Earthquake Mitigation and Tax Parity Act

“139H. State-based earthquake loss mitigation programs

“(a) In general—Gross income shall not include any earthquake loss mitigation received by a residential property owner or occupant under a State-based earthquake loss mitigation program.

“(b) Earthquake loss mitigation—For purposes of this section—

“(1) In general—The term earthquake loss mitigation means any property or service that reduces seismic risks to a residential structure or its contents.

“(2) Treatment of reimbursements, etc—Such term shall include any payment, reimbursement, loan, loan forgiveness, grant, credit, rebate, voucher, or other financial incentive for any property or service described in paragraph (1).

“(3) Seismic—The term seismic has the meaning given such term by section 4(3) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7703(3)).

“(c) Earthquake loss mitigation program—For purposes of this section, the term earthquake loss mitigation program means any program which provides residential property owners or occupants with earthquake loss mitigation and which is established by a State, or agency, instrumentality, or political subdivision thereof, by itself or together with—

“(1) an organization described in section 501(c) and exempt from tax under section 501(a),

“(2) an organization determined to be exempt from State taxes pursuant to the laws of the relevant State, or

“(3) a public instrumentality of a State pursuant to a joint exercise of powers.

“(d) Special rules

“(1) No increase in basis—Notwithstanding any other provision of this subtitle, no increase in the basis or adjusted basis of any property shall result from any amount excluded under this subsection with respect to such property.

“(2) Denial of double benefit—Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any qualified earthquake mitigation which was provided with respect to such expenditure.”