Flood Insurance Affordability Tax Credit Act
The Flood Insurance Affordability Tax Credit Act would create a new refundable tax credit (36C) equal to 33% of the flood insurance premiums paid for a taxpayer’s principal residence under the National Flood Insurance Act. The credit is phased out for higher-income households using a formula tied to the federal poverty line and family size, so low- and middle-income households get a larger benefit while higher-income households receive a smaller or no credit. The bill also establishes an advance payment program (7527B) under which the Secretary can pay up to 33% of the premiums on behalf of eligible individuals to FEMA, with reconciliation at year-end. The credit cannot be claimed if a taxpayer files separately when married, and dependents cannot double-count deductions for this credit. The proposal coordinates with existing tax rules and disallows a deduction for any portion of premiums covered by the credit. Effective for amounts paid or incurred in taxable years beginning after enactment, the act also makes related conforming and clerical changes.
Key Points
- 1New refundable credit (Section 36C): Allows a credit equal to 33% of applicable flood insurance premiums paid or incurred for the taxpayer’s principal residence insured under the NFIP.
- 2Income-based phaseout: The credit is reduced based on household income relative to 350% of the poverty line, with a phaseout amount ending at 435% of the poverty line. Family size and poverty measures follow rules similar to Section 36B.
- 3Eligibility rules: No credit for married individuals filing separately; no credit for a dependent if another taxpayer can claim a deduction under Section 151 for that dependent.
- 4Advance payments (Section 7527B): The Secretary must create a program to make advance payments of the flood insurance credit to FEMA on behalf of eligible individuals, capped at 33% of premiums for the year (reduced by the standard credit phaseout). Payments use current tax information or other reliable data to determine the amount.
- 5Credit reconciliation and coordination: Any advance payments reduce the actual credit available; the act also requires coordination with the advance payment program and includes an added prohibition on double benefits through existing deductions (Section 280C).
- 6Effective date: Provisions apply to amounts paid or incurred in taxable years beginning after enactment.