PREFILED JAN 04 2018
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REFERENCE TITLE: family caregiver income tax credit. |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2087 |
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Introduced by Representative Carter
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AN ACT
amending section 43-222, Arizona Revised Statutes; amending title 43, chapter 10, article 5, Arizona Revised Statutes, by adding section 43‑1073.01; relating to income tax credits.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 43-222, Arizona Revised Statutes, is amended to read:
43-222. Income tax credit review schedule
The joint legislative income tax credit review committee shall review the following income tax credits:
1. For years ending in 0 and 5, sections 43‑1079.01, 43‑1087, 43‑1088, 43-1089.04, 43‑1167.01 and 43‑1175.
2. For years ending in 1 and 6, sections 43‑1074.02, 43‑1083, 43‑1083.02, 43‑1164.03 and 43‑1183.
3. For years ending in 2 and 7, sections 43‑1073, 43‑1080, 43‑1085, 43‑1086, 43‑1089, 43‑1089.01, 43‑1089.02, 43-1089.03, 43‑1164, 43‑1169 and 43‑1181.
4. For years ending in 3 and 8, sections 43-1073.01, 43‑1074.01, 43‑1081, 43‑1168, 43‑1170 and 43‑1178.
5. For years ending in 4 and 9, sections 43‑1076, 43‑1081.01, 43‑1083.04, 43‑1084, 43‑1162, 43‑1164.05, 43‑1170.01 and 43‑1184 and, beginning in 2019, sections 43‑1083.03 and 43‑1164.04.
Sec. 2. Title 43, chapter 10, article 5, Arizona Revised Statutes, is amended by adding section 43-1073.01, to read:
43-1073.01. Family caregiver income tax credit; definition
A. For taxable years beginning from and after December 31, 2018 and subject to the terms and conditions of this section, a credit is allowed against the taxes imposed by this chapter for a taxpayer who incurs qualifying expenses during the taxable year for the care and support of a qualifying family member in the taxpayer's home.
B. To qualify for the credit under this section:
1. the taxpayer must file a return as a resident of this state.
2. The taxpayer's Arizona gross income in the taxable year may not exceed:
(a) Seventy-five thousand dollars in the case of a single person or a married person filing separately.
(b) One hundred fifty thousand dollars in the case of a married couple filing a joint return.
3. The taxpayer must incur qualifying expenses during the taxable year for the care of one or more qualifying family members.
C. The amount of the credit is equal to fifty percent of the qualifying expenses incurred during the taxable year but not more than one thousand dollars.
D. For the purposes of this section:
1. Qualifying expenses must relate directly to the care or support of a qualifying family member and include:
(a) The improvement or alteration of the taxpayer's primary residence, whether owned or rented by the taxpayer, to enable or assist the qualifying family member to be mobile, safe or independent.
(b) The purchase or lease of equipment to enable or assist the qualifying family member to carry out one or more daily living activities.
(c) The acquisition of other goods, services or support to assist the taxpayer in caring for the qualifying family member, including employing a home care aide or personal care attendant or securing adult day care, transportation, legal or financial services or assistive care technology.
2. Qualifying expenses do not include:
(a) Regular food, clothing or transportation expenses or gifts provided to the qualifying family member.
(b) Ordinary household maintenance or repair that is not directly related to and necessary for the care of the qualifying family member.
(c) Any amount that is paid or reimbursed by insurance or by the federal government, this state or a political subdivision of this state.
3. In the case of married persons filing separately, only one spouse may claim the credit under this section.
4. If more than one taxpayer qualifies for credit under this section with respect to the same qualifying family member in the same taxable year, the amount of the credit, within the limits prescribed by subsection C of this section, shall be apportioned between or among the qualifying taxpayers according to the respective expense amounts incurred.
E. If the allowable amount of the credit exceeds the taxes otherwise due under this title for the taxable year, the unused amount of the credit is waived, and may not be refunded, carried forward or otherwise used to offset taxes.
F. For the purposes of this section, "qualifying family member" means an individual who meets all of the following requirements:
1. Is at least eighteen years of age during the taxable year.
2. Requires assistance with one or more daily living activities, as certified by a physician who is licensed pursuant to title 32, chapter 13 or 17.
3. Is the taxpayer's spouse or the taxpayer's or spouse's descendant, stepchild, parent, stepparent, ancestor, sibling, uncle or aunt, whether of the whole or half blood or by adoption.
Sec. 3. Purpose
Pursuant to section 43-223, Arizona Revised Statutes, the legislature enacts section 43-1073.01, Arizona Revised Statutes, as added by this act, to mitigate the costs incurred by taxpayers who provide unreimbursed care in their homes for a qualifying adult family member who requires assistance in daily living activities.