Assigned to FIN & FS                                                                                                       FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR S.B. 1226

 

in-home elderly care; tax credits

 

Purpose

 

            Establishes a refundable tax credit for persons living with a disabled spouse, parent or sibling age 65 or older. Establishes an elderly care provider training and registration program within the Department of Economic Security (DES).

 

Background

 

Federal law allows a tax credit for dependent care and a personal exemption for an elderly person in the household. State law also allows a tax credit for property taxes paid by a person age 65 or older on an income-based scale.

 

Similar bills were introduced in 1998 and again in 1999, but were not heard.  The Joint Legislative Budget Committee fiscal note dated January 28, 1998, reflects a state general fund revenue loss of $8.1 million and a cost to DES of $681,000 in FY 1998-1999.  An updated fiscal note has been requested for this year. 

 

Provisions

 

Disabled Elderly Tax Credit

 

1.      Establishes a refundable tax credit for providing housing to the taxpayer’s disabled relative age 65 or older.

 

2.      Defines a qualified taxpayer as one who:

 

a)      Is a full time resident.

b)      Pays property taxes or rent, a portion of which is attributable to property tax, on the residence.

c)      Provides housing in the residence to a disabled spouse, parent or sibling age 65 or older for at least six consecutive months.

d)      Is registered with DES as an in-home elderly care provider.

 

3.      Limits the tax credit to half of the residence property taxes, or half of the portion of rent constituting property taxes, not exceeding $500.

 

4.      Requires the Department of Revenue (DOR) to make claim forms available to taxpayers.

 


5.      Requires the taxpayer to furnish the following information to claim the tax credit:

 

a)      The disabled person’s social security number or tax identification number.

b)      The taxpayer’s DES registration number.

c)      A doctor’s statement certifying the disability of the elderly person.

d)      The residence property tax statement or assessor’s tax code and percentage of rent attributable to property tax.

 

6.      Requires the taxpayer to file the claim by April 15. DOR may grant a six-month extension.

 

7.      Requires DOR to apply tax credits in excess of taxes due to unpaid balances and debts owed to the state, before paying a refund to the taxpayer.

 

8.      Allows spouses filing separate returns to split the credit, up to the amount that would have been allowed under a joint return.

 

9.      Specifies that the tax credit is in lieu of an exemption for the disabled person age 65 or older.

 

10.  Contains a retroactive effective date of January 1, 2001 for the tax credit.

 

Provider Training and Registration Program

 

11.  Establishes an in-home elderly care provider training and registration program within DES.

 

12.  Requires DES to provide training to persons who provide care, in their residences, to disabled persons age 65 or older.

 

13.  Requires DES to coordinate the training with the Aging & Adult Administration, Adult Protective Services and Long-Term Care Ombudsman programs within the DES Division of Aging and Community Services.

 

14.  Requires DES to include in the training information on support services and managing long-term care expenses.

 

15.  Requires DES to provide training programs at various times throughout the year in different locations throughout the state.

 

16.  Requires DES to maintain a register of trained in-home elderly caregivers.

 

17.  Requires DES to publicize the program.

 

18.  Requires DES to design, publish and furnish forms for doctors to certify that an elderly person is disabled and not able to take care of daily needs.

 


General

 

19.  Repeals the tax credit and the provider program on January 1, 2005.

 

20.  Provides for a general effective date for the program.

 

 

Prepared by Senate Staff

January 29, 2001