S 3076 ISCommentsClose CommentsPermalink

To amend the Internal Revenue Code of 1986 to provide a tax deduction for itemizers and nonitemizers for expenses relating to home schooling.CommentsClose CommentsPermalink

June 3, 2008

Mr. VITTER introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To amend the Internal Revenue Code of 1986 to provide a tax deduction for itemizers and nonitemizers for expenses relating to home schooling.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Home School Opportunities Make Education Sound Act of 2008'.CommentsClose CommentsPermalink

SEC. 2. ITEMIZER DEDUCTION FOR HOME SCHOOL EDUCATION EXPENSES.

(a) In General- Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended--CommentsClose CommentsPermalink





(1) by redesignating section 224 as section 225, andCommentsClose CommentsPermalink





(2) by inserting after section 223 the following new section:CommentsClose CommentsPermalink

`SEC. 224. HOME SCHOOL EDUCATION EXPENSES.

`(a) Allowance of Deduction- In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified home school education expenses paid by the taxpayer during the taxable year on behalf of each qualifying child of the taxpayer.CommentsClose CommentsPermalink





`(b) Maximum Deduction- The deduction allowed by subsection (a) for the taxable year shall not exceed the lesser of--CommentsClose CommentsPermalink





`(1) $500 for any qualifying child of the taxpayer, andCommentsClose CommentsPermalink





`(2) $2,000 in the aggregate for all qualifying children of the taxpayer.CommentsClose CommentsPermalink





`(c) Definitions- For purposes of this section--CommentsClose CommentsPermalink





`(1) QUALIFYING CHILD- The term `qualifying child' has the meaning given to such term in section 24(c).CommentsClose CommentsPermalink





`(2) QUALIFIED HOME SCHOOL EDUCATION EXPENSES-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `qualified home school education expenses' means expenses for--CommentsClose CommentsPermalink





`(i) books, supplies, and other equipment necessary for a course of instruction in a classroom environment,CommentsClose CommentsPermalink





`(ii) academic tutoring,CommentsClose CommentsPermalink





`(iii) special needs services for qualifying children with disabilities (within the meaning of the Americans With Disabilities Act of 1990), andCommentsClose CommentsPermalink





`(iv) any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used by the qualifying child and the qualifying child's family during any of the years that the qualifying child is educated in an elementary or secondary home school (not including computer equipment designed for sports, games, or hobbies unless such equipment is primarily educational in nature),CommentsClose CommentsPermalink





in connection with a course of instruction in an elementary or secondary home school.CommentsClose CommentsPermalink





`(B) ELEMENTARY OR SECONDARY HOME SCHOOL- The term `elementary or secondary home school' includes any home school that meets the requirements of State law applicable to such home schools and that provides elementary education or secondary education (kindergarten through grade 12), whether or not such home school is deemed a private school for purposes of State law.CommentsClose CommentsPermalink





`(d) Special Rules-CommentsClose CommentsPermalink





`(1) DENIAL OF DOUBLE BENEFIT- Except as provided in paragraphs (2) and (3), no deduction shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed to the taxpayer under any other provision of this chapter.CommentsClose CommentsPermalink





`(2) ADJUSTMENT FOR COVERDELL EDUCATION SAVINGS ACCOUNT DISTRIBUTIONS AND HOPE AND LIFETIME LEARNING CREDITS- The amount of qualified home school education expenses taken into account under subsection (a) with respect to a qualifying child for a taxable year shall be reduced by the sum of--CommentsClose CommentsPermalink





`(A) the amount of any credit allowed under section 25A with respect to such child for such taxable year, andCommentsClose CommentsPermalink





`(B) any amounts excludable under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such child for such taxable year.CommentsClose CommentsPermalink





`(3) ADJUSTMENT FOR CERTAIN SCHOLARSHIPS, ETC- Rules similar to the rules under section 25A(g)(2) shall apply for purposes of this section.CommentsClose CommentsPermalink





`(4) IDENTIFICATION REQUIREMENT, LIMITATION ON TAXABLE YEAR OF DEDUCTION, ETC- Rules similar to the rules under paragraphs (2), (4), and (5) of section 222(d) shall apply for purposes of this section.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 224 and inserting the following new items:CommentsClose CommentsPermalink





`224. Home school education expenses.CommentsClose CommentsPermalink





`225. Cross reference.'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2007.CommentsClose CommentsPermalink

SEC. 3. ADDITIONAL STANDARD DEDUCTION FOR HOME SCHOOL EDUCATION EXPENSES FOR NONITEMIZERS.

(a) In General- Section 63(c)(1) of the Internal Revenue Code of 1986 (defining standard deduction) is amended--CommentsClose CommentsPermalink





(1) by striking `and' at the end of subparagraph (A),CommentsClose CommentsPermalink





(2) by striking the period at the end of subparagraph (B) and inserting `, and', andCommentsClose CommentsPermalink





(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(C) the home school education expenses deduction.'.CommentsClose CommentsPermalink





(b) Definition- Section 63(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(8) HOME SCHOOL EDUCATION EXPENSES DEDUCTION-CommentsClose CommentsPermalink





`(A) IN GENERAL- For purposes of paragraph (1), the home school education expenses deduction is so much of the amount of the qualified home school education expenses paid by the taxpayer during the taxable year on behalf of each qualifying child of the taxpayer--CommentsClose CommentsPermalink





`(i) as does not exceed $500 with respect to each such qualifying child, andCommentsClose CommentsPermalink





`(ii) as does not exceed $2,000 in the aggregate with respect to all such qualifying children.CommentsClose CommentsPermalink





`(B) QUALIFYING CHILD; QUALIFIED HOME SCHOOL EDUCATION EXPENSES- For purposes of subparagraph (A)--CommentsClose CommentsPermalink





`(i) the term `qualifying child' has the meaning given to such term in section 24(c), andCommentsClose CommentsPermalink





`(ii) the term `qualified home school education expenses' has the meaning given to such term in section 224(c)(2).CommentsClose CommentsPermalink





`(C) SPECIAL RULES- Rules similar to the rules of section 224(d) shall apply for purposes of this paragraph.'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2007.CommentsClose CommentsPermalink