Allows individual taxpayers residing in the Hurricanes Katrina and Rita core disaster areas an exclusion from gross income, for federal income tax purposes, for a certain amount of their income earned in 2005 within such disaster areas.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4445 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4445
To provide an exclusion from gross income for income earned in 2005
from sources within the Hurricanes Katrina and Rita core disaster area.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2005
Mr. Jindal introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To provide an exclusion from gross income for income earned in 2005
from sources within the Hurricanes Katrina and Rita core disaster area.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXCLUSION OF INCOME FOR RESIDENTS OF THE HURRICANES KATRINA
AND RITA CORE DISASTER AREA.
(a) General Rule.--In the case of an individual, there shall be
excluded from gross income for each taxable year beginning during
calendar year 2005 an amount equal to the qualified earned income of
the taxpayer.
(b) Limitation Based on Foreign Earned Income Exclusion Rule.--
(1) In general.--The amount which may be excluded under
subsection (a) for any taxable year shall not exceed the amount
of qualified earned income computed on a daily basis at an
annual rate equal to the exclusion amount for the calendar year
in which such taxable year begins.
(2) Exclusion amount.--For purposes of paragraph (1), the
exclusion amount is the amount in effect for calendar year 2005
under section 911(b)(2) of the Internal Revenue Code of 1986.
(c) Qualified Earned Income.--For purposes of this section--
(1) In general.--The term ``qualified earned income'' means
earned income (as defined by section 911(d)(2) of such Code) of
a qualified individual. For purposes of the preceding sentence,
rules similar to the rules of section 911(b) of such Code shall
apply.
(2) Qualified individual.--The term ``qualified
individual'' means an individual whose tax home is in the
Hurricanes Katrina and Rita core disaster area and--
(A) who is a citizen or resident of the United
States and establishes to the satisfaction of the
Secretary that he has been a bona fide resident of the
Hurricanes Katrina and Rita core disaster area for the
uninterrupted period which includes the entire taxable
year beginning in 2005,
(B) who is a citizen or resident of the United
States and who, during calendar year 2005, is present
in such core disaster area during at least 330 full
days in such year, or
(C) whose earned income for the immediately
preceding taxable year attributable to sources within
the Hurricanes Katrina and Rita core disaster area is
greater than 50 percent of such individual's total
earned income for such taxable year.
(3) Tax home.--The term ``tax home'' means, with respect to
any individual, such individual's home for purposes of section
162(a)(2) of such Code (relating to traveling expenses while
away from home). An individual shall not be treated as having a
tax home in the Hurricanes Katrina and Rita core disaster area
for any period for which his abode is within the United States
outside of the Hurricanes Katrina and Rita core disaster area.
(4) Hurricanes katrina and rita core disaster area.--
(A) In general.--The term ``Hurricanes Katrina and
Rita core disaster area'' means that portion of the
Hurricane Katrina disaster area and the Hurricane Rita
disaster area determined by the President to warrant
individual or individual and public assistance from the
Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act by reason
of Hurricane Katrina or Hurricane Rita.
(B) Hurricane katrina disaster area.--The term
``Hurricane Katrina disaster area'' means an area with
respect to which a major disaster has been declared by
the President before September 14, 2005, under section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of Hurricane
Katrina.
(C) Hurricane rita disaster area.--The term
``Hurricane Rita disaster area'' means an area with
respect to which a major disaster has been declared by
the President, before October 6, 2005, under section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of Hurricane Rita.
(5) Waiver of period of stay.--Notwithstanding paragraph
(2), an individual who--
(A) is a bona fide resident of, or is present in,
the Hurricanes Katrina and Rita core disaster area for
any period,
(B) leaves the Hurricanes Katrina and Rita core
disaster area by reason of Hurricane Katrina or
Hurricane Rita--
(i) during any period during which the
Secretary determines that individuals were
required to leave such area because of adverse
conditions in such area which precluded the
normal conduct of business by such individuals,
and
(ii) before meeting the requirements of
paragraph (1), and
(iii) establishes to the satisfaction of
the Secretary that such individual could
reasonably have been expected to have met such
requirements but for the conditions referred to
in clause (i),
shall be treated as a qualified individual with respect
to the period described in subparagraph (A) during
which he was a bona fide resident of, or was present
in, such core disaster area and in applying subsection
(b) with respect to such individual, only the days
within such period shall be taken into account.
(d) Secretary Defined.--For purposes of this section, the term
``Secretary'' means the Secretary of the Treasury or the Secretary's
delegate.
(e) Amounts Excluded Treated as Section 911 Exclusion for Purposes
of Internal Revenue Code of 1986.--For purposes of the Internal Revenue
Code of 1986, any amount excluded under this section shall be treated
as an amount to excluded under section 911 of such Code.
(f) Rule of Interpretation.--This section shall be interpreted and
applied using the principles of section 911 of such Code.
(g) Regulations.--The Secretary shall prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section. Such regulations shall be similar to the regulations
prescribed under section 911(d)(9) of such Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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