S. 1728Senate111th Congress (2009-2011)In Committee

Service Members Home Ownership Tax Act of 2009

Introduced September 30, 2009

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

September 30, 2009

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SenateIntro Referral

Introduced in Senate

September 30, 2009

SenateIntro Referral

Read twice and referred to the Committee on Finance.

September 30, 2009

Floor Debate

14 members

What members said about S. 1728 on the floor

3 Republicans11 Democrats
Maria Cantwell
Sen. Maria CantwellD-WA · Jan 15, 2009

Madam President, today, the Senate can be very proud of a very significant accomplishment for the enjoyment and protection of wilderness areas, historical sites, national parks, forests, trails and…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Jan 15, 2009

Madam President, today I rise to express my support for S. 22, the Omnibus Public Land Management Act of 2009. I commend Chairman Bingaman and former Ranking Member Domenici of the Senate Committee…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Mar 30, 2009

Mr. President, I was pleased to attend today's Presidential signing ceremony for the Omnibus Public Lands Management Act of 2009, H.R. 146. In signing the act into law, President Obama underscored…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Jan 15, 2009

Madam President, today the Senate will pass a comprehensive public lands bill that will protect our Nation's public lands and conserve our planet's oceans. I thank the majority leader and Senator…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Jan 15, 2009

Mr. President, as I understand it, we now have 10 minutes equally divided to complete debate on S. 22, and then there will be a vote on passage. Is that correct? Mr. President, in just a few minutes,…

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Ken Salazar
Sen. Ken SalazarD-CO · Jan 15, 2009

Madam President, I commend the chairman and ranking member of the Energy and Natural Resources Committee for their diligent work on this package, which contains several bills that I have championed…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Jan 15, 2009

Madam President, S. 22, the Omnibus Public Land Management Act, includes five bills vital for increasing our Nation's understanding of our oceans, Great Lakes, and coastal areas. The ocean bills…

Carl Levin
Sen. Carl LevinD-MI · Jan 15, 2009

Madam President, passage of the Omnibus Public Land Management Act of 2009 would wrap up one of the major pieces of unfinished business from last year. The majority leader promised he would take up…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Jan 15, 2009

Madam President, today I will vote to support final passage of the Omnibus Public Land Management Act of 2009, S. 22. While I oppose two provisions in the bill, there are many other provisions that I…

Tom Coburn
Sen. Tom CoburnR-OK · Jan 15, 2009

Madam President, in thinking about where we are today, I asked myself what the average Oklahoman would ask of me about this bill, or the average person from Wyoming or California. As I think about…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 15, 2009

Madam President, the Omnibus Public Land Management Act of 2009 (S. 22) combines more than 160 individual bills to protect America's wilderness and responsibly manage our natural resources. The…

Harry Reid
Sen. Harry ReidD-NV · Jan 15, 2009

I suggest the absence of a quorum. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I ask unanimous consent that the order for the quorum call…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Jan 15, 2009

I join with the chairman of the Energy and Natural Resources Committee in congratulating the representatives of the seven Colorado River Basin States on reaching agreement regarding certain…

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Jon Kyl
Sen. Jon KylR-AZ · Jan 15, 2009

The following Senator is necessarily absent: the Senator from Kentucky (Mr. Bunning). Further, if present and voting, the Senator from Kentucky (Mr. Bunning) would have voted ``nay.''

Blanche L. Lincoln
Sen. Blanche L. LincolnD-AR · Jan 15, 2009

I move to lay that motion on the table. The motion to lay on the table was agreed to.

Bill Text

Latest available legislative text

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Introduced in SenateIssued September 30, 2009

II

111th CONGRESS

1st Session

S. 1728

IN THE SENATE OF THE UNITED STATES

September 30, 2009

Mrs. McCaskill (for herself and Mr. Merkley) 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 modify the first-time homebuyer credit in the case of members of the Armed Forces and certain other Federal employees, and for other purposes.

1.

Short title

This Act may be cited as the Service Members Home Ownership Tax Act of 2009.

2.

Waiver of recapture of first-time homebuyer credit for individuals on qualified official extended duty

(a)

In general

Paragraph (4) of section 36(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

(E)

Special rule for members of the Armed Forces, etc

(i)

In general

In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (2)) after December 31, 2008, in connection with Government orders received by such individual, or such individual’s spouse, for qualified official extended duty service—

(I)

paragraph (2) and subsection (d)(2) shall not apply to such disposition (or cessation), and

(II)

if such residence was acquired before January 1, 2009, paragraph (1) shall not apply to the taxable year in which such disposition (or cessation) occurs or any subsequent taxable year.

(ii)

Qualified official extended duty service

For purposes of this section, the term qualified official extended duty service means service on qualified official extended duty as—

(I)

a member of the uniformed services,

(II)

a member of the Foreign Service of the United States, or

(III)

as an employee of the intelligence community.

(iii)

Definitions

Any term used in this subparagraph which is also used in paragraph (9) of section 121(d) shall have the same meaning as when used in such paragraph.

.

(b)

Effective date

The amendment made by this section shall apply to dispositions and cessations after December 31, 2008.

3.

Extension of first-time homebuyer credit for individuals on qualified official extended duty outside the United States

(a)

In general

Subsection (h) of section 36 of the Internal Revenue Code of 1986 is amended—

(1)

by striking This section and inserting (1) In general.—This section, and

(2)

by adding at the end the following:

(2)

Special rules for individuals on qualified official extended duty outside the United States

In the case of any individual who serves on qualified official extended duty service outside the United States for at least 90 days in calendar year 2009 and, if married, such individual’s spouse—

(A)

paragraph (1) shall be applied by substituting December 1, 2010 for December 1, 2009,

(B)

subsection (f)(4)(D) shall be applied by substituting December 1, 2010 for December 1, 2009, and

(C)

in lieu of subsection (g), in the case of a purchase of a principal residence after December 31, 2009, and before July 1, 2010, the taxpayer may elect to treat such purchase as made on December 31, 2009, for purposes of this section (other than subsections (c) and (f)(4)(D)).

.

(b)

Coordination with first-Time homebuyer credit for District of Columbia

Paragraph (4) of section 1400C(e) of such Code is amended by inserting (December 1, 2010, in the case of a purchase subject to section 36(h)(2)) after December 1, 2009.

(c)

Effective date

The amendments made by this section shall apply to residences purchased after November 30, 2009.

4.

Exclusion from gross income of qualified military base realignment and closure fringe

(a)

In general

Subsection (n) of section 132 of the Internal Revenue Code of 1986 is amended—

(1)

in subparagraph (1) by striking this subsection) to offset the adverse effects on housing values as a result of a military base realignment or closure and inserting the American Recovery and Reinvestment Tax Act of 2009), and

(2)

in subparagraph (2) by striking clause (1) of.

(b)

Effective date

The amendments made by this act shall apply to payments made after February 17, 2009.

5.

Increase in penalty for failure to file a partnership or S corporation return

(a)

In general

Sections 6698(b)(1) and 6699(b)(1) of the Internal Revenue Code of 1986 are each amended by striking $89 and inserting $110.

(b)

Effective date

The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2009.

6.

Time for payment of corporate estimated taxes

The percentage under paragraph (1) of section 202(b) of the Corporate Estimated Tax Shift Act of 2009 in effect on the date of the enactment of this Act is increased by 0.5 percentage points.