Friday, February 13 2009
Here we have the key provisions of the stimulus legislation relating to real estate. House and Senate conferees have agreed upon a compromise stimulus package at a total cost of $789 billion. The House is scheduled to vote on the package today and the Senate will follow suit shortly thereafter, with the expectation that the legislation will reach President Barack Obama's desk by Monday, Feb. 16.
Key Provisions of the American Recovery and Reinvestment Act
• $8,000 first-time home buyer, true tax credit (no repayment) for the purchase of a
principle residence between January 1 and December 1, 2009. Recaptured if home is
sold within three years. Removes the restriction on the use of tax credit proceeds with
Housing Finance Agency-issued tax exempt mortgage revenue bonds.
• Short-term gap financing for Low Income Housing Tax Credit (LIHTC) projects:
1. Provision allowing states to turn in portion of 2009 LIHTC allocations for cash.
2. Special appropriation of $2 billion in HOME funds.
• Up to a ten-year deferral of tax from business debt cancelled as part of a repurchase or
• 5-year carryback of 2008 net operating losses for businesses with gross receipts of less
than $15 million (three year average).
• Extension of enhanced bonus depreciation.
• Extension of increased small business expensing.
• Enhancements to the section 25C program for energy efficiency remodeling
improvements to existing homes.
• One-year patch of the Alternative Minimum Tax.
• Increase New Markets Tax Credit allocating authority for 2008 and 2009.
• Delays for one year the start of 3% government contractor withholding requirement.
• $2 billion for full year payments to owners of Section 8 project based rental assistance
• $2.25 billion through HOME program and Low Income Housing Tax Credit program to
fill financing gaps.
• $1 billion for CDBG.
• $2 billion for Neighborhood stabilization program.
• $1.5 billion for homelessness prevention activities (help with rents, etc).
• $250 million for energy retrofitting and green investments in HUD assisted projects.
• $1 billion for Section 502 direct loans under the Rural Housing Service.
• $10.4 billion for Section 502 guaranteed loans under the Rural Housing Service.
• $27.5 billion for highway spending.
Other Key Provision
• Increases in FHA, Fannie Mae and Freddie Mac loan limits to 2008 levels.