I 111th CONGRESS 1st Session H. R. 3573 IN THE HOUSE OF REPRESENTATIVES September 15, 2009 Mr. Blumenauer 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 prevent a change in residency as a result of extended official duty in the uniformed services, Foreign Service, or intelligence community from triggering the repayment provisions of the first time homebuyer credit, and for other purposes.

1.

Short title

This Act may be cited as the Call to Service Homebuyer Credit Act of 2009.

2.

Exception to repayment provisions of first-time homebuyer credit for members of uniformed services, Foreign Service, and intelligence community serving on qualified official extended duty

(a)

In general

Section 36 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h)

Special rule for members of the uniformed services, Foreign Service, and Intelligence Community serving on qualified official extended duty

For purposes of this section, a residence shall not be treated as ceasing to be the principle residence of the taxpayer (or the taxpayer’s spouse) for any period in which the taxpayer (or the taxpayer’s spouse) is serving on qualified official extended duty as a member of the uniformed services, a member of the Foreign Service of the United States, or an employee of the intelligence community merely because of such service. For purposes of the preceding sentence, terms used in the preceding sentence shall have the same meaning as when used in section 121(d)(9). . (b)

Effective Date

The amendment made by this section shall apply to residences purchased on or before November 30, 2009.

3.

Extension of first-time homebuyer credit for members of the Armed Forces, Foreign Service, and Intelligence Community serving outside the United States

(a)

In General

Subsection (i) of section 36 of the Internal Revenue Code of 1986 (as redesignated by section 2) is amended— (1)by striking This section and inserting the following: (1)

In general

This section , and (2)by adding at the end the following: (2)

Special rules for members of Armed Forces, Foreign Service, and Intelligence Community outside United States

In the case of an individual serving on qualified official extended duty outside of the United States as a member of the Armed Forces, Foreign Service, or Intelligence Community of the United States for a period in 2009 before December 1, 2009, of not less than 90 days— (A)paragraph (1) shall be applied by substituting December 1, 2010 for December 1, 2009, (B)subsection (f)(4)(D) shall be applied by substituting December 1, 2010 for December 1, 2009, and (C)in lieu of subsection (g), in the case of a purchase of a principal residence after November 30, 2009, and before December 1, 2010, the taxpayer may elect to treat such purchase as made on December 31, 2009, for purposes of this section (other than subsections (c) and (f)(4)(D)). For purposes of the preceding sentence, the term qualified official extended duty has the meaning given such term by section 121(d)(9).. (b)

Coordination With First-Time Homebuyer Credit for District of Columbia

Paragraph (4) of section 1400C(e) of such Code is amended by inserting (December 1, 2010, in the case of a purchase subject to section 36(i)(2)) after December 1, 2009. (c)

Effective Date

The amendments made by this section shall apply to residences purchased after November 30, 2009.