I 
111TH CONGRESS 
1ST SESSION 
H. R. 802 
To amend the Internal Revenue Code of 1986 to extend and modify the 
first-time homebuyer credit. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 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 
and modify the first-time homebuyer credit. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXTENSION AND MODIFICATION OF FIRST- 
TIME HOMEBUYER CREDIT. 
(a) EXTENSION OF CREDIT.—Subsection (i) of sec-
tion 36 of the Internal Revenue Code of 1986 (as redesig-
nated by subsection (d)) is amended by striking ‘‘July 1, 
2009’’ and inserting ‘‘January 1, 2010’’. 
(b) REPEAL OF FIRST-TIME HOMEBUYER REQUIRE-
MENT.— 
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(1) IN GENERAL.—Subsection (a) of section 36 
of such Code is amended by striking ‘‘an individual 
who is a first-time homebuyer of a principal resi-
dence’’ and inserting ‘‘an individual who purchases 
a principal residence’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 36(b)(1)(A) of such Code is 
amended by inserting ‘‘with respect to any tax-
payer for any taxable year’’ after ‘‘subsection 
(a)’’. 
(B) Section 36(c) of such Code is amended 
by striking paragraph (1) and by redesignating 
paragraphs (2) through (5) as paragraphs (1) 
through (4), respectively. 
(C) The heading of section 36 of such 
Code (and the item relating to such section in 
the table of sections for subpart C of part IV 
of subchapter A of chapter 1) are amended by 
striking ‘‘FIRST-TIME HOMEBUYER’’ and in-
serting ‘‘HOMEBUYER’’. 
(c) REPEAL OF RECAPTURE RULES.— 
(1) IN
GENERAL.—Paragraph (4) of section 
36(f) of such Code is amended by adding at the end 
the following new subparagraph: 
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‘‘(D) WAIVER OF RECAPTURE FOR PUR-
CHASES IN 2009.—In the case of any credit al-
lowed with respect to the purchase of a prin-
cipal residence after December 31, 2008— 
‘‘(i) paragraph (1) shall not apply, 
and 
‘‘(ii) paragraph (2) shall apply only if 
the disposition or cessation described in 
paragraph (2) with respect to such resi-
dence occurs during the 36-month period 
beginning on the date of the purchase of 
such residence by the taxpayer.’’. 
(2) CONFORMING AMENDMENT.—Subsection (g) 
of section 36 of such Code is amended by striking 
‘‘subsection (c)’’ and inserting ‘‘subsections (c) and 
(f)(4)(D)’’. 
(d) DOWNPAYMENT REQUIREMENT.—Section 36 of 
such Code is amended by redesignating subsection (h) as 
subsection (i) and by inserting after subsection (g) the fol-
lowing new subsection: 
‘‘(h) DOWNPAYMENT
REQUIREMENT.—No credit 
shall be allowed under subsection (a) to any taxpayer with 
respect to the purchase of any residence unless such tax-
payer makes a downpayment of not less 5 percent of the 
purchase price of such residence. For purposes of the pre-
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ceding sentence, an amount shall not be treated as a 
downpayment if such amount is repayable by the taxpayer 
to any other person.’’. 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply to residences purchased after December 
31, 2008. 
(2) 
DOWNPAYMENT
REQUIREMENT.—The 
amendment made by subsection (d) shall apply to 
residences purchased after the date of the enactment 
of this Act. 
Æ 
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