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 purchases 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 15 percent of the purchase price of the residence. (2)

Allocation of credit amount

At the election of the taxpayer, the amount of the credit allowed under paragraph (1) (after application of subsection (b)(1)) 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)

Dollar limitation

The amount of the credit allowed under paragraph (1) shall not exceed $18,000. (2)

Married individuals filing separately

In the case of 2 married individuals filing separately, paragraph (1) shall be applied to each such individual by substituting $7,500 for $9,000. (3)

Other 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 $18,000. (4)

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 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. (5)

Limitation based on modified adjusted gross income

(A)

In general

The amount allowable as a credit under subsection (a) (determined without regard to this paragraph) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— (i)the excess (if any) of— (I)the taxpayer’s modified adjusted gross income for such taxable year, over (II)$150,000 ($300,000 in the case of a joint return), bears to (ii)$75,000. (B)

Modified adjusted gross income

For purposes of subparagraph (A), the term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. (c)

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 60 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 60-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. (d)

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— (1)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (2)the sum of the credits allowable under this subpart (other than this section) for the taxable year. (e)

Definitions and special rules

For purposes of this section— (1)

Principal residence

The term principal residence has the same meaning as when used in section 121. (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. (4)

Denial of double benefit

(A)

Coordination with other credits

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

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. (f)

Application of section

This section shall not apply to residences purchased during the 1-year period beginning on the date of the enactment of this subsection.

(b)

Conforming amendment

Subsection (a) of section 1016 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(e)(4).

(c)

Clerical amendment

The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item:

Sec. 25E. Credit for certain home purchases.

(d)

Effective date

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