Delaware General Assembly

Lieu/Substituted 4/6/22

The General Assembly has ended, the current status is the final status.

SS 1 for SB 143

5/19/21

Mantzavinos

Reps. Griffith, Baumbach

Sen. Ennis, Hansen, Lockman, Pinkney, Walsh
Reps. Brady, K. Johnson, Lambert, Mitchell, Ramone, Michael Smith

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO INCOME TAX CREDITS.

This bill creates a nonrefundable individual income tax credit for qualified expenses incurred by a family caregiver (claimant) to assist a qualified family member. To be qualified, a family member must be at least 18 years of age, must require assistance with one or more daily living activities as certified by a physician, and must be an immediate family member of the claimant or by marriage, blood, or adoption the claimant's great-grandparent, stepgrandparent, great uncle or great aunt, half brother or half sister, stepbrother or stepsister, stepparent, stepuncle or stepaunt, or first cousin. Subject to a number of limitations, a claimant may claim 50% of the costs of qualified expenses the claimant paid for in the year to which the claim relates. These expenses include amounts spent to improve the claimant's primary residence to assist the family member, equipment to help the family member with daily living activities, and obtaining other goods or services to help the claimant care for the family member. The maximum amount of credit that may be claimed each year for a particular family member is $2,000 or $1,000 if married spouses file separately. If more than one claimant may file a claim related to that family member, the amount of credit each may claim is based on the percentage of the family member's qualified expenses for which each claimant paid during the year. No credit may be claimed by a claimant whose taxable income in the year to which the claim relates exceeds $75,000 if the claimant is single or is married and files separately or $150,000 if the claimant is married and files jointly. Generally under the bill, qualified expenses may not include general food, clothing, transportation, or household repair costs, or amounts that are paid or reimbursed by an insurance company or the government. The credit first applies to taxable years beginning after December 31, 2020. Because the credit is nonrefundable, it may be claimed only up to the amount of the claimant's tax liability.

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Takes effect upon being signed into law

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