expenditure.--The term `qualified 
        expenditure' means an expenditure for any of the following 
        modifications installed on a qualified residence:
                    ``(A) The installation of entrance and exit ramps.
                    ``(B) The widening of doorways.
                    ``(C) The installation of handrails or grab bars.
                    ``(D) The installation of non-slip flooring.
                    ``(E) A modification that is included in a list 
                established and maintained in accordance with 
                subsection (d)(2).
            ``(3) Qualified residence.--The term `qualified residence' 
        has the meaning given that term in section 163(h)(4)(A).
    ``(d) Special Rules.--
            ``(1) Labor costs.--Expenditures for labor costs properly 
        allocable to the onsite preparation, assembly, or original 
        installation of a modification described under subsection 
        (c)(2) and for piping or wiring to interconnect such 
        modification to the dwelling unit shall be taken into account 
        for purposes of this section.
            ``(2) List of modifications.--The Secretary, in 
        consultation with the Secretary of Health and Human Services 
        and after receiving the input of members of the public 
        (including seniors groups, health organizations, and social 
        services organizations), shall establish and maintain a list of 
        any modification that, if installed on a residence of a 
        qualified individual, would enhance the ability of such 
        individual to remain living safely, independently, and 
        comfortably in such residence.
            ``(3) When expenditure made.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a qualified expenditure shall be 
                treated as made when the original installation of the 
                modification is completed.
                    ``(B) Expenditures as part of building 
                construction.--In the case of a qualified expenditure 
                in connection with the construction or reconstruction 
                of a structure, such expenditure shall be treated as 
                made when the original use of the constructed or 
                reconstructed structure by the taxpayer begins.
    ``(e) Basis Adjustments.--For purposes of this subtitle, if a 
credit is allowed under this section for any expenditure with respect 
to any property, the increase in the basis of such property which would 
(but for this subsection) result from such expenditure shall be reduced 
by the amount of the credit so allowed.
    ``(f) Credit May Be Assigned.--
            ``(1) In general.--If the taxpayer elects the application 
        of this subsection for any taxable year, any portion of the 
        credit determined under this section (after the application of 
        subsection (b)) for such year which would (but for this 
        subsection) be allowable to the taxpayer may be assigned to any 
        person who is an eligible designee. The person so designated 
        shall be allowed the amount of the credit so assigned and shall 
        be treated as the taxpayer with respect to such credit for 
        purposes of this title (other than this paragraph), except that 
        such credit shall be treated as a credit listed in section 
        38(b) for such taxable year (and not allowed under subsection 
        (a)).
            ``(2) Eligible designee.--For purposes of paragraph (1), 
        the term `eligible designee' means any person who--
                    ``(A) with respect to the qualified residence, 
                makes any modification described in subsection (c)(2) 
                with respect to which the credit allowable under 
                subsection (a) is attributable,
                    ``(B) is licensed by the local governmental 
                jurisdiction in which the qualified residence is 
                located to make the modification or installation, and
                    ``(C) is credentialed in aging home modification by 
                an entity approved by the Secretary of Health and Human 
                Services pursuant to section 2(b) of the Senior 
                Accessible Housing Act.
            ``(3) Election requirements.--Any election under paragraph 
        (1) shall include such information and shall be made at such 
        time, and in such form and manner, as the Secretary shall by 
        regulation prescribe.''.
    (b) Certification Requirements.--For purposes of section 
36C(f)(2)(C) of the Internal Revenue Code of 1986, the Secretary of 
Health and Human Services may approve a third-part entity to certify 
persons qualified in the area of accessible home modifications and 
independent living. In determining whether to approve a person, the 
Secretary shall ensure that certifications cover home modification 
solutions for aging at home, local and State building regulations, 
construction standards, and appropriateness of modifications.
    (c) Conforming Amendments.--
            (1) Section 38(b) of such Code is amended by striking 
        ``plus'' at the end of paragraph (32), by striking the period 
        at the end of paragraph (33) and inserting ``, plus'', and by 
        adding at the end the following new paragraph:
            ``(34) the portion of the home modification credit for 
        seniors assigned to the taxpayer under section 36C(f).''.
            (2) Section 1016(a) of such Code is amended by striking 
        ``and'' at the end of paragraph (37), by striking the period at 
        the end of paragraph (38) and inserting ``; and'', and by 
        inserting after paragraph (38) the following:
            ``(39) to the extent provided in section 36C(e), in the 
        case of amounts with respect to which a credit has been allowed 
        under section 36E.''.
            (3) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting ``36C,'' after ``36B,''.
    (d) 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 36B the 
following new item:

``Sec. 36C. Home modification credit for seniors.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2020.
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