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In response to
"looks like they are smart enough to put in a 'main residence' rule -- nm"
by
ty97
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and it's a one-time-only credit, but can be distributed over two tax years. looks like it's non-refundable though.
Posted by
znufrii
Feb 5 '09, 06:31
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meaning you can't get back more than your overall tax liability, if said liability is less than $15,000.
SA 106. Mr. ISAKSON (for himself and Mr. LIEBERMAN) submitted an amendment intended to be proposed to amendment SA 98 proposed by Mr. INOUYE (for himself and Mr. BAUCUS) to the bill H.R. 1, making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for fiscal year ending September 30, 2009, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 1006 of title I of Division B and insert the following:
SEC. 1006. CREDIT FOR CERTAIN HOME PURCHASES.
(a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 is amended by inserting after section 25D the following new section:
``SEC. 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 qualified 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 qualified 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 December 31, 2008, and
``(B) before January 1, 2010.
``(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 qualified principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other qualified principal residence by such individual or a spouse of such individual.
``(B) JOINT PURCHASE.--In the case of a purchase of a qualified 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 qualified principal residence.
``(c) Qualified Principal Residence.--For purposes of this section, the term `qualified principal residence' means a single-family residence that is purchased to be the principal residence of the purchaser.
``(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 qualified 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 qualified 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 during the period described in subsection (b)(1), a taxpayer may elect to treat such purchase as made on December 31, 2008, for purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25D the following new item:
``Sec..25E..Credit for certain home purchases.''.
(c) Sunset of Current First-Time Homebuyer Credit.--
(1) IN GENERAL.--Subsection (h) of section 36 is amended by striking ``July 1, 2009'' and inserting ``the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009''.
(2) ELECTION TO TREAT PURCHASE IN PRIOR YEAR.--Subsection (g) of section 36 is amended by striking ``July 1, 2009'' and inserting ``the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009''.
(d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.
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