I 118th CONGRESS 2d Session H. R. 7393 IN THE HOUSE OF REPRESENTATIVES February 15, 2024 Ms. Stevens 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 credit for certain home accessibility improvements.

1. Refundable tax credit for certain home accessibility improvements (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 36C. Credit for certain home accessibility improvements (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to 35 percent of the qualified home accessibility improvement expenditures paid or incurred during such taxable year with respect to a qualified individual of the taxpayer. (b) Limitations (1) Dollar limitation The aggregate amount of qualified home accessibility improvement expenditures taken into account under subsection (a) by any taxpayer for any taxable year shall not exceed the excess (if any) of— (A) $15,000, over (B) the aggregate amount of such expenditures so taken into account for all prior taxable years. (2) Income limitation (A) In general The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as— (i) the amount (if any) by which the taxpayer’s modified adjusted gross income exceeds the applicable threshold amount, bears to (ii) the applicable phaseout range. (B) Applicable threshold amount For purposes of this paragraph, the term applicable threshold amount means, with respect to any taxpayer— (i) $400,000, in the case of a joint return or surviving spouse (as defined in section 2), (ii) $200,000, in the case of a head of household, and (iii) $200,000, in any other case. (C) Applicable phaseout range For purposes of this paragraph, the term applicable phaseout range means, with respect to any taxpayer— (i) $100,000, in the case of a joint return or surviving spouse (as defined in section 2), (ii) $75,000, in the case of a head of household, and (iii) $50,000, in any other case. (D) Modified adjusted gross income For purposes of this paragraph, the term modified adjusted gross income means adjusted gross income determined without regard to sections 911, 931, and 933. (c) Qualified individual For purposes of this section— (1) In general The term qualified individual means, with respect to any taxpayer for any taxable year— (A) such taxpayer if such taxpayer (either spouse in the case of a joint return)— (i) is, at any time during such taxable year, entitled, based on blindness or disability, to— (I) pension benefits under title 38, United States Code, or (II) benefits under title II or XVI of the Social Security Act, (ii) has (as of the close of such taxable year) attained age 65 and is entitled (at any time during such taxable year) to— (I) pension benefits under title 38, United States Code, or (II) benefits under title XVI of the Social Security Act, (iii) has (as of the close of such taxable year) attained the retirement age (as defined in section 216(l) of the Social Security Act) and is entitled (at any time during such taxable year) to benefits under title II of the Social Security Act, or (iv) has a disability certification filed with the Secretary for such taxable year, and (B) the spouse or any dependent of the taxpayer if such spouse or dependent— (i) meets the requirements of clause (i), (ii), (iii), or (iv) of subparagraph (A), and (ii) has the same principal place of abode as the taxpayer. (2) Disability certification (A) In general The term disability certification means, with respect to an individual, a certification to the satisfaction of the Secretary by a physician meeting the criteria of section 1861(r)(1) of the Social Security Act that— (i) certifies that the individual has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, or is blind (within the meaning of section 1614(a)(2) of the Social Security Act), and (ii) includes a copy of the individual’s diagnosis relating to the individual's relevant impairment or impairments, signed by such physician. (B) Restriction on use of certification No inference may be drawn from a disability certification for purposes of establishing eligibility for benefits under title II, XVI, or XIX of the Social Security Act. (d) Qualified home accessibility improvement expenditures For purposes of this section— (1) In general The term qualified home accessibility improvement expenditures means reasonable amounts paid or incurred by the taxpayer to make qualified improvements to the taxpayer’s principal place of abode for the purpose of making such place of abode more accessible to the individual with the blindness or disability referred to in subsection (c). (2) Qualified improvements The term qualified improvements means— (A) the installation of ramps, (B) the installation of zero-step entrances, (C) the widening of doors and hallways, (D) modifications of counters, (E) bathroom accessibility improvements, (F) installation, replacement, or modification of appliances to make them more accessible to individuals with a vision impairment, and (G) such other improvements as are specified by the Secretary after consultation with the Secretary of Health and Human Services. (e) Special rules (1) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2023, each of the dollar amounts in subsections (b)(1)(A), (b)(2)(B), and (b)(2)(C) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence which is not a multiple of $50 shall be rounded to the nearest multiple of $50. (2) Substantiation No credit shall be allowed under this section unless the taxpayer provides (at such time and in such manner as the Secretary may provide) such substantiation of the taxpayer’s eligibility for the credit allowed under this section (and the amount thereof) as the Secretary may require. (3) Denial of double benefit To the extent that an expenditure is used for this credit in a given year, it cannot be used or applied towards another tax benefit in the same taxable year by the same taxpayer. (4) Married individuals filing separate returns In the case of any married individual who does not file a joint return for the taxable year, no credit shall be allowed under this section for such taxable year. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting 36C, after 36B, . (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (3) 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. Credit for certain home accessibility improvements. . (c) Issuance of guidance by Secretary of the Treasury Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate) shall issue regulations or other guidance under subsection (d)(2)(E) of section 36C of the Internal Revenue Code of 1986 (as added by this section), which the Secretary of the Treasury (or the Secretary’s delegate) shall ensure is publicly available on the internet, specifying the list of additional improvements with respect to which credit is allowable under such section. The Secretary shall biannually revise such list of additional improvements. (d) Accessability of credit The Commissioner of Internal Revenue shall make the credit allowed under section 36C of the Internal Revenue Code of 1986 (as added by this section) as accessible as possible to the public. (e) Outreach The Commissioner of Internal Revenue shall conduct an outreach strategy to the public with respect to the credit allowed under section 36C of the Internal Revenue Code of 1986 (as added by this section). (f) Data sharing by the Commissioner of Social Security and Secretary of Veterans Affairs The Commissioner of Social Security and the Secretary of Veterans Affairs shall each provide the Secretary of the Treasury (or the Secretary’s delegate) such information and assistance as the Secretary of the Treasury (or the Secretary’s delegate) may require for purposes of administering section 36C of the Internal Revenue Code of 1986 (as added by this section). (g) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2025.