Evacuees Tax Relief Act of 2011 - Amends the Internal Revenue Code to allow individual taxpayers to elect either a tax credit or tax deduction for up to $5,000 of their voluntary or mandatory evacuation expenses due to a disaster.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2080 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2080
To amend the Internal Revenue Code of 1986 to allow individuals either
a credit against income tax or a deduction for expenses paid or
incurred by reason of a voluntary or mandatory evacuation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 1, 2011
Mr. Paul 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 either
a credit against income tax or a deduction for expenses paid or
incurred by reason of a voluntary or mandatory evacuation.
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 ``Evacuees Tax Relief Act of 2011''.
SEC. 2. EVACUATION EXPENSES.
(a) Credit for Evacuation Expenses.--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. EVACUATION EXPENSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified evacuation
expenses paid or incurred by the individual during the taxable year.
``(b) Dollar Limitation.--With respect to an individual, the
aggregate amount of qualified evacuation expenses which may be taken
into account under subsection (a) for all taxable years during the
credit allowance period shall not exceed $5,000.
``(c) Qualified Evacuation Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified evacuation expenses'
means, with respect to any taxable year during the credit
allowance period, the sum of all expenses paid or incurred by
the individual during such taxable year by reason of a
qualified evacuation. Such expenses shall include travel and
lodging expenses as do not exceed $1,000, lost wages, and any
property damage not compensated for by insurance or otherwise.
``(2) Qualified evacuation.--With respect to an individual,
the term `qualified evacuation' means a voluntary or mandatory
evacuation ordered by reason of a qualified disaster (as
defined in section 139(c)) of an area in which such individual
resides on the date of such disaster.
``(3) Credit allowance period.--With respect to a qualified
evacuation, the term `credit allowance period' means the
taxable year or years during which the evacuation occurred and
each of the 3 succeeding taxable years.
``(d) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to an
individual under subpart C shall be increased by the lesser
of--
``(A) the credit which would be allowed under this
section without regard to this subsection, or
``(B) the amount by which the aggregate amount of
credits allowed by this subpart (determined without
regard to this subsection) would increase if the
limitation imposed by section 26(a) were increased by
the individual's social security taxes for the taxable
year.
The amount of the credit allowed under this subsection shall
not be treated as a credit allowed under this subpart and shall
reduce the amount of credit otherwise allowable under
subsection (a).
``(2) Social security taxes.--For purposes of paragraph
(1)--
``(A) In general.--The term `social security taxes'
means, with respect to any taxpayer for any taxable
year--
``(i) the amount of the taxes imposed by
section 3101 and 3201(a) on amounts received by
the taxpayer during the calendar year in which
the taxable year begins,
``(ii) 50 percent of the taxes imposed by
section 1401 on the self-employment income of
the taxpayer for the taxable year, and
``(iii) 50 percent of the taxes imposed by
section 3211(a)(1) on amounts received by the
taxpayer during the calendar year in which the
taxable year begins.
``(B) Coordination with special refund of social
security taxes.--The term `social security taxes' shall
not include any taxes to the extent the taxpayer is
entitled to a special refund of such taxes under
section 6413(c).
``(C) Special rule.--Any amounts paid pursuant to
an agreement under section 3121(l) (relating to
agreements entered into by American employers with
respect to foreign affiliates) which are equivalent to
the taxes referred to in subparagraph (A)(i) shall be
treated as taxes referred to in such paragraph.
``(e) 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.
``(f) Election Not To Have Section Apply.--An individual may elect
not to have this section apply with respect to the qualified evacuation
expenses of the individual for any taxable year.''.
(b) Deduction for Evacuation Expenses.--
(1) 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 EVACUATION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the qualified
evacuation expenses paid or incurred by the individual during the
taxable year.
``(b) Dollar Limitation.--With respect to an individual, the
aggregate amount of qualified evacuation expenses which may be taken
into account under subsection (a) for all taxable years during the
deduction allowance period shall not exceed $5,000.
``(c) Qualified Evacuation Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified evacuation expenses'
means, with respect to any taxable year during the deduction
allowance period, the sum of all expenses paid or incurred by
the individual during such taxable year by reason of a
qualified evacuation. Such expenses shall include travel and
lodging expenses as do not exceed $1,000, lost wages, and any
property damage not compensated for by insurance or otherwise.
``(2) Qualified evacuation.--With respect to an individual,
the term `qualified evacuation' means a voluntary or mandatory
evacuation ordered by reason of a qualified disaster (as
defined in section 139(c)) of an area in which such individual
resides on the date of such disaster.
``(3) Deduction allowance period.--With respect to a
qualified evacuation, the term `deduction allowance period'
means the taxable year or years during which the evacuation
occurred and each of the 3 succeeding taxable years.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.
``(e) Election Not To Have Section Apply.--An individual may elect
not to have this section apply with respect to the qualified evacuation
expenses of the individual for any taxable year.''.
(2) Deduction allowed whether or not individual 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 evacuation expenses.--The deduction
allowed by section 224.''.
(c) Clerical Amendments.--
(1) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25D the following new item:
``Sec. 25E. Evacuation expenses.''.
(2) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the last item and
inserting the following new items:
``Sec. 224. Deduction for evacuation expenses.
``Sec. 225. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1010)
Referred to the House Committee on Ways and Means.
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