I 

111TH CONGRESS 

1ST SESSION H. R. 4032 

To amend the Internal Revenue Code of 1986 to extend the first-time homebuyer tax credit and to eliminate the first-time homebuyer requirement 

and increase the adjusted gross income limitations with respect to such 

credit, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 5, 2009 

Mr. BRADY of Texas 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 extend 

the first-time homebuyer tax credit and to eliminate the 

first-time homebuyer requirement and increase the adjusted gross income limitations with respect to such credit, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CREDIT FOR CERTAIN HOME PURCHASES. 

4 (a) ELIMINATION OF FIRST-TIME HOMEBUYER RE5 QUIREMENT.— 

6 (1) IN GENERAL.—Subsection (a) of section 36 

7 of the Internal Revenue Code of 1986 is amended by 


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1 striking ‘‘who is a first-time homebuyer of a prin2 cipal residence’’ and inserting ‘‘who purchases a 

3 principal residence’’. 

4 (2) CONFORMING AMENDMENTS.— 

5 (A) Subsection (c) of section 36 of such 

6 Code is amended by striking paragraph (1) and 

7 by redesignating paragraphs (2), (3), (4), and 

8 (5) as paragraphs (1), (2), (3), and (4), respec9 tively. 

10 (B) Section 36 of such Code is amended by 

11 striking ‘‘FIRST-TIME HOMEBUYER CREDIT’’ 

12 in the heading and inserting ‘‘HOME PUR13 CHASE CREDIT’’. 

14 (C) Subparagraph (W) of section 26(b)(2) 

15 of such Code is amended by striking ‘‘home16 buyer credit’’ and inserting ‘‘home purchase 

17 credit’’. 

18 (3) CLERICAL AMENDMENT.—The table of sec19 tions for subpart C of part IV of subchapter A of 

20 chapter 1 of such Code is amended by striking the 

21 item relating to section 36 and inserting the fol22 lowing new item: 

‘‘Sec. 36. Home purchase credit.’’. 

23 (4) EFFECTIVE DATE.—The amendments made 

24 by this subsection shall apply to residences purVerDate Nov 24 2008 05:08 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4032.IH H4032

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1 chased on or after the date of the enactment of this 

2 Act. 

3 (b) EXTENSION.— 

4 (1) IN GENERAL.—Subsection (h) of section 36 

5 of such Code is amended by striking ‘‘December 1, 

6 2009’’ and inserting ‘‘December 1, 2010’’. 

7 (2) WAIVER OF RECAPTURE.—Subparagraph 

8 (D) of section 36(f)(4) of such Code is amended— 

9 (A) by striking ‘‘December 1, 2009’’ and 

10 inserting ‘‘December 1, 2010’’, and 

11 (B) by inserting ‘‘AND 2010’’ after ‘‘2009’’ 

12 in the heading thereof. 

13 (3) ELECTION TO TREAT PURCHASE IN PRIOR

14 YEAR.—Subsection (g) of section 36 of such Code is 

15 amended— 

16 (A) by striking ‘‘December 1, 2009’’ and 

17 inserting ‘‘January 1, 2010’’, and 

18 (B) by adding at the end the following: ‘‘In 

19 the case of a purchase of a principal residence 

20 after December 31, 2009, and before December 

21 1, 2010, a taxpayer may elect to treat such 

22 purchase as made on December 31, 2009, for 

23 purposes of this section (other than subsections 

24 (c) and (f)(4)(D)).’’. 


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1 (4) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply to residences pur3 chased after November 30, 2009. 

4 (c) MODIFICATION OF GROSS INCOME LIMITA5 TION.— 

6 (1) IN GENERAL.—Subsection (b) of section 36 

7 of such Code is amended— 

8 (A) by striking ‘‘$150,000’’ in paragraph 

9 (2)(A)(i)(II) and inserting ‘‘$300,000’’, and 

10 (B) by striking ‘‘$75,000’’ in such para11 graph (2)(A)(i)(II) and inserting ‘‘$150,000’’. 

12 (2) EFFECTIVE DATE.—The amendments made 

13 by this subsection shall apply to residences pur14 chased after the date of the enactment of this Act. 

15 (d) WAIVER OF RECAPTURE OF FIRST-TIME HOME16 BUYER CREDIT FOR INDIVIDUALS ON QUALIFIED OFFI17 CIAL EXTENDED DUTY.— 

18 (1) IN GENERAL.—Paragraph (4) of section 

19 36(f) of the Internal Revenue Code of 1986 is 

20 amended by adding at the end the following new 

21 subparagraph: 

22 ‘‘(E) SPECIAL RULE FOR MEMBERS OF

23 THE ARMED FORCES, ETC.— 

24 ‘‘(i) IN GENERAL.—In the case of the 

25 disposition of a principal residence by an 


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1 individual (or a cessation referred to in 

2 paragraph (2)) after December 31, 2008, 

3 in connection with Government orders re4 ceived by such individual, or such individ5 ual’s spouse, for qualified official extended 

6 duty service— 

7 ‘‘(I) paragraph (2) and sub8 section (d)(2) shall not apply to such 

9 disposition (or cessation), and 

10 ‘‘(II) if such residence was ac11 quired before January 1, 2009, para12 graph (1) shall not apply to the tax13 able year in which such disposition (or 

14 cessation) occurs or any subsequent 

15 taxable year. 

16 ‘‘(ii) QUALIFIED OFFICIAL EXTENDED

17 DUTY SERVICE.—For purposes of this sec18 tion, the term ‘qualified official extended 

19 duty service’ means service on qualified of20 ficial extended duty as— 

21 ‘‘(I) a member of the uniformed 

22 services, 

23 ‘‘(II) a member of the Foreign 

24 Service of the United States, or 


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1 ‘‘(III) as an employee of the in2 telligence community. 

3 ‘‘(iii) DEFINITIONS.—Any term used 

4 in this subparagraph which is also used in 

5 paragraph (9) of section 121(d) shall have 

6 the same meaning as when used in such 

7 paragraph.’’. 

8 (2) EFFECTIVE DATE.—The amendment made 

9 by this subsection shall apply to dispositions and 

10 cessations after December 31, 2008. 

Æ 


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