I 111th CONGRESS 1st Session H. R. 3760 IN THE HOUSE OF REPRESENTATIVES October 8, 2009 Mrs. Biggert (for herself, Mr. McHenry, Mr. Paul, Mr. Lance, Mr. Thompson of Pennsylvania, Mr. Jones, Mrs. Bono Mack, Mr. King of New York, Mr. Gary G. Miller of California, and Mr. Duncan) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases.

1.

Short title

This Act may be cited as the Home Buyer Tax Credit Act of 2009.

2.

Credit for certain home purchases

(a)

Allowance of Credit

Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:

25E.

Credit for certain home purchases

(a)

Allowance of Credit

(1)

In general

In the case of an individual who is a purchaser of a principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 10 percent of the purchase price of the residence. (2)

Dollar limitation

The amount of the credit allowed under paragraph (1) shall not exceed $15,000. (3)

Allocation of credit amount

At the election of the taxpayer, the amount of the credit allowed under paragraph (1) (after application of paragraph (2)) may be equally divided among the 2 taxable years beginning with the taxable year in which the purchase of the principal residence is made. (b)

Limitations

(1)

Date of purchase

The credit allowed under subsection (a) shall be allowed only with respect to purchases made— (A)after the date of the enactment of the Home Buyer Tax Credit Act of 2009, and (B)on or before the date that is 1 year after such date of enactment. (2)

Limitation based on amount of tax

In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B)the sum of the credits allowable under this subpart (other than this section) for the taxable year. (3)

One-time only

(A)

In general

If a credit is allowed under this section in the case of any individual (and such individual’s spouse, if married) with respect to the purchase of any principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other principal residence by such individual or a spouse of such individual. (B)

Joint purchase

In the case of a purchase of a principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other principal residence. (c)

Principal Residence

For purposes of this section, the term principal residence has the same meaning as when used in section 121. (d)

Denial of Double Benefit

No credit shall be allowed under this section for any purchase for which a credit is allowed under section 36 or section 1400C. (e)

Special Rules

(1)

Joint purchase

(A)

Married individuals filing separately

In the case of 2 married individuals filing separately, subsection (a) shall be applied to each such individual by substituting $7,500 for $15,000 in subsection (a)(1). (B)

Unmarried individuals

If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $15,000. (2)

Purchase

In defining the purchase of a principal residence, rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply. (3)

Reporting requirement

Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. (f)

Recapture of Credit in the Case of Certain Dispositions

(1)

In general

In the event that a taxpayer— (A)disposes of the principal residence with respect to which a credit was allowed under subsection (a), or (B)fails to occupy such residence as the taxpayer’s principal residence, at any time within 24 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit.(2)

Exceptions

(A)

Death of taxpayer

Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer’s death. (B)

Involuntary conversion

Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 24-month period described in such paragraph as if such new principal residence were the converted residence. (C)

Transfers between spouses or incident to divorce

In the case of a transfer of a residence to which section 1041(a) applies— (i)paragraph (1) shall not apply to such transfer, and (ii)in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). (D)

Relocation of members of the armed forces

Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. (3)

Joint returns

In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. (4)

Return requirement

If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle. (g)

Basis Adjustment

For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. (h)

Election To Treat Purchase in Prior Year

In the case of a purchase of a principal residence after December 31, 2009, and on or before the date described in subsection (b)(1)(B), a taxpayer may elect to treat such purchase as made on December 31, 2009, for purposes of this section.

. (b)

Conforming Amendments

(1)Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking and 25B and inserting , 25B, and 25E. (2)Section 25(e)(1)(C)(ii) of such Code is amended by inserting 25E, after 25D,. (3)Section 25B(g)(2) of such Code is amended by striking section 23 and inserting sections 23 and 25E. (4)Section 904(i) of such Code is amended by striking and 25B and inserting 25B, and 25E. (5)Section 1016(a) of such Code is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and, and by adding at the end the following new paragraph: (38)to the extent provided in section 25E(g). . (c)

Clerical Amendment

The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Credit for certain home purchases. . (d)

Sunset of Current First-Time Homebuyer Credit

(1)

In general

Subsection (h) of section 36 of the Internal Revenue Code of 1986 is amended by striking before December 1, 2009 and inserting on or before the date of the enactment of the Home Buyer Tax Credit Act of 2009. (2)

Election to treat purchase in prior year

Subsection (g) of section 36 of the Internal Revenue Code of 1986 is amended by striking before December 1, 2009 and inserting on or before the date of the enactment of the Home Buyer Tax Credit Act of 2009. (e)

Effective Date

The amendments made by this section shall apply to purchases after the date of the enactment of this Act.

3.

Rescission of ARRA appropriations

(a)

In general

Effective on the date of the enactment of this Act, of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), the applicable percentage of unobligated balances are rescinded. (b)

Applicable percentage

For purposes of this section, the term applicable percentage means the percentage that the Secretary of the Treasury estimates will result in an increase in revenue to the Treasury equal to the decrease in revenue by reason of the amendments made by section 2 of this Act.