[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2398 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2398

 To amend the Internal Revenue Code of 1986 to waive recapture of the 
first-time homebuyer credit for a member of the Armed Forces who sells 
 the residence for which the member receives the credit during the 36-
month period after the purchase of the residence because the member is 
transferred to a new duty station, is deployed overseas, or is required 
          to reside in Government quarters during such period.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2009

  Mr. Jones introduced the following bill; which was referred to the 
                      Committee on Ways and Means

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                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to waive recapture of the 
first-time homebuyer credit for a member of the Armed Forces who sells 
 the residence for which the member receives the credit during the 36-
month period after the purchase of the residence because the member is 
transferred to a new duty station, is deployed overseas, or is required 
          to reside in Government quarters during such period.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Service Members First-Time Homebuyer 
Relief Act of 2009''.

SEC. 2. WAIVER OF RECAPTURE OF FIRST-TIME HOMEBUYER CREDIT FOR MEMBERS 
              OF THE ARMED FORCES TRANSFERRED TO DIFFERENT DUTY 
              STATIONS OR DEPLOYED OVERSEAS.

    (a) In General.--Paragraph (4) of section 36(f) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
subparagraph:
                    ``(E) Special rule for members of armed forces.--In 
                the case of a member of the Armed Forces of the United 
                States, subparagraph (D) shall be applied without 
                regard to clause (ii) thereof if, after the date of the 
                purchase of the principal residence described therein, 
                such member receives Government orders for service on 
                qualified official extended duty (as defined in section 
                121(d)(9)(C)) under which such member is required to 
                deploy outside the United States, make a permanent or 
                temporary change of station to a duty station that is 
                at least 50 miles from such residence, or reside in 
                Government quarters. This subparagraph applies 
                regardless of whether the Government orders provide for 
                the return of the member to the original duty station 
                at the end of the deployment or temporary duty.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the amendments made by section 1006 of 
the American Recovery and Reinvestment Tax Act of 2009.
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