Overview
Title
To provide rental vouchers for the homeless, and for other purposes.
ELI5 AI
H.R. 6970 is a bill that wants to help people who don't have homes by giving them special tickets to pay for rent, and it also has ideas to help people buy houses for the first time. It is like a big plan to make sure everyone has a nice place to live, and it talks about working together and using money wisely to do that.
Summary AI
H.R. 6970, or the "Decent, Affordable, Safe Housing for All Act" (DASH Act), aims to address homelessness by providing rental vouchers to individuals and families experiencing or at risk of homelessness, with a specific focus on those earning less than 50% of the area median income. It mandates cooperation between public housing agencies and child welfare services to ensure effective distribution of vouchers and supportive services. The bill also includes provisions for land acquisition, rural housing reinvestment, housing preservation, and tax incentives related to housing credits for extremely low-income households. Additionally, new homeowner incentives like a first-time homebuyer refundable credit are outlined to support affordable home ownership.
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AnalysisAI
The proposed legislation, known as the "Decent, Affordable, Safe Housing for All Act" or "DASH Act," presents a multifaceted approach to addressing housing affordability and homelessness in the United States. The bill proposes various measures, including providing rental vouchers for the homeless, supporting rural housing, offering tax incentives for low-income housing development, and granting tax credits to first-time homebuyers. Additionally, it introduces specific provisions for entities involved in constructing or rehabilitating housing in low-income and distressed communities.
General Summary
The primary aim of the DASH Act is to improve housing affordability and safety for diverse income brackets, particularly low-income individuals and families. It seeks to address homelessness through rental vouchers, encourage the development of affordable housing in rural and urban areas, and incentivize energy-efficient construction practices. The bill also proposes several tax credits and funding allocations to support community redevelopment and increase homeownership rates among low- and middle-income populations.
Significant Issues
One notable concern is the lack of explicit criteria and oversight mechanisms for the allocation of rental vouchers intended to reduce homelessness. Without clear guidelines, there is potential for inefficiencies and ineffective use of resources. Moreover, the provision allowing specific tax-exempt bond financing for certain periods might favor specific developers, raising questions regarding equitable application.
A critical point is the discretion granted to state agencies in the application of housing credits, particularly for housing developments serving extremely low-income households. The absence of standardized guidelines could result in inconsistent application among states, questioning the uniformity of these incentives.
The prohibition of considering local government approval and contribution could contrast starkly with the necessity for local input in housing developments, thereby souring federal-local relations. Additionally, redefining real estate transaction terms may lead to disputes, as stakeholders might have differing interpretations of their rights.
The proposed renters credit introduces complex rules that could lead to inconsistent applications, primarily concerning the determination of family incomes and credit allocations. Furthermore, the bill does not establish robust oversight or accountability measures for the substantial appropriations under the McKinney-Vento Homeless Assistance Act, which could lead to unchecked spending.
Broad Public Impact
The bill has the potential to transform housing availability and affordability in various communities, particularly underserved or economically distressed areas. By increasing the supply of affordable housing and supporting homelessness prevention, the DASH Act could lessen housing insecurity for many families. Innovations like modular construction and energy-efficient housing can also make housing more sustainable and accessible.
However, the complexities inherent in the implementation of these measures, such as varied interpretations of income criteria and eligibility for tax credits, may lead to limited or delayed benefits for the intended recipients. Additionally, the changes brought by the bill could shift economic dynamics in certain regions, particularly where federal and local interests are not aligned.
Impact on Stakeholders
Positive Impact: - Homeless Individuals and Low-Income Families: The increased availability of rental vouchers and affordable housing can significantly improve living conditions and reduce homelessness in target demographics. - Developers and Construction Firms: Tax credits and financing support for projects can facilitate new development ventures, especially in economically disadvantaged areas.
Negative Impact: - Local Governments: Removing local approval requirements might undermine local planning efforts and hinder tailored community growth strategies. - Smaller Nonprofit Organizations: The complex regulatory requirements could disproportionately burden smaller organizations compared to more resource-rich counterparts, potentially limiting their participation in affordable housing initiatives.
In summary, the DASH Act holds considerable promise for enhancing housing security and affordability across the nation. However, thoughtful consideration must be given to ensuring consistent application, effective oversight, and coordination with local stakeholders to prevent potential inefficiencies and conflicts.
Financial Assessment
The "Decent, Affordable, Safe Housing for All Act" (DASH Act) makes several financial allocations aimed at addressing homelessness and enhancing housing affordability. Analyzing these financial references provides insights into both the intentions and challenges posed by the bill.
Financial Allocations and Spending:
Rental Vouchers for the Homeless: The bill authorizes significant financial commitments to address homelessness through the provision of rental vouchers. $300 million is authorized annually for administrative fees related to these vouchers from fiscal years 2023 through 2028. An additional $500 million is authorized for fiscal years 2023 and 2024 for capacity building for public housing agencies. These funds aim to facilitate the efficient administration and distribution of vouchers to eligible recipients.
Land Acquisition and Construction: The bill allocates up to $10 billion annually to the Housing Trust Fund from fiscal years 2023 through 2033. This is intended for allocation to states for land acquisition and construction projects that support affordable housing development.
Modular Construction Pilot Program: The Secretary is authorized $2 million annually from 2023 to 2028 to promote modular construction techniques. These funds will cover up to 75% of project costs, encouraging innovation in housing construction, although the potential impact on broader housing availability may be limited due to the relatively modest amount allocated.
Rural Housing Reinvestment: Various programs under this section are authorized significant funding, such as $78 million annually for farm labor housing loans and grants, $100 million annually for rural rental housing loans, and $2.5 billion annually for rural rental assistance. These appropriations aim to address the unique housing challenges faced in rural areas, ensuring availability and affordability.
Pro-Housing Development Support: Grants to support pro-housing development are authorized at $4 billion annually from 2023 through 2028. This considerable financial commitment aims to promote housing projects that meet specific development criteria, yet the lack of detailed accountability measures could lead to inefficient use of funds, as noted in the issues.
Permanent Appropriations: Regarding the McKinney-Vento Homeless Assistance Act, the bill provides for permanent unspecified appropriations, signaling a long-term commitment to addressing homelessness through continuous funding. However, the absence of definitive oversight raises concerns about the effective utilization of these resources.
Relation to Issues Identified:
The bill's sizable financial commitments, particularly towards rental vouchers and pro-housing development, align with its goal of improving housing accessibility. However, the identified issues suggest potential inefficiencies and gaps in accountability which could undermine these efforts. For example, without clear criteria for the allocation of rental vouchers, there is a risk of misallocation or inefficiencies in how these substantial funding streams are applied.
The change in tax-exempt bond financing requirements potentially favors certain developers, raising concerns about equitable financial distribution and the sufficiency of these incentives in meeting the bill's broader goals. Similarly, the absence of local government input in housing credit allocation could strain federal-local relationships, potentially complicating implementation at the local level.
In summarizing, the DASH Act includes comprehensive financial measures aimed at tackling homelessness and promoting affordable housing development. While commendable in scope, the bill may face challenges in execution due to potential inefficiencies and inadequate oversight of these substantial financial resources.
Issues
The bill does not specify clear criteria or oversight for the allocation of rental vouchers and their effectiveness in reducing homelessness, which raises concerns about potential inefficiencies and wasteful spending. (Section 111)
The amendment of the tax-exempt bond financing rule to allow 25% instead of 50% financing for certain buildings issues between 2024-2028 could disproportionately benefit certain developers and lead to preferential treatment. (Section 201)
The reserved State allocation for buildings to serve extremely low-income households lacks clear guidelines, potentially leading to inconsistent application across states and questions about the sufficiency of incentives to meet the intended goals. (Section 203)
The prohibition of local approval and contribution requirements in the allocation of housing credit could undermine the role of local governments and lead to federal-local tensions. (Section 209)
The change in definition from 'right of first refusal' to 'option' in real estate transactions may create ambiguity and potentially enable manipulation or disputes among stakeholders. (Section 208)
The section on 'Inclusion of Indian areas as difficult development areas' may inadvertently favor specific organizations, limiting broader applicability and transparency. (Section 204)
The significant allocation of funds for pro-housing development lacks specific metrics and accountability measures, potentially leading to inefficient use of large sums of money. (Section 114)
The provision for the renters credit introduces complexity in rules and criteria, which may lead to varying interpretations and application errors, particularly concerning family income determinations and reallocations. (Section 212)
The bill establishes no clear oversight or accountability measures regarding the substantial permanent appropriations for McKinney-Vento Homeless Assistance Act grants, leading to potential wasteful spending. (Section 115)
The eligibility criteria for middle-income tax credits involve complex regulations which could lead to confusion and potential noncompliance, particularly in defining 'qualified middle-income building' and 'credit period.' (Section 213)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The DASH Act outlines various provisions for improving housing affordability and safety. It includes initiatives like rental vouchers for the homeless, rural housing support, tax incentives for low-income housing, and credits for first-time homebuyers.
111. Rental vouchers for the homeless Read Opens in new tab
Summary AI
This section amends the United States Housing Act of 1937 to provide rental vouchers for individuals and families experiencing or at risk of homelessness. It outlines definitions, procedures for providing and managing these vouchers, requirements for public housing agencies, supportive services, capacity building, and state accountability measures to ensure the vouchers help reduce homelessness effectively.
Money References
- “(III) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $300,000,000 for each of fiscal years 2023 through 2028 for the fee described in subclause (I).
- — “(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $500,000,000 for each of fiscal years 2023 and 2024 to provide funding for capacity building to eligible public housing agencies.
- “(G) ADMINISTRATIVE NEEDS OF HUD.— “(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $15,000,000 for each of fiscal years 2023 through 2027 to the Secretary for the administrative needs of the Department of Housing and Urban Development and regional offices of the Department in carrying out the voucher program under this paragraph. “(ii) PROHIBITION.—None of the funds made available under this subparagraph may be used to provide raises or bonuses to any employee of the Department of Housing and Urban Development in an amount that is more than 10 percent of the annual gross salary of the employee.”
112. Land acquisition and construction Read Opens in new tab
Summary AI
In this section, it explains that $10 billion is set aside each year from 2023 to 2033 to help create affordable housing for people with very low or extremely low incomes. It also lays out rules for using these funds, giving priority to homeless individuals and families in the first few years, and requires that most of the money be used for buying land and constructing or fixing up rental homes.
Money References
- — (1) IN GENERAL.—There is authorized to be appropriated to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) $10,000,000,000 for each of fiscal years 2023 through 2033 for allocation to States in accordance with subsection (c) of such section 1338, subject to subsections (c) through (f) of this section.
- — (A) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $65,000,000 for each of fiscal years 2023 through 2028 for the administrative needs of States under this section, in accordance with subparagraph (C). (B) ALLOCATION.—Of amounts authorized to be appropriated under subparagraph (A) for each fiscal year— (i) $15,000,000 shall be allocated to the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands; and (ii) the remainder shall be allocated to States pursuant to the formula established under paragraph (22)(E)(ii) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), as added by section 111 of this Act.
113. Modular construction pilot program Read Opens in new tab
Summary AI
The Modular Construction Pilot Program, established by the Secretary of Housing and Urban Development, provides grants to organizations such as public housing agencies, nonprofits, and local governments to encourage affordable housing through modular construction methods. To qualify for these grants, entities must ensure long-term affordability and may gain priority by constructing large housing groups, partnering with public housing agencies, or offering free supportive services to residents; the federal government will cover up to 75% of the project costs, with $2,000,000 allocated annually from 2023 to 2028.
Money References
- (c) Matching requirement.—The Federal share of a project funded under this section shall be not more than 75 percent of the cost of the project. (d) Authorization of appropriations.—There is authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 2023 through 2028 to carry out this section.
114. Supporting pro-housing development Read Opens in new tab
Summary AI
The section of the bill aims to promote housing development by defining various housing terms, setting zoning information reporting requirements for jurisdictions receiving federal funds, prohibiting certain restrictive zoning practices, and establishing a grant program to encourage more flexible zoning. This program prioritizes jurisdictions that adopt inclusive planning methods to facilitate the construction of diverse housing options and provides grants ranging from $5 million to $125 million based on population size.
Money References
- (3) AMOUNT OF GRANT.— (A) IN GENERAL.—The amount of a grant awarded to an eligible entity under paragraph (1) shall be not less than— (i) $5,000,000 for an eligible entity with a population of less than 80,000; (ii) $20,000,000 for an eligible entity with a population of less than 100,000; (iii) $40,000,000 for an eligible entity with a population of less than 500,000; (iv) $100,000,000 for an eligible entity with a population of less than 1,000,000; and (v) $125,000,000 for an eligible entity with a population of not less than 1,000,000.
- (5) REGULATIONS.—The Secretary may promulgate any regulations necessary to carry out this subsection. (6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection $4,000,000,000 for each of fiscal years 2023 through 2028.
115. Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants Read Opens in new tab
Summary AI
Section 408 of the McKinney-Vento Homeless Assistance Act is updated to authorize funding as needed for carrying out programs under this title for each fiscal year.
408. Authorization of appropriations Read Opens in new tab
Summary AI
In Section 408, the text allows for an unspecified amount of money to be allocated each year as needed to support the activities outlined in this title.
121. Rural housing reinvestment Read Opens in new tab
Summary AI
The section focuses on providing financial support through loans and grants to organizations and entities for building or maintaining affordable housing for farm laborers and low-income individuals in rural areas. It outlines the types of eligible organizations, programs involved, and funding provisions, including priority for energy-efficient housing projects, rent assistance, and limits on rent increases.
Money References
- — (1) FARM LABOR HOUSING LOANS AND GRANTS PROGRAMS.—There is authorized to be appropriated to the Secretary $78,000,000 for each of fiscal years 2023 through 2033 to award loans and grants under subsection (b)(1)(A) through the Farm Labor Housing loan program and Farm Labor Housing grant program under sections 514 and 516, respectively, of the Housing Act of 1949 (42 U.S.C. 1484, 1486).
- (2) RURAL RENTAL HOUSING LOAN PROGRAM.—There is authorized to be appropriated to the Secretary $100,000,000 for each of fiscal years 2023 through 2033 to award loans under subsection (b)(1)(A) through the Rural Rental Housing Loan program under section 515 of the Housing Act of 1949 (42 U.S.C. 1485).
- (3) RURAL RENTAL ASSISTANCE PROGRAM.—There is authorized to be appropriated to the Secretary $2,500,000,000 for each of fiscal years 2023 through 2033 to award loans under subsection (b)(1)(A) through the Rural Rental Assistance program under section 521 of the Housing Act of 1949 (42 U.S.C. 1490a).
- (4) RENTAL ASSISTANCE UNDER (b)(2) OF THIS SECTION.—There is authorized to be appropriated to the Secretary $250,000,000 for each of fiscal years 2023 through 2033 for rental assistance payments under subsection (b)(2). ---
122. Permanent establishment of housing preservation and revitalization program Read Opens in new tab
Summary AI
The text describes a program established by the Secretary for preserving and revitalizing multifamily rental housing funded under certain sections of the Housing Act. It includes provisions for notifying owners and tenants about maturing loans, restructuring existing loans, renewing rental assistance, ensuring housing standards, technical assistance for property transfers, and authorizing appropriations to support the program.
Money References
- , the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program.
- “(j) Authorization of appropriations.—There is authorized to be appropriated for the program under this section $200,000,000 for each of fiscal years 2023 through 2028.”.
545. Housing preservation and revitalization program Read Opens in new tab
Summary AI
The Housing Preservation and Revitalization Program allows the Secretary to help preserve multifamily rental housing by notifying owners and tenants of maturing loans, restructuring loans to keep housing safe and affordable, and renewing rental assistance contracts. The program also includes measures for transferring rental assistance, providing technical assistance for housing acquisitions, and covering administrative expenses, with $200 million authorized for each fiscal year from 2023 to 2028.
Money References
- , the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program.
- (j) Authorization of appropriations.—There is authorized to be appropriated for the program under this section $200,000,000 for each of fiscal years 2023 through 2028.
123. Eligibility for rural housing vouchers Read Opens in new tab
Summary AI
The amendment to the Housing Act of 1949 allows the Secretary to give rural housing vouchers to low-income households living in certain properties with loans that were either prepaid, foreclosed, or matured after September 30, 2005. This also applies to properties owned by nonprofit organizations or public agencies that are supported by specific sections of the law.
124. Amount of voucher assistance Read Opens in new tab
Summary AI
The section explains that for rural housing vouchers given under the Housing Act of 1949, the monthly assistance amount for a household is determined by specific rules set out in that law.
125. Use of available rental assistance Read Opens in new tab
Summary AI
The amendment to Section 521(d) of the Housing Act of 1949 allows rental property owners to use rental assistance contracts that become available when a family's assistance ends, to help another eligible family living in or moving into the same project, within six months. If the owner does not use this option, the assistance is used for eligible families in other specific projects.
126. Funding for multifamily technical improvements Read Opens in new tab
Summary AI
The section authorizes the allocation of $50 million for the fiscal year 2023 to the Secretary of Agriculture to improve the technology used by the Department of Agriculture for managing and processing loans for multifamily housing. These improvements must be completed within five years, and the funds will remain available for use throughout this period.
Money References
- There is authorized to be appropriated to the Secretary of Agriculture $50,000,000 for fiscal year 2023 for improving the technology of the Department of Agriculture used to process loans for multifamily housing and otherwise managing such housing.
127. Plan for preserving affordability of rental projects Read Opens in new tab
Summary AI
The section requires the Secretary of Agriculture to create and submit a plan to Congress for keeping rental housing affordable for low-income families, specifically focusing on projects backed by certain federal loans. An advisory committee of 14 members representing various stakeholders is established to assist in this effort, tasked with evaluating existing policies, suggesting improvements, and reporting quarterly on its activities.
201. Tax-exempt bond financing requirement Read Opens in new tab
Summary AI
Section 201 of the bill modifies the rules for tax-exempt bond financing, stipulating that a building can qualify for a tax credit if at least 50% of its costs (including land) are funded by tax-exempt bonds, or 25% if the bonds are issued between 2024 and 2028. This amendment applies to buildings with bonds issued after December 31, 2023.
202. Increases in State allocations Read Opens in new tab
Summary AI
This section of the bill revises how certain funding allocations are calculated for states under the Internal Revenue Code by adjusting the per capita and minimum amounts starting in 2023, with specific formulas to account for cost-of-living adjustments in subsequent years. These changes are set to take effect for calendar years after December 31, 2022.
Money References
- (a) In general.—Clause (ii) of section 42(h)(3)(C) of the Internal Revenue Code is amended— (1) by striking “$1.75” in subclause (I) and inserting “the per capita amount”, and (2) by striking “$2,000,000” in subclause (II) and inserting “the minimum amount”.
- (b) Per capita amount; minimum amount.—Section 42(h)(3) of the Internal Revenue Code of 1986 is amended by striking subparagraphs (H) and (I) and inserting the following: “(H) PER CAPITA AMOUNT.—For purposes of subparagraph (C)(ii)(I), the per capita amount shall be determined as follows: “(i) CALENDAR YEAR 2023.—For calendar year, 2023, the per capita amount is $3.90. “(ii) CALENDAR YEAR 2024.—For calendar year 2024, the per capita amount is the product of— “(I) 1.25, and “(II) the dollar amount under clause (i) increased by an amount equal to— “(aa) such dollar amount, multiplied by “(bb) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting ‘calendar year 2022’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. If the amount determined after application of the preceding sentence is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. “(iii) CALENDAR YEARS AFTER 2024.—In the case of any calendar year after 2024
- , the per capita amount is the dollar amount determined under clause (ii) increased by an amount equal to— “(I) such dollar amount, multiplied by “(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting ‘calendar year 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
- “(I) MINIMUM AMOUNT.—For purposes of subparagraph (C)(ii)(II), the minimum amount shall be determined as follows: “(i) CALENDAR YEAR 2023.—For calendar year, 2023, the minimum amount is $4,495,000. “(ii) CALENDAR YEAR 2024.—For calendar year 2024, the minimum amount is the product of— “(I) 1.25, and “(II) the dollar amount under clause (i) increased by an amount equal to— “(aa) such dollar amount, multiplied by “(bb) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting ‘calendar year 2022’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
- “(iii) CALENDAR YEARS AFTER 2024.—In the case of any calendar year after 2024, the minimum amount is the dollar amount determined under clause (ii) increased by an amount equal to— “(I) such dollar amount, multiplied by “(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting ‘calendar year 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. Any amount increased under the preceding sentence which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000.”.
203. Buildings designated to serve extremely low-income households Read Opens in new tab
Summary AI
The section amends the Internal Revenue Code to allocate a portion of a state's housing credit ceiling specifically for buildings serving extremely low-income households, ensuring that up to 92% of the credits can go to other buildings, and increases the credit for certain low-income projects that need extra financial support, starting from January 1, 2024. Additionally, certain criteria determine which projects can receive these benefits, particularly those meeting income-related restrictions and funding conditions.
Money References
- (c) Effective date.—The amendments made by this section shall apply to allocations of housing credit dollar amount after December 31, 2023, and to buildings that are described in section 42(h)(4)(B) taking into account only obligations that are part of an issue the issue date of which is after December 31, 2023.
204. Inclusion of Indian areas as difficult development areas for purposes of certain buildings Read Opens in new tab
Summary AI
The section amends the Internal Revenue Code to include "Indian areas" in the definition of difficult development areas for certain buildings, specifying that buildings in these areas must be supported by the Native American Housing Assistance and Self Determination Act or certain Indian tribes to qualify. These changes apply to buildings placed in service after December 31, 2023.
205. Inclusion of rural areas as difficult development areas Read Opens in new tab
Summary AI
The bill modifies the Internal Revenue Code to include rural areas as "difficult development areas" for certain tax purposes, meaning that any place not in a metropolitan region or defined as rural under a specific housing law can apply for extra development incentives. This change will be applicable for buildings that begin operation after December 31, 2023.
206. Increase in credit for bond-financed projects designated by housing credit agency Read Opens in new tab
Summary AI
The section amends Clause (v) of section 42(d)(5)(B) of the Internal Revenue Code of 1986 to increase the credit for bond-financed projects designated by a housing credit agency by removing certain references to "State" and applies to buildings and land financed by certain obligations issued after December 31, 2023.
207. Repeal of qualified contract option Read Opens in new tab
Summary AI
The section repeals the option for certain buildings to enter into a "qualified contract" under the Internal Revenue Code, meaning that some buildings no longer have the option to sell their low-income portion at fair market value unless they meet specific requirements by a certain date. Additionally, it makes technical corrections and clarifies that these changes take effect from the date the Act is enacted, with specific rules applying to certain requests made after this date.
Money References
- (2) BUILDINGS DESCRIBED.—Subparagraph (E) of section 42(h)(7) of such Code, as so redesignated, is amended by adding at the end the following new clause: “(iii) BUILDINGS DESCRIBED.—A building described in this clause is a building— “(I) which received its allocation of housing credit dollar amount before January 1, 2024, or “(II) in the case of a building any portion of which is financed as described in paragraph (4), and which received before January 1, 2024, under the rules of paragraphs (1) and (2) of subsection (m), a determination from the issuer of the tax-exempt bonds or the housing credit agency that the building would be eligible under the qualified allocation plan to receive an allocation of housing credit dollar amount or that the credits to be earned are necessary for financial feasibility of the project and its viability as a qualified low-income housing project throughout the credit period.”. (b) Rules relating to existing projects.—Subparagraph (F) of section 42(h)(7) of the Internal Revenue Code of 1986, as redesignated by section 203, is amended by striking “the nonlow-income portion” and all that follows and inserting “the nonlow-income portion and the low-income portion of the building for fair market value (determined by the housing credit agency by taking into account the rent restrictions required for the low-income portion of the building to continue to meet the standards of paragraphs (1) and (2) of subsection (g)).
208. Modification and clarification of rights relating to building purchase Read Opens in new tab
Summary AI
The section modifies the Internal Revenue Code to change the term "right of first refusal" to "option" regarding the purchase of building-related property. It clarifies that this option can apply to purchasing the entire partnership interest or property assets, and it mentions that such an option can be exercised without needing approval from project owners, including in response to offers made by related parties.
209. Prohibition of local approval and contribution requirements Read Opens in new tab
Summary AI
The section amends the Internal Revenue Code to prohibit local government support or opposition and contributions from being considered in housing project selection criteria, except when part of a broader evaluation of the project's funding. These changes will apply to housing credits allocated after December 31, 2023.
Money References
- (b) Effective date.—The amendments made by this section shall apply to allocations of housing credit dollar amounts made after December 31, 2023.
210. Increase in credit for low-income housing supportive services Read Opens in new tab
Summary AI
The section allows an increase in tax credits for buildings that offer supportive services to tenants, such as childcare, health services, and job training. These credits are available if the building owner commits to maintaining these services through agreements and regular reporting, and exceptions apply in cases like foreclosure.
Money References
- (b) Effective date.—The amendment made by this section shall apply to buildings which receive allocations of housing credit dollar amount or, in the case of projects financed by tax-exempt obligations as described in section 42(h)(4) of the Internal Revenue Code of 1986, which are first taken into account under section 146 of such Code, after the date of the enactment of this Act.
211. Study of tax incentives for the conversion of commercial property to affordable housing Read Opens in new tab
Summary AI
The bill requires several government officials to work together to study the benefits and costs of offering tax breaks to people who sell empty commercial buildings so these can be turned into affordable housing for low-income residents or shelters for the homeless.
212. Renters credit Read Opens in new tab
Summary AI
The proposed section of the bill introduces a "Renters Credit" in the tax code, allowing landlords a tax credit based on rent reductions for eligible low-income tenants in residential buildings. It outlines how the credit is determined, allocated, and managed by state agencies, sets guidelines for tenant eligibility, and ensures compliance and reporting from landlords, with particular emphasis on protecting tenants from unreasonable rent increases or evictions.
Money References
- — “(A) IN GENERAL.—The term ‘rental reduction credit amount’ means, with respect to any qualified building, the dollar amount which is allocated to such building (and to eligible units within such building) under this subsection.
- Such dollar amount shall be allocated to months in the credit period with respect to such building (and such units) on the basis of the estimates described in paragraph (2)(B).
- “(B) ALLOCATION ON PROJECT BASIS.—In the case of a project which includes (or will include) more than 1 building, the rental reduction credit amount shall be the dollar amount which is allocated to such project for all buildings included in such project.
- — “(A) IN GENERAL.—The State rental reduction credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— “(i) the greater of— “(I) the per capita dollar amount multiplied by the State population, or “(II) the minimum ceiling amount, plus “(ii) the amount of the State rental reduction credit ceiling returned in the calendar year. “
- “(C) PER CAPITA DOLLAR AMOUNT; MINIMUM CEILING AMOUNT.—For purposes of this paragraph— “(i) PER CAPITA DOLLAR AMOUNT.—The per capita dollar amount is— “(I) for calendar year 2023, $12.30, “(II) for calendar year 2024, $24.50, and “(III) for calendar years 2025 and thereafter, $36.75. “(ii) MINIMUM CEILING AMOUNT.—The minimum ceiling amount is— “(I) for calendar year 2023, $14,000,000, “(II) for calendar year 2024, $28,000,000, and “(III) for calendar years 2025 and thereafter, $42,000,000. “
- , the $36.75 and $42,000,000 amounts in clauses (i)(III) and (ii)(III) shall each be increased by an amount equal to— “(I) such dollar amount, multiplied by “(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 2024’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. In the case of the $42,000,000 amount, any increase under this clause which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000 and in the case of the $36.75 amount, any increase under this clause which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. “(D) POPULATION.—For purposes of this paragraph, population shall be determined in accordance with section 146(j).
- — “(A) IN GENERAL.—The term ‘applicable percentage’ means, with respect to any qualified building, the percentage (not greater than 110 percent) set by the rental reduction credit agency at the time it allocates the rental reduction dollar amount to such building. “(B) HIGHER PERCENTAGE FOR HIGH-OPPORTUNITY AREAS.—The rental reduction credit agency may set a percentage under subparagraph (A) up to 120 percent for any qualified building which— “(i) targets its eligible units for rental to families with children, and “(ii) is located in a neighborhood which has a poverty rate of no more than 10 percent.
36C. Renters credit Read Opens in new tab
Summary AI
The section outlines a tax credit program for rental property owners who reduce rent for eligible tenants. Property owners can receive tax credits based on the difference between market rent and the rent paid by eligible low-income tenants, following certain rules and agreements with state agencies.
Money References
- (c) Rental reduction credit amount.—For purposes of this section— (1) DETERMINATION OF AMOUNT.— (A) IN GENERAL.—The term “rental reduction credit amount” means, with respect to any qualified building, the dollar amount which is allocated to such building (and to eligible units within such building) under this subsection.
- Such dollar amount shall be allocated to months in the credit period with respect to such building (and such units) on the basis of the estimates described in paragraph (2)(B). (B) ALLOCATION ON PROJECT BASIS.—In the case of a project which includes (or will include) more than 1 building, the rental reduction credit amount shall be the dollar amount which is allocated to such project for all buildings included in such project.
- rental reduction credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— (i) the greater of— (I) the per capita dollar amount multiplied by the State population, or (II) the minimum ceiling amount, plus (ii) the amount of the State rental reduction credit ceiling returned in the calendar year. (B) RETURN OF STATE CEILING AMOUNTS.—For purposes of subparagraph (A)(ii), except as provided in subsection (d)(2), the amount of the State rental reduction credit ceiling returned in a calendar year equals the amount of the rental reduction credit amount allocated to any building which, after the close of the calendar year for which the allocation is made— (i) is canceled by mutual consent of the rental reduction credit agency and the taxpayer because the estimates made under paragraph (2)(B) were substantially incorrect, or (ii) is canceled by the rental reduction credit agency because the taxpayer violates the qualified rental reduction agreement and, under the terms of the agreement, the rental reduction credit agency is authorized to cancel all (or any portion) of the allocation by reason of the violation.
- (C) PER CAPITA DOLLAR AMOUNT; MINIMUM CEILING AMOUNT.—For purposes of this paragraph—
- (i) PER CAPITA DOLLAR AMOUNT.—The per capita dollar amount is— (I) for calendar year 2023, $12.30, (II) for calendar year 2024, $24.50, and (III) for calendar years 2025 and thereafter, $36.75. (ii) MINIMUM CEILING AMOUNT.—The minimum ceiling amount is— (I) for calendar year 2023, $14,000,000, (II) for calendar year 2024, $28,000,000, and (III) for calendar years 2025 and thereafter, $42,000,000. (iii) COST-OF-LIVING ADJUSTMENT.—In the case of a calendar year beginning after 2025, the $36.75 and $42,000,000 amounts in clauses (i)(III) and (ii)(III) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting “calendar year 2024” for “calendar year 2016” in subparagraph (A)(ii) thereof.
- In the case of the $42,000,000 amount, any increase under this clause which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000 and in the case of the $36.75 amount, any increase under this clause which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents.
- (A) IN GENERAL.—The term “applicable percentage” means, with respect to any qualified building, the percentage (not greater than 110 percent) set by the rental reduction credit agency at the time it allocates the rental reduction dollar amount to such building.
6434. Payments in lieu of renters credit for partnerships and S corporations Read Opens in new tab
Summary AI
The section explains that for certain buildings owned by partnerships or S corporations, the government will pay an amount equivalent to a renters credit that would otherwise be applicable. It also gives the authority to establish rules on how to make these payments and how to divide them among partners or shareholders.
92. Inclusion in income of renters credit and payments Read Opens in new tab
Summary AI
Gross income now includes both the credit allowed under section 36C and any payments made instead of this credit under section 6434 for the taxable year.
213. Middle-income housing tax credit Read Opens in new tab
Summary AI
The section introduces a Middle-Income Housing Tax Credit by adding a new section, 42A, to the Internal Revenue Code. This credit provides tax incentives for creating and maintaining middle-income housing and sets out guidelines for allocating credit amounts, determining eligibility, and compiling necessary certifications and reports. Eligibility for these credits depends on things like the building's location, certain income limitations for occupants, and whether the building is part of a project that meets specific housing needs. The section includes adjustments for determining the credit amount and discusses specific rules for rural projects and projects financed by tax-exempt bonds.
Money References
- — “(1) DETERMINATION OF APPLICABLE PERCENTAGE.—For purposes of this section— “(A) IN GENERAL.—The term ‘applicable percentage’ means, with respect to any building, the appropriate percentage prescribed by the Secretary for the earlier of— “(i) the month in which such building is placed in service, or “(ii) at the election of the taxpayer, the month in which the taxpayer and the housing credit agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the housing credit dollar amount to be allocated to such building.
- “(II) The requirement of this subclause is met if the qualified basis attributable to such amount, when divided by the number of middle-income units in the building, is equal to or greater than the dollar amount in effect under section 42(e)(3)(A)(ii)(II) for the calendar year in which such expenditures are treated as placed in service under paragraph (4).
- “(ii) BUILDING DESCRIBED.—A building is described in this clause if— “(I) a waiver is granted under subsection (d)(4) with respect to the acquisition of the building, and “(II) a credit would be allowed for rehabilitation expenditures with respect to such building if subsection (e)(3)(A)(ii)(I) did not apply and if the dollar amount in effect under subsection (e)(3)(A)(ii)(II) were two-thirds of such amount.
- — “(A) IN GENERAL.—The amount of the credit determined under this section for any taxable year with respect to any building shall not exceed the housing credit dollar amount allocated to such building under this subsection.
- “(C) EXCEPTION WHERE BINDING COMMITMENT.—An allocation meets the requirements of this subparagraph if there is a binding commitment (not later than the close of the calendar year in which the building is placed in service) by the housing credit agency to allocate a specified housing credit dollar amount to such building beginning in a specified later taxable year.
- “(iii) HOUSING CREDIT DOLLAR AMOUNT REDUCED BY FULL ALLOCATION.—Notwithstanding clause (i), the full amount of the allocation shall be taken into account under paragraph (2).
- “(2) ALLOCATED CREDIT AMOUNT TO APPLY TO ALL TAXABLE YEARS ENDING DURING OR AFTER CREDIT ALLOCATION YEAR.—Any housing credit dollar amount allocated to any building for any calendar year— “(A) shall apply to such building for all taxable years in the credit period ending during or after such calendar year, and “(B) shall reduce the aggregate housing credit dollar amount of the allocating agency only for such calendar year.
- “(3) HOUSING CREDIT DOLLAR AMOUNT FOR AGENCIES.
- — “(A) IN GENERAL.—The aggregate housing credit dollar amount which a housing credit agency may allocate for any calendar year is the portion of the State housing credit ceiling allocated under this paragraph for such calendar year to such agency.
- “(C) STATE HOUSING CREDIT CEILING.—The State housing credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— “(i) the greater of— “(I) $1.00 multiplied by the State population, or “(II) $1,140,000, plus “(ii) the amount of State housing credit ceiling returned in the calendar year.
- For purposes of clause (ii), the amount of State housing credit ceiling returned in the calendar year equals the housing credit dollar amount previously allocated within the State to any project which fails to meet the 10 percent test under paragraph (1)(E)(ii) on a date after the close of the calendar year in which the allocation was made or which does not become a qualified middle-income housing project within the period required by this section or the terms of the allocation or to any project with respect to which an allocation is cancelled by mutual consent of the housing credit agency and the allocation recipient. “(D) STATE MAY PROVIDE FOR DIFFERENT ALLOCATION.—Rules similar to the rules of section 146(e) (other than paragraph (2)(B) thereof) shall apply for purposes of this paragraph.
- — “(i) IN GENERAL.—In the case of a calendar year after 2024, the $1,140,000 and $1.00 amounts in subparagraph (C) shall each be increased by an amount equal to— “(I) such dollar amount, multiplied by “(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. “
- — “(I) In the case of the $1,140,000 amount, any increase under clause (i) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000.
- “(II) In the case of the $1.00 amount, any increase under clause (i) which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents.
- housing credit dollar amount allocated to any building may not exceed the amount necessary to support the applicable fraction specified in the extended middle-income housing commitment for such building, including any increase in such fraction pursuant to the application of subsection (f)(3) if such increase is reflected in an amended middle-income housing commitment.
- “(6) SPECIAL RULES.— “(A) BUILDING MUST BE LOCATED WITHIN JURISDICTION OF CREDIT AGENCY.—A housing credit agency may allocate its aggregate housing credit dollar amount only to buildings located in the jurisdiction of the governmental unit of which such agency is a part.
- “(B) AGENCY ALLOCATIONS IN EXCESS OF LIMIT.—If the aggregate housing credit dollar amounts allocated by a housing credit agency for any calendar year exceed the portion of the State housing credit ceiling allocated to such agency for such calendar year, the housing credit dollar amounts so allocated shall be reduced (to the extent of such excess) for buildings in the reverse of the order in which the allocations of such amounts were made.
- “(C) CREDIT REDUCED IF ALLOCATED CREDIT DOLLAR AMOUNT IS LESS THAN CREDIT WHICH WOULD BE ALLOWABLE WITHOUT REGARD TO PLACED IN SERVICE CONVENTION, ETC.
- “(ii) DETERMINATION OF PERCENTAGE.—For purposes of clause (i), the clause (ii) percentage with respect to any building is the percentage which— “(I) the housing credit dollar amount allocated to such building, bears to “(II) the credit amount determined in accordance with clause (iii). “(iii) DETERMINATION OF CREDIT AMOUNT.—The credit amount determined in accordance with this clause is the amount of the credit which would (but for this subparagraph) be determined under this section with respect to the building if—
- “(D) HOUSING CREDIT AGENCY TO SPECIFY APPLICABLE PERCENTAGE AND MAXIMUM QUALIFIED BASIS.—In allocating a housing credit dollar amount to any building, the housing credit agency shall specify the applicable percentage and the maximum qualified basis which may be taken into account under this section with respect to such building.
- — “(A) IN GENERAL.—Notwithstanding any other provision of this section, the housing credit dollar amount with respect to any building shall be zero unless— “(i) such amount was allocated pursuant to a qualified allocation plan of the housing credit agency which is approved by the governmental unit (in accordance with rules similar to the rules of section 42(m)(1)) of which such agency is a part, “(ii) a comprehensive market study of the housing needs of middle-income individuals in the area to be served by the project is conducted before the credit allocation is made
- “(iii) a written explanation is available to the general public for any allocation of a housing credit dollar amount which is not made in accordance with established priorities and selection criteria of the housing credit agency.
- “(B) QUALIFIED ALLOCATION PLAN.—For purposes of this paragraph, the term ‘qualified allocation plan’ means any plan— “(i) which sets forth selection criteria to be used to determine housing priorities of the housing credit agency which are appropriate to local conditions, “(ii) which also gives preference in allocating housing credit dollar amounts among selected projects to— “(I) projects obligated to serve qualified tenants for the longest periods, “(II) projects in areas where rents are unaffordable to median income households, “(III) projects which target housing to tenants at a range of incomes between 60 and 100 percent of area median gross income, and “(IV) projects located near transit hubs, and “(iii) which provides a procedure that the agency (or an agent or other private contractor of such agency) will follow in monitoring for noncompliance with the provisions of this section and in notifying the Internal Revenue Service of such noncompliance which such agency becomes aware of and in monitoring for noncompliance with habitability standards through regular site visits. “
- (D) CERTAIN SELECTION CRITERIA PROHIBITED.—The selection criteria set forth in a qualified allocation plan shall not include a requirement of local approval or local contributions, either as a threshold qualification requirement or as part of a point system to be considered for allocations of housing credit dollar amount.
- — “(A) IN GENERAL.—The housing credit dollar amount allocated to a project shall not exceed the amount the housing credit agency determines is necessary for the financial feasibility of the project and its viability as a qualified middle-income housing project throughout the credit period.
- “(B) AGENCY EVALUATION.—In making the determination under subparagraph (A), the housing credit agency shall consider— “(i) the sources and uses of funds and the total financing planned for the project, “(ii) any proceeds or receipts expected to be generated by reason of tax benefits, “(iii) the percentage of the housing credit dollar amount used for project costs other than the cost of intermediaries, and “(iv) the reasonableness of the developmental and operational costs of the project.
- — “(i) IN GENERAL.—A determination under subparagraph (A) shall be made as of each of the following times: “(I) The application for the housing credit dollar amount. “(II) The allocation of the housing credit dollar amount. “(III) The date the building is placed in service. “(ii) CERTIFICATION AS TO AMOUNT OF OTHER SUBSIDIES.—Prior to each determination under clause (i), the taxpayer shall certify to the housing credit agency the full extent of all Federal, State, and local subsidies which apply (or which the taxpayer expects to apply) with respect to the building.
- (b) Treatment as part of general business credit.—Section 38(b) of the Internal Revenue Code of 1986 is amended by striking “plus” at the end of paragraph (40), by striking the period at the end of paragraph (41) and inserting “, plus”, and by adding at the end the following new paragraph: “(42) the middle-income housing credit determined under section 42A(a).”. (c) Unused allocations carried over to low-Income housing credit.— (1) IN GENERAL.—Clause (i) of section 42(h)(3)(C) of the Internal Revenue Code of 1986 is amended— (A) by striking “the unused” and inserting “the sum of— “(I) the unused”, (B) by inserting “plus” after “calendar year,”, and (C) by adding at the end the following new subclause: “(II) the unused middle-income State housing credit (if any) of such State for the preceding calendar year,”. (2) UNUSED MIDDLE-INCOME STATE HOUSING CREDIT.—The second sentence of section 42(h)(3)(C) of such Code is amended by inserting “, and the unused middle-income State housing credit for any calendar year is the excess (if any) of the amount described in section 42A(h)(3)(C) (after application of section 42A(h)(7)) for such State over the aggregate amount of middle-income housing credit dollar amount allocated by such State under section 42A for such year” after “for such year”. (3) UNUSED MIDDLE INCOME STATE HOUSING CREDIT INCLUDED IN CARRYOVER ALLOCATION.—Section 42(h)(3)(D)(ii) of such Code is amended— (A) by inserting “the sum of” after “is the excess (if any) of”; and (B) by inserting “plus the unused middle-income State housing credit (as so defined)” after “as defined in subparagraph (C)(i))”. (d) Reduction in basis.—Section 1016(a) of the Internal Revenue Code of 1986 is amended— (1) by striking “and” at the end of paragraph (37); (2) by redesignating paragraph (38) as paragraph (39); and (3) by inserting after paragraph (37) the following new paragraph: “(38) to the extent provided in section 42A(i)(8), and”. (e) Treatment under base erosion minimum tax.—Section 59A(b)(4) of he Internal Revenue Code of 1986 is amended by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and by inserting after subparagraphs (A) the following new subparagraph: “(B) the middle-income housing credit determined under section 42A(a),”. (f) Conforming amendments.
42A. Middle-income housing credit Read Opens in new tab
Summary AI
The section describes a middle-income housing credit intended to support the development of housing projects for individuals with moderate incomes. This credit can be claimed over a 15-year period based on the qualified basis of each building within a project, which is determined by specific criteria like the building's percentage of rent-restricted units and residents' income levels.
Money References
- — (1) DETERMINATION OF APPLICABLE PERCENTAGE.—For purposes of this section— (A) IN GENERAL.—The term “applicable percentage” means, with respect to any building, the appropriate percentage prescribed by the Secretary for the earlier of— (i) the month in which such building is placed in service, or (ii) at the election of the taxpayer, the month in which the taxpayer and the housing credit agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the housing credit dollar amount to be allocated to such building.
- — (A) IN GENERAL.—Paragraph (1) shall apply to rehabilitation expenditures with respect to any building only if— (i) the expenditures are allocable to 1 or more middle-income units or substantially benefit such units, and (ii) the amount of such expenditures during any 24-month period meets the requirements of whichever of the following subclauses requires the greater amount of such expenditures: (I) The requirement of this subclause is met if such amount is not less than 20 percent of the adjusted basis of the building (determined as of the 1st day of such period and without regard to paragraphs (2) and (3) of section 1016(a)). (II) The requirement of this subclause is met if the qualified basis attributable to such amount, when divided by the number of middle-income units in the building, is equal to or greater than the dollar amount in effect under section 42(e)(3)(A)(ii)(II) for the calendar year in which such expenditures are treated as placed in service under paragraph (4). (B) DATE OF DETERMINATION.—The determination under subparagraph (A) shall be made as of the close of the 1st taxable year in the credit period with respect to such expenditures.
- (ii) BUILDING DESCRIBED.—A building is described in this clause if— (I) a waiver is granted under subsection (d)(4) with respect to the acquisition of the building, and (II) a credit would be allowed for rehabilitation expenditures with respect to such building if subsection (e)(3)(A)(ii)(I) did not apply and if the dollar amount in effect under subsection (e)(3)(A)(ii)(II) were two-thirds of such amount.
- — (A) IN GENERAL.—The amount of the credit determined under this section for any taxable year with respect to any building shall not exceed the housing credit dollar amount allocated to such building under this subsection.
- (C) EXCEPTION WHERE BINDING COMMITMENT.—An allocation meets the requirements of this subparagraph if there is a binding commitment (not later than the close of the calendar year in which the building is placed in service) by the housing credit agency to allocate a specified housing credit dollar amount to such building beginning in a specified later taxable year.
- — (i) IN GENERAL.—An allocation meets the requirements of this subparagraph if such allocation is made not later than the close of the calendar year in which ends the taxable year to which it will 1st apply but only to the extent the amount of such allocation does not exceed the limitation under clause (ii). (ii) LIMITATION.—The limitation under this clause is the amount of credit allowable under this section (without regard to this subsection) for a taxable year with respect to an increase in the qualified basis of the building equal to the excess of— (I) the qualified basis of such building as of the close of the 1st taxable year to which such allocation will apply, over (II) the qualified basis of such building as of the close of the 1st taxable year to which the most recent prior housing credit allocation with respect to such building applied. (iii) HOUSING CREDIT DOLLAR AMOUNT REDUCED BY FULL ALLOCATION.—Notwithstanding clause (i), the full amount of the allocation shall be taken into account under paragraph (2). (E) EXCEPTION WHERE 10 PERCENT OF COST INCURRED.
- (2) ALLOCATED CREDIT AMOUNT TO APPLY TO ALL TAXABLE YEARS ENDING DURING OR AFTER CREDIT ALLOCATION YEAR.—Any housing credit dollar amount allocated to any building for any calendar year— (A) shall apply to such building for all taxable years in the credit period ending during or after such calendar year, and (B) shall reduce the aggregate housing credit dollar amount of the allocating agency only for such calendar year. (3) HOUSING CREDIT DOLLAR AMOUNT FOR AGENCIES.
- (A) IN GENERAL.—The aggregate housing credit dollar amount which a housing credit agency may allocate for any calendar year is the portion of the State housing credit ceiling allocated under this paragraph for such calendar year to such agency.
- (C) STATE HOUSING CREDIT CEILING.—The State housing credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— (i) the greater of— (I) $1.00 multiplied by the State population, or (II) $1,140,000, plus (ii) the amount of State housing credit ceiling returned in the calendar year.
- For purposes of clause (ii), the amount of State housing credit ceiling returned in the calendar year equals the housing credit dollar amount previously allocated within the State to any project which fails to meet the 10 percent test under paragraph (1)(E)(ii) on a date after the close of the calendar year in which the allocation was made or which does not become a qualified middle-income housing project within the period required by this section or the terms of the allocation or to any project with respect to which an allocation is cancelled by mutual consent of the housing credit agency and the allocation recipient. (D) STATE MAY PROVIDE FOR DIFFERENT ALLOCATION.—Rules similar to the rules of section 146(e) (other than paragraph (2)(B) thereof)
- (i) IN GENERAL.—In the case of a calendar year after 2024, the $1,140,000 and $1.00 amounts in subparagraph (C) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting “calendar year 2023” for “calendar year 2016” in subparagraph (A)(ii) thereof.
- — (I) In the case of the $1,140,000 amount, any increase under clause (i) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000.
- (II) In the case of the $1.00 amount, any increase under clause (i) which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents.
- (C) ALLOCATION OF CREDIT MAY NOT EXCEED AMOUNT NECESSARY TO SUPPORT COMMITMENT.—The housing credit dollar amount allocated to any building may not exceed the amount necessary to support the applicable fraction specified in the extended middle-income housing commitment for such building, including any increase in such fraction pursuant to the application of subsection (f)(3) if such increase is reflected in an amended middle-income housing commitment.
- (6) SPECIAL RULES.— (A) BUILDING MUST BE LOCATED WITHIN JURISDICTION OF CREDIT AGENCY.—A housing credit agency may allocate its aggregate housing credit dollar amount only to buildings located in the jurisdiction of the governmental unit of which such agency is a part.
- the aggregate housing credit dollar amounts allocated by a housing credit agency for any calendar year exceed the portion of the State housing credit ceiling allocated to such agency for such calendar year, the housing credit dollar amounts so allocated shall be reduced (to the extent of such excess) for buildings in the reverse of the order in which the allocations of such amounts were made.
- (C) CREDIT REDUCED IF ALLOCATED CREDIT DOLLAR AMOUNT IS LESS THAN CREDIT WHICH WOULD BE ALLOWABLE WITHOUT REGARD TO PLACED IN SERVICE CONVENTION, ETC.
- (ii) DETERMINATION OF PERCENTAGE.—For purposes of clause (i), the clause (ii) percentage with respect to any building is the percentage which— (I) the housing credit dollar amount allocated to such building, bears to (II) the credit amount determined in accordance with clause (iii). (iii) DETERMINATION OF CREDIT AMOUNT.—The credit amount determined in accordance with this clause is the amount of the credit which would (but for this subparagraph) be determined under this section with respect to the building if— (I) this section were applied without regard to paragraphs (2)(A) and (3)(B) of subsection (f), and (II) subsection (f)(3)(A) were applied without regard to “the percentage equal to 2⁄3 of”. (D) HOUSING CREDIT AGENCY TO SPECIFY APPLICABLE PERCENTAGE AND MAXIMUM QUALIFIED BASIS.—In allocating a housing credit dollar amount to any building, the housing credit agency shall specify the applicable percentage and the maximum qualified basis which may be taken into account under this section with respect to such building.
- — (A) IN GENERAL.—Notwithstanding any other provision of this section, the housing credit dollar amount with respect to any building shall be zero unless— (i) such amount was allocated pursuant to a qualified allocation plan of the housing credit agency which is approved by the governmental unit (in accordance with rules similar to the rules of section 42(m)(1)) of which such agency is a part, (ii) a comprehensive market study of the housing needs of middle-income individuals in the area to be served by the project is conducted before the credit allocation is made and at the developer's expense by a disinterested party who is approved by such agency, and (iii) a written explanation is available to the general public for any allocation of a housing credit dollar amount which is not made in accordance with established priorities and selection criteria of the housing credit agency. (B) QUALIFIED ALLOCATION PLAN.—For purposes of this paragraph, the term “qualified allocation plan” means any plan— (i) which sets forth selection criteria to be used to determine housing priorities of the housing credit agency which are appropriate to local conditions, (ii) which also gives preference in allocating housing credit dollar amounts among selected projects to— (I) projects obligated to serve qualified tenants for the longest periods, (II) projects in areas where rents are unaffordable to median income households, (III) projects which target housing to tenants at a range of incomes between 60 and 100 percent of area median gross income, and (IV) projects located near transit hubs, and (iii) which provides a procedure that the agency (or an agent or other private contractor of such agency) will follow in monitoring for noncompliance with the provisions of this section and in notifying the Internal Revenue Service of such noncompliance which such agency becomes aware of and in monitoring for noncompliance with habitability standards through regular site visits. (C) CERTAIN SELECTION CRITERIA MUST BE USED.—The selection criteria set forth in a qualified allocation plan must include— (i) project location, (ii) housing needs characteristics, (iii) project characteristics, including whether the project includes the use of existing housing as part of a community revitalization plan, (iv) sponsor characteristics, (v) tenant populations with special housing needs, (vi) tenant populations of individuals with children, (vii) projects intended for eventual tenant ownership, (viii) the energy efficiency of the project, and (ix) the historic nature of the project.
- (D) CERTAIN SELECTION CRITERIA PROHIBITED.—The selection criteria set forth in a qualified allocation plan shall not include a requirement of local approval or local contributions, either as a threshold qualification requirement or as part of a point system to be considered for allocations of housing credit dollar amount.
- — (A) IN GENERAL.—The housing credit dollar amount allocated to a project shall not exceed the amount the housing credit agency determines is necessary for the financial feasibility of the project and its viability as a qualified middle-income housing project throughout the credit period.
- (B) AGENCY EVALUATION.—In making the determination under subparagraph (A), the housing credit agency shall consider— (i) the sources and uses of funds and the total financing planned for the project, (ii) any proceeds or receipts expected to be generated by reason of tax benefits, (iii) the percentage of the housing credit dollar amount used for project costs other than the cost of intermediaries, and (iv) the reasonableness of the developmental and operational costs of the project.
- — (i) IN GENERAL.—A determination under subparagraph (A) shall be made as of each of the following times: (I) The application for the housing credit dollar amount. (II) The allocation of the housing credit dollar amount.
214. Neighborhood homes credit Read Opens in new tab
Summary AI
The "Neighborhood Homes Credit" section of the text outlines a new tax incentive designed to stimulate the construction and substantial rehabilitation of homes in distressed communities by providing a credit to taxpayers. The credit aims to address housing shortages, boost homeownership rates in low-income areas, and generate significant economic activity and jobs by incentivizing the development of affordable housing solutions in neighborhoods that qualify under specified economic criteria.
Money References
- (F) This section and the amendments made by this section have the potential to generate 500,000 homes over 10 years, $125,000,000,000 of total development activity, over 800,000 jobs in construction and construction-related industries, and over $35,000,000,000 in Federal, state, and local tax revenues.
- “(3) SUBSTANTIAL REHABILITATION.—The term ‘substantial rehabilitation’ means amounts paid or incurred for rehabilitation of a qualified residence if such amounts exceed the greater of— “(A) $20,000, or “(B) 20 percent of the amounts paid or incurred by the taxpayer for the acquisition of buildings and land with respect to such qualified residence.
- — “(A) IN GENERAL.—The State neighborhood homes credit amount for a State for a calendar year is an amount equal to the sum of— “(i) the greater of— “(I) the product of $7, multiplied by the State population (determined in accordance with section 146(j)), or “(II) $9,000,000, and “(ii) any amount previously allocated to any taxpayer with respect to any qualified project by the neighborhood homes credit agency of such State which can no longer be allocated to any qualified residence because the 5-year period described in paragraph (1)(B) expires during calendar year. “(B) 3-YEAR CARRYFORWARD OF UNUSED LIMITATION.—The State neighborhood homes credit amount for a State for a calendar year shall be increased by the excess (if any) of the State neighborhood homes credit amount for such State for the preceding calendar year over the aggregate amount allocated by the neighborhood homes credit agency of such State during such preceding calendar year.
- — “(1) IN GENERAL.—Notwithstanding subsection (e), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State— “(A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, “(B) allocates not more than 20 percent of amounts allocated in the previous year (or for allocations made in 2024, not more than 20 percent of the neighborhood homes credit ceiling for such year) to projects with respect to qualified residences which— “(i) are located in census tracts described in subsection (c)(2)(A)(iii), (c)(2)(A)(iv), (i)(5), or “(ii) are not located in a qualified census tract but meet the requirements of subsection (i)(8), “(C) promulgates standards with respect to reasonable qualified development costs and fees, “(D) promulgates standards with respect to construction quality, “(E) in the case of any neighborhood homes credit agency which makes an allocation to a qualified project which includes any qualified residence to which subsection (i) applies, promulgates standards with respect to protecting the owners of such residences, including the capacity of such owners to pay rehabilitation costs not covered by the credit provided by this section and providing for the disclosure to such owners of their rights and responsibilities with respect to the rehabilitation of such residences, “(F) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report
- specifying— “(i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, “(ii) with respect to each qualified residence completed in the preceding calendar year— “(I) the census tract in which such qualified residence is located, “(II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, “(III) whether such qualified residence was new, substantially rehabilitated and sold to a qualified homeowner, or substantially rehabilitated pursuant to subsection (i), “(IV) the eligible development costs of such qualified residence, “(V) the amount of the neighborhood homes credit with respect to such qualified residence, “(VI) the sales price of such qualified residence, if applicable, and “(VII) the family income of the qualified homeowner (expressed as a percentage of the applicable area median family income for the location of the qualified residence), and “(iii) such other information as the Secretary may require, and “(G) makes available to the general public a written explanation for any allocation of a neighborhood homes credit dollar amount which is not made in accordance with established priorities and selection criteria of the neighborhood homes credit agency. Subparagraph (B) shall be applied by substituting ‘40 percent’ for ‘20 percent’ each place it appears in the case of any State in which at least 45 percent of the State population resides outside metropolitan statistical areas (within the meaning of section 143(k)(2)(B)) and less than 20 percent of the census tracts located in the State are described in subsection (c)(2)(A)(i). “(2) QUALIFIED ALLOCATION PLAN.—For purposes of this subsection, the term ‘qualified allocation plan’ means any plan which— “(A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including— “(i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, “(ii) the expected contribution of the project to neighborhood stability and revitalization, including the impact on neighborhood residents, “(iii) the capability and prior performance of the project sponsor, and “(iv) the likelihood the project will result in long-term homeownership, “(B) has been made available for public comment, and “(C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of— “(i) identifying noncompliance with any provisions of this section, and “(ii) notifying the Internal Revenue Service of any such noncompliance of which the agency becomes aware. “
- — “(A) IN GENERAL.—In the case of a calendar year after 2023, the dollar amounts in subsections (b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and (i)(2)(C) shall each be increased by an amount equal to— “(i) such dollar amount, multiplied by “(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 2022’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
- — “(i) In the case of the dollar amounts in subsections (b)(3)(A) and (i)(2)(C), any increase under paragraph (1) which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000.
- “(ii) In the case of the dollar amount in subsection (e)(3)(A)(i)(I), any increase under paragraph (1) which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01.
- “(iii) In the case of the dollar amount in subsection (e)(3)(A)(i)(II), any increase under paragraph (1) which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000.
- shall be equal to the least of— “(A) the excess (if any) of— “(i) the amounts paid or incurred by the taxpayer for the qualified rehabilitation of the qualified residence to the extent that such amounts are certified by the neighborhood homes credit agency (at the time of the completion of such rehabilitation) as meeting the standards specified pursuant to subsection (f)(1)(C), over “(ii) any amounts paid to such taxpayer for such rehabilitation, “(B) 50 percent of the amounts described in subparagraph (A)(i), or “(C) $50,000. “(3) QUALIFIED REHABILITATION.
- — “(A) IN GENERAL.—For purposes of this subsection, the term ‘qualified rehabilitation’ means a rehabilitation or reconstruction performed pursuant to a written binding contract between the taxpayer and the specified homeowner if the amount paid or incurred by the taxpayer in the performance of such rehabilitation or reconstruction exceeds the dollar amount in effect under subsection (b)(3)(A).
42B. Neighborhood homes credit Read Opens in new tab
Summary AI
The Neighborhood Homes Credit section provides a tax credit to taxpayers for selling affordable homes in certain neighborhoods. The credit is calculated based on factors like development costs, sale price, and median home prices, and includes specific criteria for qualified residences and homeowners.
Money References
- term “substantial rehabilitation” means amounts paid or incurred for rehabilitation of a qualified residence if such amounts exceed the greater of— (A) $20,000, or (B) 20 percent of the amounts paid or incurred by the taxpayer for the acquisition of buildings and land with respect to such qualified residence.
- State neighborhood homes credit amount for a State for a calendar year is an amount equal to the sum of— (i) the greater of— (I) the product of $7, multiplied by the State population (determined in accordance with section 146(j)), or (II) $9,000,000, and (ii) any amount previously allocated to any taxpayer with respect to any qualified project by the neighborhood homes credit agency of such State which can no longer be allocated to any qualified residence because the 5-year period described in paragraph (1)(B) expires during calendar year.
- — (1) IN GENERAL.—Notwithstanding subsection (e), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State— (A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, (B) allocates not more than 20 percent of amounts allocated in the previous year (or for allocations made in 2024, not more than 20 percent of the neighborhood homes credit ceiling for such year) to projects with respect to qualified residences which— (i) are located in census tracts described in subsection (c)(2)(A)(iii), (c)(2)(A)(iv), (i)(5), or (ii) are not located in a qualified census tract but meet the requirements of subsection (i)(8), (C) promulgates standards with respect to reasonable qualified development costs and fees, (D) promulgates standards with respect to construction quality, (E) in the case of any neighborhood homes credit agency which makes an allocation to a qualified project which includes any qualified residence to which subsection (i) applies, promulgates standards with respect to protecting the owners of such residences, including the capacity of such owners to pay rehabilitation costs not covered by the credit provided by this section and providing for the disclosure to such owners of their rights and responsibilities with respect to the rehabilitation of such residences, (F) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying— (i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, (ii) with respect to each qualified residence completed in the preceding calendar year— (I) the census tract in which such qualified residence is located, (II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, (III) whether such qualified residence was new, substantially rehabilitated and sold to a qualified homeowner, or substantially rehabilitated pursuant to subsection (i), (IV) the eligible development costs of such qualified residence, (V) the amount of the neighborhood homes credit with respect to such qualified residence, (VI) the sales price of such qualified residence, if applicable, and (VII) the family income of the qualified homeowner (expressed as a percentage of the applicable area median family income for the location of the qualified residence), and (iii) such other information as the Secretary may require, and (G) makes available to the general public a written explanation for any allocation of a neighborhood homes credit dollar amount which is not made in accordance with established priorities and selection criteria of the neighborhood homes credit agency. Subparagraph (B) shall be applied by substituting ‘40 percent’ for ‘20 percent’ each place it appears in the case of any State in which at least 45 percent of the State population resides outside metropolitan statistical areas (within the meaning of section 143(k)(2)(B)) and less than 20 percent of the census tracts located in the State are described in subsection (c)(2)(A)(i). (2) QUALIFIED ALLOCATION PLAN.—For purposes of this subsection, the term “qualified allocation plan” means any plan which— (A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including— (i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, (ii) the expected contribution of the project to neighborhood stability and revitalization, including the impact on neighborhood residents, (iii) the capability and prior performance of the project sponsor, and (iv) the likelihood the project will result in long-term homeownership, (B) has been made available for public comment, and (C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of— (i) identifying noncompliance with any provisions of this section, and (ii) notifying the Internal Revenue Service of any such noncompliance of which the agency becomes aware. (g) Repayment.— (1) IN GENERAL.
- — (A) IN GENERAL.—In the case of a calendar year after 2023, the dollar amounts in subsections (b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and (i)(2)(C) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof.
- — (i) In the case of the dollar amounts in subsections (b)(3)(A) and (i)(2)(C), any increase under paragraph (1) which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000.
- (ii) In the case of the dollar amount in subsection (e)(3)(A)(i)(I), any increase under paragraph (1) which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01.
- (iii) In the case of the dollar amount in subsection (e)(3)(A)(i)(II), any increase under paragraph (1) which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000.
- (2) ALTERNATIVE CREDIT DETERMINATION.—In the case of any qualified residence described in paragraph (1), the neighborhood homes credit determined under subsection (a) with respect to such residence shall (in lieu of any credit otherwise determined under subsection (a) with respect to such residence) be allowed in the taxable year during which the qualified rehabilitation is completed (as determined by the neighborhood homes credit agency) and shall be equal to the least of— (A) the excess (if any) of— (i) the amounts paid or incurred by the taxpayer for the qualified rehabilitation of the qualified residence to the extent that such amounts are certified by the neighborhood homes credit agency (at the time of the completion of such rehabilitation) as meeting the standards specified pursuant to subsection (f)(1)(C), over (ii) any amounts paid to such taxpayer for such rehabilitation, (B) 50 percent of the amounts described in subparagraph (A)(i), or (C) $50,000. (3) QUALIFIED REHABILITATION.
- (A) IN GENERAL.—For purposes of this subsection, the term “qualified rehabilitation” means a rehabilitation or reconstruction performed pursuant to a written binding contract between the taxpayer and the specified homeowner if the amount paid or incurred by the taxpayer in the performance of such rehabilitation or reconstruction exceeds the dollar amount in effect under subsection (b)(3)(A).
139J. State energy subsidies for qualified residences Read Opens in new tab
Summary AI
State energy subsidies for qualifying residences are exempt from being counted as taxable income. Any financial aid from a state energy office used for making energy improvements to a qualified home does not need to be included in gross income calculations.
215. First-time homebuyer refundable credit Read Opens in new tab
Summary AI
The section outlines a tax credit for first-time homebuyers in the U.S., where they can receive a credit of 20% of the residence's purchase price, up to $15,000. It includes various limitations and conditions, such as income limits, age requirements, and marital status, and specifies rules for the situation if the home is sold within six years of purchase, along with necessary reporting requirements and amendments for tax filings.
Money References
- — “(1) DOLLAR LIMITATION.—The credit allowed under subsection (a) shall not exceed $15,000.
- “(2) LIMITATION BASED ON PURCHASE PRICE.—The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and paragraph (3), and after the application of paragraph (1)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— “(A) the excess (if any) of— “(i) the purchase price of the residence, over “(ii) an amount equal to 110 percent of the conforming loan limit applicable to the residence, bears to “(B) $100,000. For purposes of the preceding sentence
- “(3) LIMITATION BASED ON MODIFIED ADJUSTED GROSS INCOME.— “(A) IN GENERAL.—The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and after the application of paragraphs (1) and (2)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— “(i) the excess (if any) of— “(I) the taxpayer's modified adjusted gross income for the preceding taxable year, over “(II) the applicable threshold, bears to “(ii) $50,000. “(B) MODIFIED ADJUSTED GROSS INCOME.—For purposes of subparagraph (A)
- “(C) APPLICABLE THRESHOLD.—For purposes of subparagraph (A), the applicable threshold is— “(i) except as provided in clauses (ii) and (iii), $100,000, “(ii) an amount equal to 150 percent of the amount in effect under clause (i), in the case of a head of household (as defined in section 2(b)), and “(iii) an amount equal to 200 percent of the amount in effect under clause (i), in the case of a joint return.
- “(7) ADJUSTMENT FOR INFLATION.—In the case of any taxable year beginning after December 31, 2024, each of the dollar amounts in paragraphs (1), (2)(A)(ii), and (3)(C)(i) 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 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
- Any increase determined under the preceding sentence shall be rounded to the next lowest multiple of $50.
36. First-time homebuyer refundable credit Read Opens in new tab
Summary AI
In this section, the bill introduces a refundable tax credit for first-time homebuyers in the United States, allowing them to claim up to 20% of the purchase price of a home, with a cap of $15,000. The eligibility and amount of the credit are influenced by the buyer's income, marital status, and other conditions, and the credit may be decreased or terminated if the home is sold within six years under specific circumstances.
Money References
- — (1) DOLLAR LIMITATION.—The credit allowed under subsection (a) shall not exceed $15,000.
- (2) LIMITATION BASED ON PURCHASE PRICE.—The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and paragraph (3), and after the application of paragraph (1)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— (A) the excess (if any) of— (i) the purchase price of the residence, over (ii) an amount equal to 110 percent of the conforming loan limit applicable to the residence, bears to (B) $100,000.
- (3) LIMITATION BASED ON MODIFIED ADJUSTED GROSS INCOME.— (A) IN GENERAL.—The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and after the application of paragraphs (1) and (2)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— (i) the excess (if any) of— (I) the taxpayer's modified adjusted gross income for the preceding taxable year, over (II) the applicable threshold, bears to (ii) $50,000. (B) MODIFIED ADJUSTED GROSS INCOME.—For purposes of subparagraph (A), the term “modified adjusted gross income” with respect to any taxable year means the adjusted gross income of the taxpayer for such taxable year increased by any amount excluded from gross income under section 911, 931, or 933 for such taxable year.
- (C) APPLICABLE THRESHOLD.—For purposes of subparagraph (A), the applicable threshold is— (i) except as provided in clauses (ii) and (iii), $100,000, (ii) an amount equal to 150 percent of the amount in effect under clause (i), in the case of a head of household (as defined in section 2(b)), and (iii) an amount equal to 200 percent of the amount in effect under clause (i), in the case of a joint return.
- (7) ADJUSTMENT FOR INFLATION.—In the case of any taxable year beginning after December 31, 2024, each of the dollar amounts in paragraphs (1), (2)(A)(ii), and (3)(C)(i) 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 2023” for “calendar year 2016” in subparagraph (A)(ii) thereof.
- Any increase determined under the preceding sentence shall be rounded to the next lowest multiple of $50.