Home Advantage for American Families Act of 2023

Subjects: Taxation, Foreign property, Government information and archives, Housing finance and home ownership, Income tax credits, Low- and moderate-income housing, Real estate business, Tax administration and collection, taxpayers, U.S. and foreign investments

Summary:  <p><strong>Home Advantage for American Families Act</strong> <strong>of 2023</strong></p> <p>This bill requires any foreign person involved in a transaction related to the sale of residential property located in any of the 15 largest metropolitan statistical areas by population to report to the Department of the Treasury information for identifying the person purchasing the property, the amount and source of the funds received by the seller, the date and nature of the transaction, and other information deemed necessary.</p> <p>The bill also increases (1)&nbsp;from 15% to 30% the rate of withholding on sales proceeds of certain residential real property, and (2)&nbsp;the low-income housing tax credit state ceiling.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 551 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 551

To reduce the excessive appreciation of United States residential real 
                    estate due to foreign purchases.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2023

   Mr. Rubio introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To reduce the excessive appreciation of United States residential real 
                    estate due to foreign purchases.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home Advantage for American Families 
Act of 2023''.

SEC. 2. EXPANSION OF TOOLS TO COMBAT MONEY LAUNDERING.

    (a) In General.--Subchapter II of chapter 53 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 5337. Reports on applicable residential property
    ``(a) Definitions.--In this section:
            ``(1) Applicable residential property.--The term 
        `applicable residential property' means property described in 
        section 1445(f) of the Internal Revenue Code of 1986 and which 
        is located in any of the 15 largest metropolitan statistical 
        areas by population (as determined by the Office of Management 
        and Budget).
            ``(2) Foreign person.--The term `foreign person' means any 
        person that is not a citizen or permanent resident of the 
        United States.
            ``(3) Sale of applicable residential property.--The term 
        `sale of applicable residential property' means the sale of an 
        interest in applicable residential property.
    ``(b) Reports.--Any foreign person involved in a transaction 
related to the sale of applicable residential property shall submit to 
the Secretary of the Treasury a report with respect to the transaction 
or any related transaction that contains--
            ``(1) the name and any other identification information 
        that the Secretary determines is necessary of the individual 
        purchasing the applicable residential property;
            ``(2) the amount and source of the funds received by the 
        seller, as determined by the Secretary;
            ``(3) the date and nature of the transaction; and
            ``(4) any other information, including the identification 
        of the person filing the report, that the Secretary determines 
        is necessary.
    ``(c) Regulations.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall promulgate regulations 
carrying out this section.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 53 of title 31, United States Code, is amended by adding at the 
end the following:

``5337. Reports on applicable residential property.''.
    (c) List of Top 15 Largest Metropolitan Statistical Areas.--Not 
less than every 5 years, the Director of the Office of Management and 
Budget shall update the list of the 15 largest metropolitan statistical 
areas by population.

SEC. 3. INCREASED WITHHOLDING ON SALE DISPOSITION OF CERTAIN UNITED 
              STATES REAL PROPERTY INTERESTS.

    (a) In General.--Section 1445 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (f) as subsection (g) and by 
inserting after subsection (e) the following new subsection:
    ``(f) Special Rule for Certain Dispositions of Residential Real 
Property.--
            ``(1) In general.--In the case of the disposition of any 
        applicable residential property, subsection (a) shall be 
        applied by substituting `30 percent' for `15 percent'.
            ``(2) Applicable residential property.--For purposes of 
        this subsection, the term `applicable residential property' 
        means any interest which--
                    ``(A) is an interest described in section 
                897(c)(1)(A)(i), and
                    ``(B) is an interest in residential real 
                property.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to dispositions after the date which is 60 days after the date of 
the enactment of this Act.

SEC. 4. INCREASE IN LOW-INCOME HOUSING TAX CREDIT STATE CEILING.

    (a) In General.--Section 42(h)(3)(C) of the Internal Revenue Code 
of 1986 is amended by striking ``plus'' at the end of clause (iii), by 
striking the period at the end of clause (iv) and inserting ``, plus'', 
and by inserting after clause (iv) the following:
                            ``(v) the qualified single-family housing 
                        amount determined under subparagraph (J).''.
    (b) Qualified Single-Family Housing Amount.--
            (1) In general.--Section 42(h)(3) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        subparagraph:
                    ``(J) Qualified single-family housing amount.--The 
                qualified single-family housing amount determined under 
                this subparagraph for any calendar year is an amount 
                equal to the sum of--
                            ``(i) 10 percent of the amount determined 
                        under subparagraph (C)(ii) for such calendar 
                        year (determined after application of 
                        subparagraph (H)),
                            ``(ii) the excess (if any) of the amount 
                        described in clause (i) for the preceding 
                        calendar year over the amounts allocated to 
                        projects described in paragraph (9) for such 
                        preceding calendar year,
                            ``(iii) the amount allocated within the 
                        State (not in excess of the amount determined 
                        under this subparagraph for the preceding 
                        calendar year reduced by the amount described 
                        in clause (ii) for the second preceding 
                        calendar year) for any project--
                                    ``(I) which is described in 
                                paragraph (9) and which fails to meet 
                                the 10 percent test under paragraph 
                                (1)(E)(ii) on a date after the close of 
                                the calendar year in which the 
                                allocation was made,
                                    ``(II) which does not become a 
                                qualified low-income housing project 
                                described in paragraph (9) within the 
                                period required by this section or the 
                                terms of the allocation, or
                                    ``(III) which is described in 
                                paragraph (9) and with respect to which 
                                an allocation is cancelled by mutual 
                                consent of the housing credit agency 
                                and the allocation recipient, plus
                            ``(iv) the amount, if any, determined under 
                        subparagraph (D), applied--
                                    ``(I) by substituting `unused 
                                qualified single-family housing 
                                carryover' for `unused housing credit 
                                carryover' in clause (i) thereof,
                                    ``(II) without regard to clause 
                                (ii) thereof,
                                    ``(III) by substituting `unused 
                                qualified single-family housing 
                                carryovers' for `unused housing credit 
                                carryovers' in clause (iii) thereof, 
                                and
                                    ``(IV) by substituting `an amount 
                                equal to its entire qualified single-
                                family housing amount to projects 
                                described in paragraph (9)' for `entire 
                                State housing credit ceiling 
                                (determined without regard to amounts 
                                described in subparagraph (C)(v))' in 
                                clause (iv)(I) thereof.''.
            (2) Conforming amendments.--
                    (A) Section 42(h)(3)(C) of such Code is amended by 
                inserting ``(other than amounts allocated from the 
                qualified single-family housing amount)'' after ``the 
                housing credit dollar amount previously allocated 
                within the State''.
                    (B) Section 42(h)(3)(D) of such Code is amended by 
                inserting ``(determined without regard to amounts 
                described in subparagraph (C)(v))'' after ``entire 
                State housing credit ceiling''.
    (c) Set Aside of Increased Amounts.--Section 42(h) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(9) Set aside of qualified single-family housing 
        amount.--The portion of the State housing credit ceiling which 
        is equal to the qualified single-family housing amount for any 
        calendar year shall be allocated to projects consisting of 1 to 
        4 dwelling units that are located in qualified census tracts 
        (as defined in subsection (d)(5)(B)(i)).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to allocations made for calendar years beginning after the date 
of the enactment of this Act.
                                 &lt;all&gt;
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