S. 1213Senate109th Congress (2005-2007)In Committee

First-Time Homebuyers' Tax Credit Act of 2005

Introduced June 9, 2005

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S6315-6316)

June 9, 2005

View full timeline
SenateIntro Referral

Introduced in Senate

June 9, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S6314-6315)

June 9, 2005

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S6315-6316)

June 9, 2005

Floor Debate

14 members

What members said about S. 1213 on the floor

6 Republicans8 Democrats
Jeff Bingaman
Sen. Jeff BingamanD-NM · Jun 9, 2005

Mr. President--I rise today to introduce a bill that would establish a capability within the State Department Science Advisor's Office to assess science and technology outside the United States. Over…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jun 9, 2005

Mr. President, I am pleased to join with my colleague from Maine, Senator Collins, and my colleague from Vermont, Senator Leahy, to introduce legislation today to protect America's children from the…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Jun 9, 2005

Mr. President, I rise today to introduce legislation that will convey the United States Coast Guard Cutter Mackinaw to the City and County of Cheboygan for use as a museum. The United States Coast…

Tom Harkin
Sen. Tom HarkinD-IA · Jun 9, 2005

Mr. President, over the past 100 years, the economy of the United States has become inextricably tied to the supply of petroleum. In the early part of the 20th century, America's abundant sources of…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Jun 9, 2005

Mr. President, it is a privilege to join my distinguished colleague, Senator Durbin, in introducing the Teacher Excellence for All Children Act of 2005. Its goal is to bring us closer to giving every…

Show 8 more
Judd Gregg
Sen. Judd GreggR-NH · Jun 9, 2005

Mr. President, today I am proud to introduce the Higher Education for Freedom Act. This bill will establish a competitive grant program making funds available to institutions of higher education,…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Jun 9, 2005

Mr. President, I believe ``home'' is one of the warmest words in the English language. At the end of a long day, I think the favorite phrase of every hardworking man and woman in this country is:…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jun 9, 2005

Mr. President, this year well over 6 million pregnancies will occur in America. The challenge of raising healthy children and preparing them for a changing world is a staggering one indeed. This is…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jun 9, 2005

Mr. President, in order to protect our Nation's most scenic areas, Senator Warner, the senior Senator from Virginia, and I are today introducing a revised version of the Environmentally Responsible…

Harry Reid
Sen. Harry ReidD-NV · Jun 9, 2005

Mr. President, this week marks the fortieth anniversary of the U.S. Supreme Court decision in Griswold v. Connecticut that struck down a Connecticut law that had made the use of birth control by…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jun 9, 2005

Mr. President, as we commemorate World Oceans Week, we celebrate the wonder and beauty of the world's oceans. We celebrate the role our oceans play in commerce, fishing and shipping. We celebrate the…

Ted Stevens
Sen. Ted StevensR-AK · Jun 9, 2005

Mr. President, I introduce legislation today to maintain the solvency of the Oil Spill Liability Trust Fund established pursuant to the Oil Pollution Act of 1990. Shortly after midnight on March 24,…

Jon S. Corzine
Sen. Jon S. CorzineD-NJ · Jun 9, 2005

Mr. President, identity theft is a serious and growing concern facing our Nation's consumers. According to the Federal Trade Commission, nearly 10 million Americans were the victims of identity theft…

Show 3 more
Conrad R. Burns
Sen. Conrad R. BurnsR-MT · Jun 9, 2005

Mr. President, today I am introducing legislation that provides an important clarification to the Fort Peck Reservation Rural Water System Act of 2000. The water project authorized by that…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Jun 9, 2005

Mr. President, today I introduce important legislation to enable more Americans to realize the dream of homeownership. The First- Time Homebuyers' Tax Credit Act that Senator Stabenow and I are…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Jun 9, 2005

Mr. President, today I introduce important legislation to enable more Americans to realize the dream of homeownership. The First- Time Homebuyers' Tax Credit Act that Senator Stabenow and I are…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued June 9, 2005

II

109th CONGRESS

1st Session

S. 1213

IN THE SENATE OF THE UNITED STATES

June 9, 2005

Ms. Stabenow (for herself and Mr. Smith) 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 allow a refundable credit against income tax for the purchase of a principal residence by a first-time homebuyer.

1.

Short title

This Act may be cited as the First-Time Homebuyers’ Tax Credit Act of 2005.

2.

Refundable credit for First-Time homebuyers

(a)

In general

Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section:

36.

Purchase of principal residence by First-Time homebuyer

(a)

Allowance of credit

In the case of an individual who is a first-time homebuyer of a principal residence in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 10 percent of the purchase price of the residence.

(b)

Limitations

(1)

Maximum dollar amount

(A)

In general

The credit allowed under subsection (a) shall not exceed the excess (if any) of—

(i)

$3,000 (2 times such amount in the case of a joint return), over

(ii)

the credit transfer amount determined under subsection (c) with respect to the purchase to which subsection (a) applies.

(B)

Inflation adjustment

In the case of any taxable year beginning after December 31, 2005, the $3,000 amount under subparagraph (A) shall be increased by an amount equal to $3,000, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting 2004 for 1992 in subparagraph (B) thereof. If the $3,000 amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.

(2)

Taxable income limitation

(A)

In general

If the taxable income of the taxpayer for any taxable year exceeds the maximum taxable income in the table under subsection (a), (b), (c), or (d) of section 1, whichever is applicable, to which the 25 percent rate applies, the dollar amounts in effect under paragraph (1)(A)(i) for such taxpayer for the following taxable year shall be reduced (but not below zero) by the amount of the excess.

(B)

Change in return status

In the case of married individuals filing a joint return for any taxable year who did not file such a joint return for the preceding taxable year, subparagraph (A) shall be applied by reference to the highest taxable income of either such individual for the preceding taxable year.

(c)

Transfer of credit

(1)

In general

A taxpayer may transfer all or a portion of the credit allowable under subsection (a) to 1 or more persons as payment of any liability of the taxpayer arising out of—

(A)

the downpayment of any portion of the purchase price of the principal residence, and

(B)

closing costs in connection with the purchase (including any points or other fees incurred in financing the purchase).

(2)

Credit transfer mechanism

(A)

In general

Not less than 180 days after the date of the enactment of this section, the Secretary shall establish and implement a credit transfer mechanism for purposes of paragraph (1). Such mechanism shall require the Secretary to—

(i)

certify that the taxpayer is eligible to receive the credit provided by this section with respect to the purchase of a principal residence and that the transferee is eligible to receive the credit transfer,

(ii)

certify that the taxpayer has not received the credit provided by this section with respect to the purchase of any other principal residence,

(iii)

certify the credit transfer amount which will be paid to the transferee, and

(iv)

require any transferee that directly receives the credit transfer amount from the Secretary to notify the taxpayer within 14 days of the receipt of such amount.

Any check, certificate, or voucher issued by the Secretary pursuant to this paragraph shall include the taxpayer identification number of the taxpayer and the address of the principal residence being purchased.
(B)

Timely receipt

The Secretary shall issue the credit transfer amount not less than 30 days after the date of the receipt of an application for a credit transfer.

(3)

Payment of interest

(A)

In general

Notwithstanding any other provision of this title, the Secretary shall pay interest on any amount which is not paid to a person during the 30-day period described in paragraph (2)(B).

(B)

Amount of interest

Interest under subparagraph (A) shall be allowed and paid—

(i)

from the day after the 30-day period described in paragraph (2)(B) to the date payment is made, and

(ii)

at the overpayment rate established under section 6621.

(C)

Exception

This paragraph shall not apply to failures to make payments as a result of any natural disaster or other circumstance beyond the control of the Secretary.

(4)

Effect on legal rights and obligations

Nothing in this subsection shall be construed to—

(A)

require a lender to complete a loan transaction before the credit transfer amount has been transferred to the lender, or

(B)

prevent a lender from altering the terms of a loan (including the rate, points, fees, and other costs) due to changes in market conditions or other factors during the period of time between the application by the taxpayer for a credit transfer and the receipt by the lender of the credit transfer amount.

(d)

Definitions and special rules

For purposes of this section—

(1)

First-Time homebuyer

(A)

In general

The term first-time homebuyer has the same meaning as when used in section 72(t)(8)(D)(i).

(B)

One-time only

If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence.

(C)

Married individuals filing jointly

In the case of married individuals who file a joint return, the credit under this section is allowable only if both individuals are first-time homebuyers.

(D)

Other taxpayers

If 2 or more individuals who are not married purchase a principal residence—

(i)

the credit under this section is allowable only if each of the individuals is a first-time homebuyer, and

(ii)

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 the amount in effect under subsection (b)(1)(A) for individuals filing joint returns.

(2)

Principal residence

The term principal residence has the same meaning as when used in section 121. Except as provided in regulations, an interest in a partnership, S corporation, or trust which owns an interest in a residence shall not be treated as an interest in a residence for purposes of this paragraph.

(3)

Purchase

(A)

In general

The term purchase means any acquisition, but only if—

(i)

the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267 (b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual’s spouse, ancestors, and lineal descendants), and

(ii)

the basis of the property in the hands of the person acquiring it is not determined—

(I)

in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or

(II)

under section 1014(a) (relating to property acquired from a decedent).

(B)

Construction

A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer.

(4)

Purchase price

The term purchase price means the adjusted basis of the principal residence on the date of acquisition (within the meaning of section 72(t)(8)(D)(iii)).

(e)

Denial of double benefit

No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter.

(f)

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.

(g)

Property to which Section applies

(1)

In general

The provisions of this section apply to a principal residence if—

(A)

the taxpayer purchases the residence on or after January 1, 2005, and before January 1, 2010, or

(B)

the taxpayer enters into, on or after January 1, 2005, and before January 1, 2010, a binding contract to purchase the residence, and purchases and occupies the residence before July 1, 2011.

.

(b)

Conforming amendments

(1)

Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking and at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting , and, and by adding at the end the following new paragraph:

(32)

in the case of a residence with respect to which a credit was allowed under section 36, to the extent provided in section 36(f).

.

(2)

Section 1324(b)(2) of title 31, United States Code, is amended by striking or before enacted and by inserting before the period at the end , or from section 36 of such Code.

(c)

Clerical amendment

The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items:

Sec. 36. Purchase of principal residence by first-time homebuyer.

Sec. 37. Overpayments of tax.

.

(d)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2004.