,i #aaith ,,congress #ast ,session ,h4 ,r4 #cige ,,in ,,the ,,house ,,of ,,representatives ,june #ab1 #bjbe,mr4 ,kennedy of ,new ,york 7for himself1 ,mr4 ,huffman1 ,ms4 ,barragn1 ,ms4 ,norton1 ,mr4 ,neguse1 ,ms4 ,tokuda1 ,ms4 ,tlaib1 and ,ms4 ,chu7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to provide a lookback rule in the case of certain federally declared disasters for amounts related to earned income for purposes of determining certain tax credits4 #a4 ,short title ,this ,act may be cited as the ,tax ,fairness for ,disaster ,victims ,act4 #b4 ,lookback rule in case of certain federally declared disasters for amounts related to earned income for purposes of determining certain tax credits 7a7 ,in general ,section #cb of the ,internal ,revenue ,code of #aihf is amended by inserting after subsection 7f7 the following new subsection3 7g7 ,lookback rule for determining amounts related to earned income in case of certain federally declared disasters 7#a7 ,in general ,in the case of a qualified individual who elects the application of this subsection 7at such time and in such manner as the ,secretary may provide7-- 7,a7 if the earned income of the taxpayer for the taxable year which includes the applicable date is less than the earned income of the taxpayer for the preceding taxable year1 the credits allowed under this section and section #bd7;d7 shall be determined by substituting-- 7i7 such earned income for the preceding taxable year1 for 7ii7 such earned income for the taxable year which includes the applicable date1 and 7,b7 if the social security taxes of the taxpayer for the taxable year which includes the applicable date is less than the social security taxes of the taxpayer for the preceding taxable year1 the credit allowed under section #bd7;d7 shall be determined by substituting-- 7i7 such social security taxes for the preceding taxable year1 for 7ii7 such social security taxes for the taxable year which includes the applicable date4 7#b7 ,definitions ,for purposes of this subsection-- 7,a7 ,qualified individual ,the term qualified individual means any individual whose principal place of abode on the applicable date was located in a disaster area with respect to a federally declared disaster4 7,b7 ,applicable date ,the term applicable date means1 with respect to any federally declared disaster1 the first day of the period specified by the ,federal ,emergency ,management ,agency as the period during which such disaster occurred4 7,c7 ,federally declared disaster2 disaster area ,the terms federally declared disaster and disaster have the respective meanings given such terms by section #afe7;i77#e74 7,d7 ,social security taxes ,the term social security taxes has the meaning given such term by section #bd7;d77#b74 7#c7 ,application to joint returns ,for purposes of paragraph 7#a71 in the case of a joint return-- 7,a7 such paragraph shall apply if either spouse is a qualified individual1 7,b7 the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year1 and 7,c7 the social security taxes of the taxpayer for the preceding taxable year shall be the sum of the social security taxes of each spouse for such preceding taxable year4 7#d7 ,uniform application of election ,any election made under paragraph 7#a7 shall apply for all purposes of paragraph 7#a74 7#e7 ,no effect on determination of gross income1 etc ,except as otherwise provided in this subsection1 this title shall be applied without regard to any substitution under paragraph 7#a74 4 7b7 ,treatment as mathematical or clerical errors ,section #fbac7;g77#b7 of such ,code is amended by striking and at the end of subparagraph 7,u71 by striking the period at the end of subparagraph 7,v7 and inserting 1 and1 and by inserting after subparagraph 7,v7 the following new subparagraph3 7,w7 an incorrect use of earned income or social security taxes pursuant to section #cb7;g74 4 7c7 ,effective date ,the amendments made by this section shall apply to determinations of earned income and social security taxes for taxable years beginning after the date of the enactment of this ,act4