II 112th CONGRESS 2d Session S. 3224 IN THE SENATE OF THE UNITED STATES May 23, 2012 Ms. Stabenow introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to prevent an unfair tax burden for veterans and homeowners who have received assistance from the National Mortgage Settlement, and for other purposes.

1.

Short title

This Act may be cited as the Homeowners and Military Families Tax Fairness Act.

2.

Extension of income exclusion for discharge of qualified principal residence indebtedness

(a)

In general

Subparagraph (E) of section 108(a)(1) of the Internal Revenue Code of 1986 is amended by striking January 1, 2013 and inserting January 1, 2016. (b)

Application to certain agreements

Subparagraph (E) of section 108(a)(1) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by inserting before the period the following: , or which is discharged after such date pursuant to an agreement entered into before such date under the programs created pursuant to, or using funds authorized by the Emergency Economic Stabilization Act of 2008. (c)

Effective date

(1)

Subsection (a)

The amendment made by subsection (a) shall apply to discharges in taxable years beginning after December 31, 2012. (2)

Subsection (b)

The amendment made by subsection (b) shall take effect on the date of the enactment of this Act.

3.

Extension of deduction for mortgage insurance premiums

(a)

In general

Subclause (I) of section 163(h)(3)(E)(i) of the Internal Revenue Code of 1986 is amended by striking December 31, 2011 and inserting December 31, 2012. (b)

Effective date

The amendment made by this section shall apply to amounts paid or accrued after December 31, 2011.

4.

Exclusions relating to National Mortgage Settlement payments

(a)

In general

Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139D the following new section:

139E.

National Mortgage Settlement

(a)

General rule

In the case of an individual, gross income shall not include any National Mortgage Settlement amount. (b)

National Mortgage Settlement amount defined

For purposes of subsection (a), the term National Mortgage Settlement amount means, with respect to any amount received under the National Mortgage Settlement, an amount which is— (1)a payment for transitional assistance, (2)a payment from the Borrower Payment Fund under the National Mortgage Settlement to a borrower whose home was finally sold or taken in foreclosure after December 31, 2007, and before January 1, 2012, and (3)a payment received as a result of a foreclosure that the Attorney General of the United States has determined was not in compliance with the Servicemembers Civil Relief Act. (c)

Disregard of refund of excess mortgage interest and related damages

In the case of an individual, the amount of interest refunded and damages paid for excess charges of mortgage interest under the National Mortgage Settlement with respect to a wrongful foreclosure described in subsection (b)(3)— (1)shall be disregarded for purposes of this chapter, and (2)no adjustment of the deduction allowable under section 163(h) shall be made as a result of such refund. (d)

National Mortgage Settlement

For purposes of this section, the term National Mortgage Settlement means any consent agreement entered into in settlement of the action entitled The United States of America, et al. against Bank of America Corporation, et al., filed in the United States District Court for the District of Columbia on March 12, 2012 (case numbered 1:12-cv-00361-RMC).

. (b)

Denial of business deduction for certain payments

Section 162 of the Internal Revenue Code of 1986 is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: (q)

National Mortgage Settlement

(1)

In general

No deduction shall be allowed under this chapter for any National Mortgage Settlement amount that was paid in exchange for a full release of the United States’ potential civil claims under the Servicemembers Civil Relief Act. (2)

National Mortgage Settlement amount

The term National Mortgage Settlement amount has the meaning given such term by section 139E. . (c)

Clerical amendment

The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. National Mortgage settlement. . (d)

Effective date

The amendments made by this section shall apply to taxable years ending after March 12, 2012.