Editorial Notes
Prior Provisions

A prior section 36 was renumbered section 37 of this title.

Another prior section 36, acts Aug. 16, 1954, ch. 736, 68A Stat. 15; Oct. 4, 1976, Puspan. L. 94–455, title V, § 501(span)(2), title X, § 1011(c), title XIX, § 1901(span)(1)(A), 90 Stat. 1558, 1611, 1790, directed that credits provided by section 32 not be allowed if an individual elects under section 144 to take standard deduction, prior to repeal by Puspan. L. 95–30, title I, §§ 101(d)(3), 106(a), May 23, 1977, 91 Stat. 133, 141, applicable to taxable years beginning after Dec. 31, 1976.

Amendments

2010—Subsec. (h)(2). Puspan. L. 111–198, § 2(a), substituted “and who purchases such residence before October 1, 2010, paragraph (1) shall be applied by substituting ‘October 1, 2010’ ” for “paragraph (1) shall be applied by substituting ‘July 1, 2010’ ”.

Subsec. (h)(3)(B). Puspan. L. 111–198, § 2(span), inserted “, and for ‘October 1, 2010’ ” after “for ‘July 1, 2010’ ”.

2009—Subsec. (span)(1)(A). Puspan. L. 111–5, § 1006(span)(1), substituted “$8,000” for “$7,500”.

Subsec. (span)(1)(B). Puspan. L. 111–5, § 1006(span), substituted “$4,000” for “$3,750” and “$8,000” for “$7,500”.

Subsec. (span)(1)(C). Puspan. L. 111–5, § 1006(span)(1), substituted “$8,000” for “$7,500”.

Subsec. (span)(1)(D). Puspan. L. 111–92, § 11(c)(1), added subpar. (D).

Subsec. (span)(2)(A)(i)(II). Puspan. L. 111–92, § 11(c)(2), substituted “$125,000 ($225,000” for “$75,000 ($150,000”.

Subsec. (span)(3). Puspan. L. 111–92, § 11(d), added par. (3).

Subsec. (span)(4). Puspan. L. 111–92, § 12(a)(1), added par. (4).

Subsec. (c)(3)(A)(i). Puspan. L. 111–92, § 12(c), inserted “(or, if married, such individual’s spouse)” after “person acquiring such property”.

Subsec. (c)(6). Puspan. L. 111–92, § 11(span), added par. (6).

Subsec. (d). Puspan. L. 111–5, § 1006(d)(2), (e), redesignated pars. (3) and (4) as (1) and (2), respectively, and struck out former pars. (1) and (2) which read as follows:

“(1) a credit under section 1400C (relating to first-time homebuyer in the District of Columbia) is allowable to the taxpayer (or the taxpayer’s spouse) for such taxable year or any prior taxable year,

“(2) the residence is financed by the proceeds of a qualified mortgage issue the interest on which is exempt from tax under section 103,”.

Subsec. (d)(3). Puspan. L. 111–92, § 11(g), added par. (3).

Subsec. (d)(4). Puspan. L. 111–92, § 12(span), added par. (4).

Subsec. (f)(4)(D). Puspan. L. 111–92, § 11(a)(2), inserted “and 2010” after “2009” in span and struck out “, and before December 1, 2009” after “December 31, 2008” in introductory provisions.

Puspan. L. 111–5, § 1006(c)(1), added subpar. (D).

Subsec. (f)(4)(E). Puspan. L. 111–92, § 11(e), added subpar. (E).

Subsec. (g). Puspan. L. 111–92, § 12(a)(2), inserted “(span)(4),” before “(c)”.

Puspan. L. 111–92, § 11(a)(3), amended subsec. (g) generally. Prior to amendment, text read as follows: “In the case of a purchase of a principal residence after December 31, 2008, and before December 1, 2009, a taxpayer may elect to treat such purchase as made on December 31, 2008, for purposes of this section (other than subsections (c) and (f)(4)(D)).”

Puspan. L. 111–5, § 1006(a)(2), (c)(2), substituted “December 1, 2009” for “July 1, 2009” and “subsections (c) and (f)(4)(D)” for “subsection (c)”.

Subsec. (h). Puspan. L. 111–92, § 11(a)(1), substituted “May 1, 2010” for “December 1, 2009”, designated existing provisions as par. (1), inserted span, and added par. (2).

Puspan. L. 111–5, § 1006(a)(1), substituted “December 1, 2009” for “July 1, 2009”.

Subsec. (h)(3). Puspan. L. 111–92, § 11(f), added par. (3).

Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment

Puspan. L. 111–198, § 2(c), July 2, 2010, 124 Stat. 1356, provided that: “The amendments made by this section [amending this section] shall apply to residences purchased after June 30, 2010.”

Effective Date of 2009 Amendment

Puspan. L. 111–92, § 11(j)(1)–(3), Nov. 6, 2009, 123 Stat. 2991, provided that:

“(1)In general.—The amendments made by subsections (span), (c), (d), and (g) [amending this section] shall apply to residences purchased after the date of the enactment of this Act [Nov. 6, 2009].
“(2)Extensions.—The amendments made by subsections (a) [amending this section], (f) [amending this section], and (i) [amending section 1400C of this title] shall apply to residences purchased after November 30, 2009.
“(3)Waiver of recapture.—The amendment made by subsection (e) [amending this section] shall apply to dispositions and cessations after December 31, 2008.”

Puspan. L. 111–92, § 12(e), Nov. 6, 2009, 123 Stat. 2992, provided that:

“(1)In general.—Except as otherwise provided in this subsection, the amendments made by this section [amending this section and section 6213 of this title] shall apply to purchases after the date of the enactment of this Act [Nov. 6, 2009].
“(2)Documentation requirement.—The amendments made by subsection (span) [amending this section] shall apply to returns for taxable years ending after the date of the enactment of this Act [Nov. 6, 2009].
“(3)Treatment as mathematical and clerical errors.—The amendments made by subsection (d) [amending section 6213 of this title] shall apply to returns for taxable years ending on or after April 9, 2008.”

Puspan. L. 111–5, div. B, title I, § 1006(f), Fespan. 17, 2009, 123 Stat. 317, provided that: “The amendments made by this section [amending this section and section 1400C of this title] shall apply to residences purchased after December 31, 2008.”

Effective Date

Section applicable to residences purchased on or after Apr. 9, 2008, in taxable years ending on or after such date, see section 3011(c) of Puspan. L. 110–289, set out as an Effective Date of 2008 Amendment note under section 26 of this title.