§ 1400C. First-time homebuyer credit for District of Columbia
(a)
Allowance of credit
In the case of an individual who is a first-time homebuyer of a principal residence in the District of Columbia during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to so much of the purchase price of the residence as does not exceed $5,000.
(b)
Limitation based on modified adjusted gross income
(c)
First-time homebuyer
For purposes of this section—
(1)
In general
The term “first-time homebuyer” means any individual if such individual (and if married, such individual’s spouse) had no present ownership interest in a principal residence in the District of Columbia during the 1-year period ending on the date of the purchase of the principal residence to which this section applies.
(2)
One-time only
If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence.
(3)
Principal residence
The term “principal residence” has the same meaning as when used in section
121.
(d)
Carryforward of unused credit
(1)
Rule for years in which all personal credits allowed against regular and alternative minimum tax
In the case of a taxable year to which section
26
(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section
26
(a)(2) 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 section
25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.
(2)
Rule for other years
In the case of a taxable year to which section
26
(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by section
26
(a)(1) 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
24,
25A
(i),
25B,
25D,
30, and
30B, and
30D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.
(e)
Special rules
For purposes of this section—
(1)
Allocation of dollar limitation
(A)
Married individuals filing separately
In the case of a married individual filing a separate return, subsection (a) shall be applied by substituting “$2,500” for “$5,000”.
(B)
Other taxpayers
If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $5,000.
(2)
Purchase
(A)
In general
The term “purchase” means any acquisition, but only if—
(i)
the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section
267 or
707
(b) (but, in applying section
267
(b) and (c) for purposes of this section, paragraph (4) of section
267
(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants), and
(3)
Purchase price
The term “purchase price” means the adjusted basis of the principal residence on the date such residence is purchased.
(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, if a credit under section
36 is allowable to such taxpayer (or the taxpayer’s spouse) with respect to such purchase.
(g)
Credit treated as nonrefundable personal credit
For purposes of this title, the credit allowed by this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of this chapter.
(h)
Basis adjustment
For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed.
(i)
Application of section
This section shall apply to property purchased after August 4, 1997, and before January 1, 2012.