Toxic Drywall Homeowner Relief Act of 2010 - Amends the Internal Revenue Code to allow a deduction from gross income for the cost of removing and remediating drywall installed in a principal residence between 2004 and 2009 which is reasonably believed to have been manufactured in China and which contains elevated levels of sulphur or strontium.
Allows an additional deduction for the taxpayer's alternative living costs, and a tax credit of up to $1,000 for the cost of moving from a principal residence to temporary lodging, while drywall in such residence is being evaluated, removed, and replaced.
Terminates the tax deductions and credit allowed by this Act after 2011.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4881 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4881
To amend the Internal Revenue Code of 1986 to allow individuals a
deduction for costs incurred to remediate the presence of drywall
containing elevated levels of sulphur or strontium in the principal
residence of the taxpayer, a deduction for alternative living costs
incurred by reason of the need to vacate such residence because of such
drywall, and a credit against income tax for the costs of moving to and
from the temporary living quarters.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2010
Mr. Wittman 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 allow individuals a
deduction for costs incurred to remediate the presence of drywall
containing elevated levels of sulphur or strontium in the principal
residence of the taxpayer, a deduction for alternative living costs
incurred by reason of the need to vacate such residence because of such
drywall, and a credit against income tax for the costs of moving to and
from the temporary living quarters.
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 ``Toxic Drywall Homeowner Relief Act
of 2010''.
SEC. 2. DEDUCTION FOR COSTS TO REMEDIATE THE PRESENCE OF DRYWALL
CONTAINING ELEVATED LEVELS OF SULPHUR OR STRONTIUM IN THE
PRINCIPAL RESIDENCE OF THE TAXPAYER AND FOR TEMPORARY
ALTERNATIVE LIVING COSTS INCURRED BY REASON OF THE
PRESENCE OF SUCH DRYWALL.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. DEDUCTION FOR COSTS TO REMEDIATE THE PRESENCE OF DRYWALL
CONTAINING ELEVATED LEVELS OF SULPHUR OR STRONTIUM IN THE
PRINCIPAL RESIDENCE OF THE TAXPAYER AND FOR TEMPORARY
ALTERNATIVE LIVING COSTS INCURRED BY REASON OF THE
PRESENCE OF SUCH DRYWALL.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a deduction an amount equal to--
``(1) the qualified drywall removal and remediation costs
paid or incurred by the taxpayer during the taxable year, and
``(2) the qualified alternative living costs so paid or
incurred.
``(b) Dollar Limitations.--
``(1) Drywall removal and remediation costs.--The deduction
allowed by this section for qualified drywall removal and
remediation costs for any taxable year shall not exceed the
excess of--
``(A) $20,000, over
``(B) the deduction allowed to the taxpayer by this
section for qualified drywall removal and remediation
costs for all prior taxable years.
``(2) Qualified alternative living costs.--The deduction
allowed by this section for qualified alternative living costs
for any taxable year shall not exceed the excess of--
``(A) $12,000, over
``(B) the deduction allowed to the taxpayer by this
section for qualified alternative living costs for all
prior taxable years.
No more than $1,000 of such costs may be taken into account for
any month.
``(c) Definitions.--For purposes of this section--
``(1) Eligible individual.--The term `eligible individual'
means any individual if--
``(A) drywall was installed in the principal
residence of such individual after 2004 and before
2009, and
``(B) it is reasonable to believe that the
drywall--
``(i) was manufactured in the People's
Republic of China, or
``(ii) contains elevated levels of sulphur
or strontium.
``(2) Qualified drywall removal and remediation costs.--The
term `qualified drywall removal and remediation costs' means
costs incurred--
``(A) to remove drywall containing elevated levels
of sulphur or strontium from the principal residence of
the taxpayer and to replace the drywall,
``(B) to remove and replace electrical system
components and appliances which corroded by reason of
the presence of such drywall,
``(C) to carry out other remediation activities
recommended by the Consumer Product Safety Commission
by reason of such drywall, and
``(D) for building inspections associated with any
of the foregoing.
``(3) Qualified alternative living costs.--The term
`qualified alternative living costs' means costs for lodging
(not lavish or extravagant under the circumstances) occupied by
the taxpayer for a reasonable period--
``(A) while the taxpayer is determining whether the
taxpayer's principal residence has drywall containing
elevated levels of sulphur or strontium, and
``(B) while such drywall is being removed and
replaced.
``(4) Principal residence.--The term `principal residence'
has the meaning given to such term by section 121.
``(d) Certain Rules To Apply.--Rules similar to the rules under
paragraphs (4), (5), (6), and (7) of section 25D(e) shall apply for
purposes of this section.
``(e) Application of Section.--The section shall apply only to
taxable years beginning after December 31, 2008, and before January 1,
2012.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) Deduction for costs to remove and replace certain
drywall and for temporary alternative living costs.--The
deduction allowed by section 224.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as relating to section 225 and by
inserting after the item relating to section 223 the following new
item:
``Sec. 224. Deduction for costs to remediate the presence of drywall
containing elevated levels of sulphur or
strontium in the principal residence of the
taxpayer and for temporary alternative
living costs incurred by reason of the
presence of such drywall.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. CREDIT FOR MOVING COSTS ASSOCIATED WITH VACATING TAXPAYER'S
PRINCIPAL RESIDENCE BY REASON OF DRYWALL CONTAINING
ELEVATED LEVELS OF SULPHUR OR STRONTIUM.
(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:
``SEC. 25E. MOVING COSTS ASSOCIATED WITH VACATING TAXPAYER'S PRINCIPAL
RESIDENCE BY REASON OF DRYWALL CONTAINING ELEVATED LEVELS
OF SULPHUR OR STRONTIUM.
``(a) In General.--In the case of an eligible individual (as
defined in section 224(c)), there shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
the qualified moving costs paid or incurred by the taxpayer during the
taxable year.
``(b) Maximum Credit.--The aggregate costs taken into account under
subsection (a) with respect to moves from and to the taxpayer's
principal residence shall not exceed $1,000.
``(c) Qualified Moving Costs.--For purposes of this section, the
term `qualified moving costs' means costs incurred--
``(1) to move from the taxpayer's principal residence
(within the meaning of section 121) to temporary lodging to be
occupied by the taxpayer--
``(A) while the taxpayer is determining whether the
taxpayer's principal residence has drywall containing
elevated levels of sulphur or strontium, and
``(B) while such drywall is being removed and
replaced, and
``(2) to move from such lodging back to such residence.
``(d) Application of Section.--The section shall apply only to
taxable years beginning after December 31, 2008, and before January 1,
2012.''.
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Moving costs associated with vacating taxpayer's principal
residence by reason of drywall containing
elevated levels of sulphur or strontium.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line