I 

111TH CONGRESS 

1ST SESSION H. R. 3902 

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 

OCTOBER 22, 2009 

Mr. HELLER 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 (b) EXTENSION.— 


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

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

3 2009’’ and inserting ‘‘July 1, 2010’’. 

4 (2) WAIVER OF RECAPTURE.—Subparagraph 

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

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

7 inserting ‘‘July 1, 2010’’, and 

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

9 in the heading thereof. 

10 (3) ELECTION TO TREAT PURCHASE IN PRIOR

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

12 amended— 

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

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

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

16 the case of a purchase of a principal residence 

17 after December 31, 2009, and before July 1, 

18 2010, a taxpayer may elect to treat such pur19 chase as made on December 31, 2009, for pur20 poses of this section (other than subsections (c) 

21 and (f)(4)(D)).’’. 

22 (c) MODIFICATION OF GROSS INCOME LIMITA23 TION.—Subsection (b) of section 36 of such Code is 

24 amended— 


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

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

3 (2) by striking ‘‘$75,000’’ in such paragraph 

4 (2)(A)(i)(II) and inserting ‘‘$150,000’’. 

5 (d) WAIVER OF ACCELERATED RECAPTURE FOR

6 MEMBERS OF THE ARMED FORCES.—Paragraph (4) of 

7 section 36(f) of such Code is amended by adding at the 

8 end the following new subparagraph: 

9 ‘‘(E) RELOCATION OF MEMBERS OF THE

10 ARMED FORCES.—Paragraph (2) shall not 

11 apply in the case of a member of the Armed 

12 Forces of the United States on active duty who 

13 moves pursuant to a military order and incident 

14 to a permanent change of station.’’. 

15 (e) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the amendments made by this section 

18 shall apply to residences purchased on or after the 

19 date of the enactment of this Act. 

20 (2) EXTENSION.—The amendments made by 

21 subsection (b) shall apply to residences purchased 

22 after November 30, 2009. 

Æ 


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