H.R. 8538

119 HR 8538 IH: Save America’s Family Forests Act of 2026
 U.S. House of Representatives
 2026-04-28
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  2d Session  H. R. 8538  IN THE HOUSE OF REPRESENTATIVES   April 28, 2026   Mr. Carter of Georgia  (for himself,  Ms. Sewell ,  Mr. Bean of Florida ,  Mr. Thompson of California ,  Mr. Steube ,  Mr. Murphy , and  Mr. Moran ) introduced the following bill; which was referred to the  Committee on Ways and Means    A BILL
To amend the Internal Revenue Code of 1986 to allow for limited full expensing of certain reforestation expenditures.
1.
Short title
This Act may be cited as the   Save America’s Family Forests Act of 2026  .
2.
Modification of reforestation expenditure rules
(a)
Increase in base expensing amount
 Section 194(b)(1)(B)  of the Internal Revenue Code of 1986 is amended—
(1)
in clause (i), by striking  $10,000  and inserting  $30,000 , and
(2)
in clause (ii), by striking  $5,000  and inserting  $15,000 .
(b)
Inflation adjustment for base expensing
Section 194(b)(1) of such Code is amended by adding at the end the following new subparagraph:
(C)
Inflation adjustment
(i)
In general
In the case of any taxable year beginning after 2026, each dollar amount in subparagraph (B) shall be increased by an amount equal to—
(I)
such dollar amount, multiplied by
(II)
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting  calendar year 2025  for  calendar year 2016  in subparagraph (A)(ii) thereof.
(ii)
Rounding
If any increase determined under clause (i) is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.
 .
(c)
Effective date
The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2026.
3.
Treatment of reforestation expenditures for qualified natural disasters
(a)
In general
Part VI of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by inserting after section 194A the following new section:
194B.
Treatment of reforestation expenditures for qualified natural disasters
(a)
In general
(1)
In general
In the case of any qualified timber property with respect to which the taxpayer has made an election under this section, there shall be allowed a deduction for the taxable year in an amount equal to the lesser of—
(A)
so much of the disaster-related reforestation expenditures paid or incurred by the taxpayer during such taxable year with respect to each qualified timber property of the taxpayer as does not exceed $500,000 ($250,000 in the case of a married taxpayer filing separately) with respect to any such property, or
(B)
$1,000,000 ($500,000 in the case of a married taxpayer filing separately), in the aggregate for all qualified timber properties with respect to disaster related-reforestation expenditures.
(2)
Election
An election under this section shall be made at such time and in such manner as the Secretary may prescribe, including on an amended return.
(3)
Determination of marital status
For purposes of this section, marital status shall be determined under section 7703(a).
(4)
Inflation adjustment
(A)
In general
In the case of any taxable year beginning after 2026, each of the dollar amounts in  paragraph (1)  shall be increased by an amount equal to—
(i)
such dollar amount, multiplied by
(ii)
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting  calendar year 2025  for  calendar year 2016  in subparagraph (A)(ii) thereof.
(B)
Rounding
If any increase under  subparagraph (A)  is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.
(5)
Controlled groups
(A)
In general
In the case of a controlled group of corporations or trades or businesses under common control, the limitations of  paragraph (1)  shall be allocated among the members of such group in accordance with regulations prescribed by the Secretary.
(B)
Definition
For purposes of  subparagraph (A) , the term  controlled group  has the meaning given to the term controlled group of corporations in section 1563(a), except that section 1563(a)(1) shall be applied by substituting  more than 50 percent  for  at least 80 percent  in each instance.
(C)
Pass thru entity
In the case of a partnership or S corporation, the aggregate amount described in  paragraph (1)(B)  shall be applied at the partnership or S corporation level, respectively.
(b)
Definitions and special rules
For purposes of this section—
(1)
Disaster-related reforestation expenditures
(A)
In general
The term  disaster-related reforestation expenditures  means reforestation expenditures paid or incurred in connection with uncut timber that was damaged or destroyed as a direct result of a qualified natural disaster which occurred during the 5-year period ending on the date on which such reforestation occurs, determined without regard—
(i)
to any expenditure with respect to which the taxpayer has received reimbursement under any governmental reforestation cost-sharing program unless the amounts so reimbursed have been included in the gross income of the taxpayer, and
(ii)
any expenditures with respect to which a deduction is allowed under section 194(a).
(B)
Qualified timber property; reforestation expenditures; cost-sharing programs
The terms  qualified timber property ,  reforestation expenditures , and  cost-sharing programs  have the meanings given such terms in section 194(c).
(C)
Uncut timber
The term  uncut timber  means, with respect to a qualified natural disaster, standing timber that had not been harvested, severed, or otherwise cut before such qualified natural disaster occurred.
(D)
Qualified natural disaster
The term  qualified natural disaster  means any disaster determined by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(2)
Treatment of trusts and estates
The aggregate amount of disaster-related reforestation expenditures incurred by any trust or estate shall be apportioned between the income beneficiaries and the fiduciary under regulations prescribed by the Secretary.
(3)
Coordination with other deductions
No deduction shall be allowed under any other provision other this chapter with respect to any expenditure with respect to which a deduction is allowed or allowable under subsection (a) to the taxpayer.
(c)
Recapture upon early disposition
(1)
In general
If a taxpayer disposes of any qualified timber property (or any timber thereon) with respect to which a deduction was allowed under  subsection (a)  within the 10-taxable-year period beginning with the taxable year in which such deduction was claimed, such property shall be treated as section 1245 property, and the amount required to be recaptured as ordinary income shall be determined under section 1245 and included in gross income for the taxable year of disposition.
(2)
Recapture amount
For purposes of applying section 1245, the amount subject to recapture shall not exceed the deduction allowed under  subsection (a)  with respect to such property.
(3)
Partial dispositions
In the case of a disposition of only a portion of the qualified timber property, the applicable portion of the deduction allowed under  subsection (a)  shall be subject to recapture under section 1245 in the same proportion that the disposed portion bears to the entire property.
(4)
Exceptions
 Paragraph (1)  shall not apply to a disposition which occurs by reason of—
(A)
casualty, condemnation, or governmental taking, or
(B)
death of the taxpayer.
(d)
Regulations
The Secretary shall prescribe such regulations as necessary or appropriate to carry out this subsection, including rules for determining proportional allocations.
 .
(b)
Clerical amendment
The table of sections for part VI of subchapter B of chapter 1 of subtitle A is amended by inserting after the item relating to section 194A the following new item:
Sec. 194B. Treatment of reforestation expenditures for qualified
  natural disasters.
  .
(c)
Effective date
The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2026.