Arkansas 2025 Regular Session

Arkansas House Bill HB1076 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1076 3
66 4
77 By: Representative Hudson 5
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1010 For An Act To Be Entitled 8
1111 AN ACT TO AMEND THE INCOME TAX LAWS; TO CREATE THE 9
1212 CARING FOR CAREGIVERS ACT; TO PROVIDE AN INCOME TAX 10
1313 CREDIT FOR EXPENSES INCURRED IN CARING FOR CERTAIN 11
1414 FAMILY MEMBERS; AND FOR OTHER PURPOSES. 12
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1717 Subtitle 15
1818 TO CREATE THE CARING FOR CAREGIVERS ACT; 16
1919 AND TO PROVIDE AN INCOME TAX CREDIT FOR 17
2020 EXPENSES INCURRED IN CARING FOR CERTAIN 18
2121 FAMILY MEMBERS. 19
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2323 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
2424 22
2525 SECTION 1. DO NOT CODIFY. Title. 23
2626 This act shall be known and may be cited as the "Caring for Caregivers 24
2727 Act". 25
2828 26
2929 SECTION 2. Arkansas Code Title 26, Chapter 51, Subchapter 5, is 27
3030 amended to add an additional section to read as follows: 28
3131 26-51-518. Caring for caregivers credit. 29
3232 (a) As used in this section: 30
3333 (1) "Activities of daily living" means: 31
3434 (A) Ambulating, which is the extent of an individual's 32
3535 ability to move from one (1) position to another and walk independently; 33
3636 (B) Feeding, which is the ability of an individual to feed 34
3737 himself or herself; 35
3838 (C) Dressing, which is the ability of an individual to 36 HB1076
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4141 select appropriate clothes and put the clothes on without aid; 1
4242 (D) Personal hygiene, which is the ability of an 2
4343 individual to bathe and groom himself or herself and maintain dental hygiene 3
4444 and nail and hair care; 4
4545 (E) Continence, which is the ability of an individual to 5
4646 control bladder and bowel function; and 6
4747 (F) Toileting, which is the ability of an individual to 7
4848 get to and from the toilet without aid, use the toilet appropriately, and 8
4949 clean himself or herself; 9
5050 (2)(A) "Eligible expenditure" means an expense directly related 10
5151 to assisting a family caregiver in providing care to an eligible family 11
5252 member. 12
5353 (B) "Eligible expenditure" includes without limitation: 13
5454 (i) An improvement or alteration to the primary 14
5555 residence of a family caregiver or an eligible family member to permit the 15
5656 eligible family member to live in the residence and to remain mobile, safe, 16
5757 and independent; 17
5858 (ii) The purchase or lease by a family caregiver of 18
5959 equipment, including without limitation durable medical equipment, that is 19
6060 necessary to assist an eligible family member in carrying out one (1) or more 20
6161 activities of daily living; and 21
6262 (iii) Other expenses paid or incurred by a family 22
6363 caregiver that assist the family caregiver in providing care to an eligible 23
6464 family member, including without limitation expenses related to: 24
6565 (a) Home care aides; 25
6666 (b) Respite care; 26
6767 (c) Adult day care; 27
6868 (d) Personal care attendants; 28
6969 (e) Healthcare equipment; and 29
7070 (f) Technology. 30
7171 (C) "Eligible expenditure" does not include expenses 31
7272 incurred in carrying out general household maintenance activities, including 32
7373 without limitation painting, plumbing services, electrical repairs, and 33
7474 exterior maintenance; 34
7575 (3) "Eligible family member" means an individual who: 35
7676 (A) Is at least sixty -two (62) years of age; 36 HB1076
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7979 (B) Requires assistance with at least two (2) activities 1
8080 of daily living, as certified by a licensed healthcare practitioner licensed 2
8181 under ยง 17-95-401 et seq.; 3
8282 (C) Qualifies as a dependent, spouse, parent, or other 4
8383 relation by blood or marriage to the family caregiver; and 5
8484 (D) Lives in a private residential home and not in an 6
8585 assisted living center, nursing facility, or residential care home; 7
8686 (4) "Family caregiver" means an individual who: 8
8787 (A) Provides care and support for an eligible family 9
8888 member; 10
8989 (B) Has a total adjusted gross income of less than fifty 11
9090 thousand dollars ($50,000), including the adjusted gross income of his or her 12
9191 spouse, if any; and 13
9292 (C) Has personally incurred uncompensated expenses 14
9393 directly related to the care of an eligible family member; and 15
9494 (5) "Veteran" means a person who served in the active military, 16
9595 naval, air, or space service and who was discharged or released from service 17
9696 under conditions other than dishonorable. 18
9797 (b)(1) Subject to the limitations provided in this section, there is 19
9898 allowed an income tax credit against the income tax imposed by this chapter 20
9999 in an amount equal to fifty percent (50%) of the eligible expenditures 21
100100 incurred by a family caregiver for the care and support of an eligible family 22
101101 member. 23
102102 (2) The maximum tax credit that may be claimed by a taxpayer in 24
103103 a tax year under this section is: 25
104104 (A) Two thousand dollars ($2,000); or 26
105105 (B) Three thousand dollars ($3,000), if the eligible 27
106106 family member for whom the family caregiver has incurred eligible 28
107107 expenditures is a veteran or has a diagnosis of dementia. 29
108108 (3) If two (2) or more taxpayers claim the income tax credit 30
109109 allowed under this section for the same eligible family member, the total 31
110110 amount of the income tax credit allowed under this section shall be allocated 32
111111 in equal amounts among the taxpayers. 33
112112 (4)(A) The total amount of the income tax credits allowed under 34
113113 this section shall not exceed one million five hundred thousand dollars 35
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117117 (B) The income tax credit allowed under this section shall 1
118118 be awarded in the order in which the income tax credit is claimed, up to the 2
119119 maximum amount stated in subdivision (b)(4)(A) of this section. 3
120120 (c) The amount of the income tax credit under this section that may be 4
121121 claimed by the taxpayer in a tax year shall not exceed the amount of income 5
122122 tax due by the taxpayer. 6
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124124 SECTION 3. EFFECTIVE DATE. Section 2 of this act is effective for tax 8
125125 years beginning on or after January 1, 2025. 9
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