I
110th CONGRESS
2d Session
H. R. 5565
IN THE HOUSE OF REPRESENTATIVES
March 10, 2008
Mr. Wilson of South Carolina introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases.
Credit for certain home purchases
Allowance of credit
Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 25D the following new section:
Credit for certain home purchases
Allowance of credit
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 so much of the purchase price of the residence as does not exceed $15,000.
Allocation of credit amount
The amount of the credit allowed under paragraph (1) shall be equally divided among the 3 taxable years beginning with the taxable year in which the purchase of the qualified principal residence is made.
Limitations
Date of purchase
The credit allowed under subsection (a) shall be allowed only with respect to purchases made—
after February 29, 2008, and
before March 1, 2009.
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—
the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
the sum of the credits allowable under this subpart (other than this section) for the taxable year.
One-time only
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.
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.
Qualified principal residence
In general
For purposes of this section, the term qualified principal residence means an eligible single-family residence that is purchased to be the principal residence of the purchaser.
Eligible single-family residence
In general
For purposes of this subsection, the term eligible single-family residence means a single-family structure that is—
a new previously unoccupied residence for which a building permit is issued and construction begins on or before September 1, 2007,
an owner-occupied residence with respect to which the owner's acquisition indebtedness (as defined in section 163(h)(3)(B), determined without regard to clause (ii) thereof) is in default on or before March 1, 2008, or
a residence with respect to which a foreclosure event has taken place and which is owned by the mortgagor or the mortgagor's agent.
Certification
In the case of an eligible single-family residence described in subparagraph (A)(i), no credit shall be allowed under this section unless the purchaser submits a certification by the seller of such residence that such residence meets the requirements of such subparagraph.
Denial of double benefit
No credit shall be allowed under this section for any purchase for which a credit is allowed under section 1400C.
Special rules
Joint purchase
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).
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.
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.
Reporting requirement
Rules similar to the rules of section 1400C(f) (as so in effect) shall apply.
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.
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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.
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