02.14.2009

Section 1006 in a Nutshell (First Time Homebuyer’s Tax Credit)

Information on the previous First Time Homebuyer’s Tax Credit from the IRS.

This information is contained in the text of the second half of HR1-2009-111th Congress

The tax credit, in the form of a 15 year, interest free loan, has been raised from $7,500 to $8,000. The required recapture period has been changed from a prorated period of the life of the loan to a period ending 3 years following the date of purchase for homes purchased in 2009 only [this needs clarification - it appears if the home is sold during the first 36 months there is a full recapture but after 3 full years there is no recapture. I question this interpretation because it makes no sense]. The time period is extended to cover home purchases made prior to December 1, 2009 (formerly ended July 1, 2009).

SEC. 1006. EXTENSION OF AND INCREASE IN FffiST?TIME HOMEBUYER CREDIT; WAIVER OF REQUIREMENT TO REPAY.
(a) EXTENSION.-
(1) IN GENERAL.-Section 36(h) is amended by striking”July 1, 2009″ and inserting “December 1, 22 2009″.
(2) CONFORMING AMENDMENT.-Section 36(g)
is amended by striking “July 1, 2009″ and inserting “December 1, 2009″.
(b) INCREASE.-
(1) IN GENERAL.-Section 36(b) is amended by striking “$7,500″ each place it appears and inserting “$8,000″.
(2) CONFORMING A1VIENDMENT.-Section 36(b) (1) (B) is amended by striking “$3,750″ and inserting “$4,000″.
WAIVER OF RECAPTURE.-
(1) IN GENERAL.-Paragraph (4) of section 36(f) is amended by adding at the end the following new subparagraph:
“(D) WAIVER OF RECAPTURE FOR PURCHASES IN 2009.-In the case of any credit allowed with respect to the purchase of a principal residence after December 31, 2008, and before December 1, 2009-
“(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 residence occurs during the 36-month period beginning on the date of the purchase of such residence by the taxpayer.”.
(2) CONFORMING AIVIENDMENT.-Subsection (g) of section 36 is amended by striking “subsection (c)” and inserting “subsections (c) and (f) (4)(D)”.
(d) COORDINATION WITH FIRST-TIME HOMEBUYER CREDIT FOR DISTRICT OF COLUMBIA.-
(1) IN GENERAL.-Subsection (e) of section 1400C is amended by adding at the end the following new paragraph:
“(4) COORDINATION WITH NATIONAL FIRST TIME HOMEBUYERS CREDIT.-No credit shall be allowed under this section to any taxpayer with respect to the purchase of a residence after December 31, 2008, and before December 1, 2009, if a credit under section 36 is allowable to such taxpayer (or the taxpayer’s spouse) with respect to such purchase.”.
(2) CONFORMING AlVIENDMENT.-Section 36(d) is amended by striking paragraph (1).
(e) REMOVAL OF PROHIBITION ON FINANCING BY MORTGAGE REVENUE BONDS.-Section 36(d), as amended by subsection (c)(2), is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.
(f) EFFEC’l'IVE DATE.-The amendments made by this section shall apply to residences purchased after December 31, 2008.

Leave a Reply

You must be logged in to post a comment.

Free Blog Themes and Blog Templates