H.R. 640 (103rd): Family Home-Care Act of 1992

HR 640 IH

103d CONGRESS

1st Session

H. R. 640

To amend the Internal Revenue Code of 1986 to provide a refundable credit for individuals who provide long-term care for family members at home.

IN THE HOUSE OF REPRESENTATIVES

January 26, 1993

Mr. SANDQUIST introduced the following bill; which was referred to the Committee on Ways and Means

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A BILL

To amend the Internal Revenue Code of 1986 to provide a refundable credit for individuals who provide long-term care for family members at home.

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 ‘Family Home-Care Act of 1992’.

SEC. 2. REFUNDABLE CREDIT FOR LONG-TERM CARE OF FAMILY MEMBERS AT HOME.

(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 redesignating section 35 as section 36 and by inserting after section 34 the following new section:

‘SEC. 35. CREDIT FOR LONG-TERM CARE OF FAMILY MEMBERS AT HOME.

‘(a) IN GENERAL- In the case of an individual who shares a principal place of abode for more than one-half of the taxable year with 1 or more qualified persons, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $10,000 for each such person.

‘(b) DEFINITIONS- For purposes of this section--

‘(1) QUALIFIED PERSON- The term ‘qualified person’ means any individual who--

‘(A) is a parent, grandparent, dependent (as defined in section 152), or spouse of the taxpayer,

‘(B) is determined by a physician to have an impairment which--

‘(i) renders the individual physically or mentally incapable of caring for himself or herself, and

‘(ii) has lasted, or is expected to last, at least 6 months, and

‘(C) shares a principal place of abode for more than one-half of the taxable year with the taxpayer.

‘(2) PHYSICIAN- The term ‘physician’ means a doctor of medicine or osteopathy legally authorized to practice medicine or surgery in the jurisdiction in which he makes the determination under paragraph (1).

‘(c) MULTIPLE ELIGIBLE TAXPAYERS- If more than 1 individual is eligible for the credit under subsection (a) for any taxable year on the basis of the same qualified person--

‘(1) the individuals shall be jointly limited to 1 such credit for such year, and

‘(2) the amount of the credit shall be allocated among the individuals in the manner prescribed by the Secretary.

‘(d) REGULATIONS- The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.’

(b) CLERICAL AMENDMENT- The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following new items:

‘Sec. 35. Credit for long-term care of family members at home.

‘Sec. 36. Overpayments of tax.’

(c) EFFECTIVE DATE- The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

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