1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *JLL084* 01/06/2025 9:58:12 AM JLL084 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 HOUSE BILL 1076 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Representative Hudson 5 |
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8 | 8 | | 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO AMEND THE INCOME TAX LAWS; TO CREATE THE 9 |
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12 | 12 | | CARING FOR CAREGIVERS ACT; TO PROVIDE AN INCOME TAX 10 |
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13 | 13 | | CREDIT FOR EXPENSES INCURRED IN CARING FOR CERTAIN 11 |
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14 | 14 | | FAMILY MEMBERS; AND FOR OTHER PURPOSES. 12 |
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15 | 15 | | 13 |
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16 | 16 | | 14 |
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17 | 17 | | Subtitle 15 |
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18 | 18 | | TO CREATE THE CARING FOR CAREGIVERS ACT; 16 |
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19 | 19 | | AND TO PROVIDE AN INCOME TAX CREDIT FOR 17 |
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20 | 20 | | EXPENSES INCURRED IN CARING FOR CERTAIN 18 |
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21 | 21 | | FAMILY MEMBERS. 19 |
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22 | 22 | | 20 |
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23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 |
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24 | 24 | | 22 |
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25 | 25 | | SECTION 1. DO NOT CODIFY. Title. 23 |
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26 | 26 | | This act shall be known and may be cited as the "Caring for Caregivers 24 |
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27 | 27 | | Act". 25 |
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28 | 28 | | 26 |
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29 | 29 | | SECTION 2. Arkansas Code Title 26, Chapter 51, Subchapter 5, is 27 |
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30 | 30 | | amended to add an additional section to read as follows: 28 |
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31 | 31 | | 26-51-518. Caring for caregivers credit. 29 |
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32 | 32 | | (a) As used in this section: 30 |
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33 | 33 | | (1) "Activities of daily living" means: 31 |
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34 | 34 | | (A) Ambulating, which is the extent of an individual's 32 |
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35 | 35 | | ability to move from one (1) position to another and walk independently; 33 |
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36 | 36 | | (B) Feeding, which is the ability of an individual to feed 34 |
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37 | 37 | | himself or herself; 35 |
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38 | 38 | | (C) Dressing, which is the ability of an individual to 36 HB1076 |
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41 | 41 | | select appropriate clothes and put the clothes on without aid; 1 |
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42 | 42 | | (D) Personal hygiene, which is the ability of an 2 |
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43 | 43 | | individual to bathe and groom himself or herself and maintain dental hygiene 3 |
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44 | 44 | | and nail and hair care; 4 |
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45 | 45 | | (E) Continence, which is the ability of an individual to 5 |
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46 | 46 | | control bladder and bowel function; and 6 |
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47 | 47 | | (F) Toileting, which is the ability of an individual to 7 |
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48 | 48 | | get to and from the toilet without aid, use the toilet appropriately, and 8 |
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49 | 49 | | clean himself or herself; 9 |
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50 | 50 | | (2)(A) "Eligible expenditure" means an expense directly related 10 |
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51 | 51 | | to assisting a family caregiver in providing care to an eligible family 11 |
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52 | 52 | | member. 12 |
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53 | 53 | | (B) "Eligible expenditure" includes without limitation: 13 |
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54 | 54 | | (i) An improvement or alteration to the primary 14 |
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55 | 55 | | residence of a family caregiver or an eligible family member to permit the 15 |
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56 | 56 | | eligible family member to live in the residence and to remain mobile, safe, 16 |
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57 | 57 | | and independent; 17 |
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58 | 58 | | (ii) The purchase or lease by a family caregiver of 18 |
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59 | 59 | | equipment, including without limitation durable medical equipment, that is 19 |
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60 | 60 | | necessary to assist an eligible family member in carrying out one (1) or more 20 |
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61 | 61 | | activities of daily living; and 21 |
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62 | 62 | | (iii) Other expenses paid or incurred by a family 22 |
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63 | 63 | | caregiver that assist the family caregiver in providing care to an eligible 23 |
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64 | 64 | | family member, including without limitation expenses related to: 24 |
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65 | 65 | | (a) Home care aides; 25 |
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66 | 66 | | (b) Respite care; 26 |
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67 | 67 | | (c) Adult day care; 27 |
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68 | 68 | | (d) Personal care attendants; 28 |
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69 | 69 | | (e) Healthcare equipment; and 29 |
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70 | 70 | | (f) Technology. 30 |
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71 | 71 | | (C) "Eligible expenditure" does not include expenses 31 |
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72 | 72 | | incurred in carrying out general household maintenance activities, including 32 |
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73 | 73 | | without limitation painting, plumbing services, electrical repairs, and 33 |
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74 | 74 | | exterior maintenance; 34 |
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75 | 75 | | (3) "Eligible family member" means an individual who: 35 |
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76 | 76 | | (A) Is at least sixty -two (62) years of age; 36 HB1076 |
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79 | 79 | | (B) Requires assistance with at least two (2) activities 1 |
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80 | 80 | | of daily living, as certified by a licensed healthcare practitioner licensed 2 |
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81 | 81 | | under ยง 17-95-401 et seq.; 3 |
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82 | 82 | | (C) Qualifies as a dependent, spouse, parent, or other 4 |
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83 | 83 | | relation by blood or marriage to the family caregiver; and 5 |
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84 | 84 | | (D) Lives in a private residential home and not in an 6 |
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85 | 85 | | assisted living center, nursing facility, or residential care home; 7 |
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86 | 86 | | (4) "Family caregiver" means an individual who: 8 |
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87 | 87 | | (A) Provides care and support for an eligible family 9 |
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88 | 88 | | member; 10 |
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89 | 89 | | (B) Has a total adjusted gross income of less than fifty 11 |
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90 | 90 | | thousand dollars ($50,000), including the adjusted gross income of his or her 12 |
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91 | 91 | | spouse, if any; and 13 |
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92 | 92 | | (C) Has personally incurred uncompensated expenses 14 |
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93 | 93 | | directly related to the care of an eligible family member; and 15 |
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94 | 94 | | (5) "Veteran" means a person who served in the active military, 16 |
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95 | 95 | | naval, air, or space service and who was discharged or released from service 17 |
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96 | 96 | | under conditions other than dishonorable. 18 |
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97 | 97 | | (b)(1) Subject to the limitations provided in this section, there is 19 |
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98 | 98 | | allowed an income tax credit against the income tax imposed by this chapter 20 |
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99 | 99 | | in an amount equal to fifty percent (50%) of the eligible expenditures 21 |
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100 | 100 | | incurred by a family caregiver for the care and support of an eligible family 22 |
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101 | 101 | | member. 23 |
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102 | 102 | | (2) The maximum tax credit that may be claimed by a taxpayer in 24 |
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103 | 103 | | a tax year under this section is: 25 |
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104 | 104 | | (A) Two thousand dollars ($2,000); or 26 |
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105 | 105 | | (B) Three thousand dollars ($3,000), if the eligible 27 |
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106 | 106 | | family member for whom the family caregiver has incurred eligible 28 |
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107 | 107 | | expenditures is a veteran or has a diagnosis of dementia. 29 |
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108 | 108 | | (3) If two (2) or more taxpayers claim the income tax credit 30 |
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109 | 109 | | allowed under this section for the same eligible family member, the total 31 |
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110 | 110 | | amount of the income tax credit allowed under this section shall be allocated 32 |
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111 | 111 | | in equal amounts among the taxpayers. 33 |
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112 | 112 | | (4)(A) The total amount of the income tax credits allowed under 34 |
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113 | 113 | | this section shall not exceed one million five hundred thousand dollars 35 |
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114 | 114 | | ($1,500,000) in a calendar year. 36 HB1076 |
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117 | 117 | | (B) The income tax credit allowed under this section shall 1 |
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118 | 118 | | be awarded in the order in which the income tax credit is claimed, up to the 2 |
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119 | 119 | | maximum amount stated in subdivision (b)(4)(A) of this section. 3 |
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120 | 120 | | (c) The amount of the income tax credit under this section that may be 4 |
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121 | 121 | | claimed by the taxpayer in a tax year shall not exceed the amount of income 5 |
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122 | 122 | | tax due by the taxpayer. 6 |
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124 | 124 | | SECTION 3. EFFECTIVE DATE. Section 2 of this act is effective for tax 8 |
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125 | 125 | | years beginning on or after January 1, 2025. 9 |
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