Source
(Added Pub. L. 105–34, title VII, § 701(a), Aug. 5, 1997, 111 Stat. 867; amended Pub. L. 105–206, title VI, § 6008(d)(1)–(5), July 22, 1998, 112 Stat. 811, 812; Pub. L. 106–170, title V, § 510, Dec. 17, 1999, 113 Stat. 1924; Pub. L. 106–554, § 1(a)(7) [title I, § 163], Dec. 21, 2000, 114 Stat. 2763, 2763A–625; Pub. L. 107–16, title II, §§ 201(b)(2)(H),
202
(f)(2)(C), title VI, § 618(b)(2)(E), June 7, 2001, 115 Stat. 46, 49, 108; Pub. L. 107–147, title IV, § 417(23)(B), Mar. 9, 2002, 116 Stat. 57; Pub. L. 108–311, title III, § 310(d), Oct. 4, 2004, 118 Stat. 1180; Pub. L. 109–58, title XIII, § 1335(b)(3), Aug. 8, 2005, 119 Stat. 1036; Pub. L. 109–135, title IV, § 402(i)(3)(F), (4), Dec. 21, 2005, 119 Stat. 2614, 2615; Pub. L. 109–432, div. A, title I, § 110(d)(1), Dec. 20, 2006, 120 Stat. 2940.)
Amendment of Section
For termination of amendment by section 402(i)(3)(H) of Pub. L. 109–135, see Effective and Termination Dates of 2005 Amendments note below.
For termination of amendment by section 901 of Pub. L. 107–16, see Effective and Termination Dates of 2001 Amendment note below.
Amendments
2006—Subsec. (i).
Pub. L. 109–432 substituted “2008” for “2006”.
2005—Subsec. (d).
Pub. L. 109–135, § 402(i)(3)(F), (H), temporarily amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “If the credit allowable under subsection (a) exceeds the limitation imposed by section
26
(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section and sections
23,
24, and
25B), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.” See Effective and Termination Dates of 2005 Amendments note below.
Pub. L. 109–58, § 1335(b)(3), which directed amendment of subsec. (d) by substituting “this section and section
25D” for “this section”, was repealed by
Pub. L. 109–135, § 402(i)(4). See Effective and Termination Dates of 2005 Amendments notes below.
2004—Subsec. (i).
Pub. L. 108–311 substituted “2006” for “2004”.
2002—Subsec. (d).
Pub. L. 107–147 amended directory language of
Pub. L. 107–16, § 618(b)(2)(E). See 2001 Amendment note below.
2001—Subsec. (d).
Pub. L. 107–16, § 618(b)(2)(E), as amended by
Pub. L. 107–147, substituted “, 24, and 25B” for “and 24”.
Pub. L. 107–16, §§ 202(f)(2)(C),
901, temporarily substituted “sections
23 and
24” for “section
24”. See Effective and Termination Dates of 2001 Amendment note below.
Pub. L. 107–16, §§ 201(b)(2)(H),
901, temporarily inserted “and section
24” after “this section”. See Effective and Termination Dates of 2001 Amendment note below.
2000—Subsec. (i).
Pub. L. 106–554 substituted “2004” for “2002”.
1999—Subsec. (i).
Pub. L. 106–170 substituted “2002” for “2001”.
1998—Subsec. (b)(1).
Pub. L. 105–206, § 6008(d)(1), inserted “and subsection (d)” after “this subsection” in introductory provisions.
Subsec. (c)(1).
Pub. L. 105–206, § 6008(d)(2), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘first-time homebuyer’ has the same meaning as when used in section
72
(t)(8)(D)(i), except that ‘principal residence in the District of Columbia during the 1-year period’ shall be substituted for ‘principal residence during the 2-year period’ in subclause (I) thereof.”
Subsec. (e)(2)(B).
Pub. L. 105–206, § 6008(d)(3), inserted “on the date the taxpayer first occupies such residence” before the period at end.
Subsec. (e)(3).
Pub. L. 105–206, § 6008(d)(4), substituted “on the date such residence is purchased.” for “on the date of acquisition (within the meaning of section
72
(t)(8)(D)(iii)).”
Subsec. (i).
Pub. L. 105–206, § 6008(d)(5), substituted “Application of section” for “Termination” in heading and amended text generally. Prior to amendment, text read as follows: “This section shall not apply to any property purchased after December 31, 2000.”
Effective Date of 2006 Amendment
Pub. L. 109–432, div. A, title I, § 110(d)(2), Dec. 20, 2006,
120 Stat. 2940, provided that: “The amendment made by this subsection [amending this section] shall apply to property purchased after December 31, 2005.”
Effective and Termination Dates of 2005 Amendments
Amendment by section 402(i)(3)(F) of
Pub. L. 109–135 subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001,
Pub. L. 107–16, § 901, in the same manner as the provisions of such Act to which such amendment relates, see section 402(i)(3)(H) of
Pub. L. 109–135, set out as a note under section
23 of this title.
The Internal Revenue Code of 1986 to be applied and administered as if the amendments made by section
1135
(b)(1)–(3) of
Pub. L. 109–58 had never been enacted, see section 402(i)(4) of
Pub. L. 109–135, set out as a note under section
23 of this title.
Amendments by
Pub. L. 109–135 effective as if included in the provisions of the Energy Policy Act of 2005,
Pub. L. 109–58, to which they relate, except that amendment by section 402(i)(3)(F) of
Pub. L. 109–135 is applicable to taxable years beginning after Dec. 31, 2005, see section 402(m) of
Pub. L. 109–135, set out as a note under section
23 of this title.
Amendment by
Pub. L. 109–58 applicable to property placed in service after Dec. 31, 2005, in taxable years ending after such date, see section 1335(c) of
Pub. L. 109–58, set out as a note under section
23 of this title.
Effective Date of 2004 Amendment
Amendment by
Pub. L. 108–311 effective Jan. 1, 2004, see section 310(e)(1) of
Pub. L. 108–311, set out as a note under section
1400 of this title.
Effective and Termination Dates of 2001 Amendment
Amendment by
Pub. L. 107–16 inapplicable to taxable years beginning during 2004 or 2005, see section 312(b)(2) of
Pub. L. 108–311, set out as a note under section
23 of this title.
Amendment by
Pub. L. 107–16 inapplicable to taxable years beginning during 2002 and 2003, see section 601(b)(2) of
Pub. L. 107–147, set out as a note under section
23 of this title.
Amendment by section 201(b)(2)(H) of
Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2001, see section 201(e)(2) of
Pub. L. 107–16, set out as a note under section
24 of this title.
Amendment by section 202(f)(2)(C) of
Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2001, see section 202(g)(1) of
Pub. L. 107–16, set out as a note under section
23 of this title.
Amendment by section 618(b)(2)(E) of
Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2001, see section 618(d) of
Pub. L. 107–16, set out as a note under section
24 of this title.
Amendment by sections 201(b)(2)(H) and 202(f)(2)(C) of
Pub. L. 107–16 inapplicable to taxable, plan, or limitation years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 901 of
Pub. L. 107–16, set out as a note under section
1 of this title.
Effective Date of 1998 Amendment
Amendment by
Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997,
Pub. L. 105–34, to which such amendment relates, see section 6024 of
Pub. L. 105–206, set out as a note under section
1 of this title.