Worker, Homeownership, and Business Assistance Act of 2009


 * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

{{SECTION|SEC. 1.|SECTION 1}}. SHORT TITLE.

 * This Act may be cited as the ``Worker, Homeownership, and Business Assistance Act of 2009´´.

{{SECTION|SEC. 2.|SEC. 2}}. REVISIONS TO SECOND−TIER BENEFITS.

 * (a) .—


 * Section 4002(c) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended—


 * (1) in paragraph (1)—


 * (A) in the matter preceding subparagraph (A), by striking “If” and all that follows through “paragraph (2))” and inserting “At the time that the amount established in an individual's account under subsection (b)(1) is exhausted”;


 * (B) in subparagraph (A), by striking “50 percent” and inserting “54 percent”; and


 * (C) in subparagraph (B), by striking “13” and inserting “14”;


 * (2) by striking paragraph (2); and


 * (3) by redesignating paragraph (3) as paragraph (2).


 * (b) .—


 * The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.

{{SECTION|SEC. 3.|SEC. 3}}. THIRD−TIER EMERGENCY UNEMPLOYMENT COMPENSATION.

 * (a) .—


 * Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the following new subsection:


 * (b) .—


 * Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended—


 * (1) by striking “then section 4002(c)” and inserting “then subsections (c) and (d) of section 4002”; and


 * (2) by striking “paragraph (2) of such section)” and inserting “paragraph (2) of such subsection (c) or (d) (as the case may be))”.


 * (c) .—


 * The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.

{{SECTION|SEC. 4.|SEC. 4}}. FOURTH−TIER EMERGENCY UNEMPLOYMENT COMPENSATION.

 * (a) .—


 * Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 3(a), is amended by adding at the end the following new subsection:


 * (b) .—


 * Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 3(b), is amended—


 * (1) by striking “and (d)” and inserting “, (d), and (e) of section 4002”; and


 * (2) by striking “or (d)” and inserting “, (d), or (e) (as the case may be))”.


 * (c) .—


 * The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.

{{SECTION|SEC. 5.|SEC. 5}}. COORDINATION.

 * Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 4, is amended by adding at the end the following new subsection:

{{SECTION|SEC. 6.|SEC. 6}}. TRANSFER OF FUNDS.

 * Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking “Act;” and inserting “Act and sections 2, 3, and 4 of the Worker, Homeownership, and Business Assistance Act of 2009;”.

{{SECTION|SEC. 7.|SEC. 7}}. EXPANSION OF MODERNIZATION GRANTS FOR UNEMPLOYMENT RESULTING FROM COMPELLING FAMILY REASON.

 * (a) .—


 * Clause (i) of section 903(f)(3)(B) of the Social Security Act (42 U.S.C. 1103(f)(3)(B)) is amended to read as follows:


 * (b) .—


 * The amendment made by this section shall apply with respect to State applications submitted on and after January 1, 2010.

{{SECTION|SEC. 8.|SEC. 8}}. TREATMENT OF ADDITIONAL REGULAR COMPENSATION.

 * The monthly equivalent of any additional compensation paid by reason of section 2002 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438) shall be disregarded after the date of the enactment of this Act in considering the amount of income and assets of an individual for purposes of determining such individual's eligibility for, or amount of, benefits under the Supplemental Nutrition Assistance Program (SNAP).

{{SECTION|SEC. 9.|SEC. 9}}. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.

 * (a) .—


 * Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), is amended—


 * (1) in clause (iii)—


 * (A) by striking “June 30, 2009” and inserting “June 30, 2010”; and


 * (B) by striking “December 31, 2009” and inserting “December 31, 2010”; and


 * (2) by adding at the end of clause (iv) the following: “In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”.


 * (b) .—


 * Section 2006 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 445) is amended by adding at the end of subsection (b) the following: “In addition to funds appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $807,000 to cover the administrative expenses associated with the payment of additional extended unemployment benefits under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, to remain available until expended.”.

{{SECTION|SEC. 10.|SEC. 10}}. 0.2 PERCENT FUTA SURTAX.

 * (a) .—


 * Section 3301 of the Internal Revenue Code of 1986 (relating to rate of tax) is amended—


 * (1) by striking “through 2009” in paragraph (1) and inserting “through 2010 and the first 6 months of calendar year 2011”,


 * (2) by striking “calendar year 2010” in paragraph (2) and inserting “the remainder of calendar year 2011”, and


 * (3) by inserting “(or portion of the calendar year)” after “during the calendar year”.


 * (b) .—


 * The amendments made by this section shall apply to wages paid after December 31, 2009.

{{SECTION|SEC. 11.|SEC. 11}}. EXTENSION AND MODIFICATION OF FIRST-TIME HOMEBUYER TAX CREDIT.

 * (a) .—


 * (1) IN GENERAL.—


 * Subsection (h) of section 36 of the Internal Revenue Code of 1986 is amended—


 * (A) by striking “December 1, 2009” and inserting “May 1, 2010”,


 * (B) by striking “.—This section” and inserting “.—
 * ``(1) IN GENERAL.—This section”, and


 * (C) by adding at the end the following new paragraph:


 * (2) WAIVER OF RECAPTURE.—


 * (A) IN GENERAL.—


 * Subparagraph (D) of section 36(f)(4) of such Code is amended by striking “, and before December 1, 2009”.


 * (B) CONFORMING AMENDMENT.—


 * The heading of such subparagraph (D) is amended by inserting “and 2010” after “2009”.


 * (3) ELECTION TO TREAT PURCHASE IN PRIOR YEAR.—


 * Subsection (g) of section 36 of such Code is amended to read as follows:


 * (b) .—


 * Subsection (c) of section 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:


 * (c) .—


 * (1) DOLLAR LIMITATION.—


 * Subsection (b)(1) of section 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:


 * (2) INCOME LIMITATION.—


 * Subsection (b)(2)(A)(i)(II) of section 36 of such Code is amended by striking “$75,000 ($150,000” and inserting “$125,000 ($225,000”.


 * (d) .—


 * Subsection (b) of section 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:


 * (e) .—


 * Paragraph (4) of section 36(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:


 * (f) .—


 * (1) IN GENERAL.—


 * Subsection (h) of section 36 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following:


 * (g) .—


 * Subsection (d) of section 36 of the Internal Revenue Code of 1986 is amended by striking “or” at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting “, or”, and by adding at the end the following new paragraph:


 * (h) .—


 * Paragraph (2) of section 6213(g) of the Internal Revenue Code of 1986 is amended—


 * (1) by striking “and” at the end of subparagraph (M),


 * (2) by striking the period at the end of subparagraph (N) and inserting “, and”, and


 * (3) by inserting after subparagraph (N) the following new subparagraph:


 * (i) .—


 * Paragraph (4) of section 1400C(e) of the Internal Revenue Code of 1986 is amended by striking “and before December 1, 2009,”.


 * (j) .—


 * (1) IN GENERAL.—


 * The amendments made by subsections (b), (c), (d), and (g) shall apply to residences purchased after the date of the enactment of this Act.


 * (2) EXTENSIONS.—


 * The amendments made by subsections (a), (f), and (i) shall apply to residences purchased after November 30, 2009.


 * (3) WAIVER OF RECAPTURE.—


 * The amendment made by subsection (e) shall apply to dispositions and cessations after December 31, 2008.


 * (4) MATHEMATICAL ERROR AUTHORITY.—


 * The amendments made by subsection (h) shall apply to returns for taxable years ending on or after April 9, 2008.

{{SECTION|SEC. 12.|SEC. 12}}. PROVISIONS TO ENHANCE THE ADMINISTRATION OF THE FIRST-TIME HOMEBUYER TAX CREDIT.

 * (a) .—


 * (1) IN GENERAL.—


 * Subsection (b) of section 36 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph:


 * (2) CONFORMING AMENDMENT.—


 * Subsection (g) of section 36 of such Code, as amended by this Act, is amended by inserting “(b)(4),” before “(c)”.


 * (b) .—


 * Subsection (d) of section 36 of the Internal Revenue Code of 1986, as amended by this Act, is amended by striking “or” at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting “, or”, and by adding at the end the following new paragraph:


 * (c) .—


 * Clause (i) of section 36(c)(3)(A) of the Internal Revenue Code of 1986 is amended by inserting “(or, if married, such individual’s spouse)” after “person acquiring such property”.


 * (d) .—


 * Paragraph (2) of section 6213(g) the Internal Revenue Code of 1986, as amended by this Act, is amended by striking “and” at the end of subparagraph (N), by striking the period at the end of subparagraph (O) and inserting “, and”, and by inserting after subparagraph (O) the following new subparagraph:


 * (e) .—


 * (1) IN GENERAL.—


 * Except as otherwise provided in this subsection, the amendments made by this section shall apply to purchases after the date of the enactment of this Act.


 * (2) DOCUMENTATION REQUIREMENT.—


 * The amendments made by subsection (b) shall apply to returns for taxable years ending after the date of the enactment of this Act.


 * (3) TREATMENT AS MATHEMATICAL AND CLERICAL ERRORS.—


 * The amendments made by subsection (d) shall apply to returns for taxable years ending on or after April 9, 2008.

{{SECTION|SEC. 13.|SEC. 13}}. 5-YEAR CARRYBACK OF OPERATING LOSSES.

 * (a) .—


 * Subparagraph (H) of section 172(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows:


 * (b) .—


 * Subclause (I) of section 56(d)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended to read as follows:


 * (c) .—


 * Subsection (b) of section 810 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:


 * (d) .—


 * The Secretary of Treasury or the Secretary's designee shall prescribe such rules as are necessary to prevent the abuse of the purposes of the amendments made by this section, including anti-stuffing rules, anti-churning rules (including rules relating to sale-leasebacks), and rules similar to the rules under section 1091 of the Internal Revenue Code of 1986 relating to losses from wash sales.


 * (e) .—


 * (1) IN GENERAL.—


 * Except as otherwise provided in this subsection, the amendments made by this section shall apply to net operating losses arising in taxable years ending after December 31, 2007.


 * (2) ALTERNATIVE TAX NET OPERATING LOSS DEDUCTION.—


 * The amendment made by subsection (b) shall apply to taxable years ending after December 31, 2002.


 * (3) LOSS FROM OPERATIONS OF LIFE INSURANCE COMPANIES.—


 * The amendment made by subsection (d) shall apply to losses from operations arising in taxable years ending after December 31, 2007.


 * (4) TRANSITIONAL RULE.—


 * In the case of any net operating loss (or, in the case of a life insurance company, any loss from operations) for a taxable year ending before the date of the enactment of this Act—


 * (A) any election made under section 172(b)(3) or 810(b)(3) of the Internal Revenue Code of 1986 with respect to such loss may (notwithstanding such section) be revoked before the due date (including extension of time) for filing the return for the taxpayer's last taxable year beginning in 2009, and


 * (B) any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before such due date.


 * (f) .—


 * The amendments made by this section shall not apply to—


 * (1) any taxpayer if—


 * (A) the Federal Government acquired before the date of the enactment of this Act an equity interest in the taxpayer pursuant to the Emergency Economic Stabilization Act of 2008,


 * (B) the Federal Government acquired before such date of enactment any warrant (or other right) to acquire any equity interest with respect to the taxpayer pursuant to the Emergency Economic Stabilization Act of 2008, or


 * (C) such taxpayer receives after such date of enactment funds from the Federal Government in exchange for an interest described in subparagraph (A) or (B) pursuant to a program established under title I of division A of the Emergency Economic Stabilization Act of 2008 (unless such taxpayer is a financial institution (as defined in section 3 of such Act) and the funds are received pursuant to a program established by the Secretary of the Treasury for the stated purpose of increasing the availability of credit to small businesses using funding made available under such Act), or


 * (2) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and


 * (3) any taxpayer which at any time in 2008 or 2009 was or is a member of the same affiliated group (as defined in section 1504 of the Internal Revenue Code of 1986, determined without regard to subsection (b) thereof) as a taxpayer described in paragraph (1) or (2).

{{SECTION|SEC. 14.|SEC. 14}}. EXCLUSION FROM GROSS INCOME OF QUALIFIED MILITARY BASE REALIGNMENT AND CLOSURE FRINGE.

 * (a) .—


 * Subsection (n) of section 132 of the Internal Revenue Code of 1986 is amended—


 * (1) in subparagraph (1) by striking “this subsection) to offset the adverse effects on housing values as a result of a military base realignment or closure” and inserting “the American Recovery and Reinvestment Tax Act of 2009)”, and


 * (2) in subparagraph (2) by striking “clause (1) of”.


 * (b) .—


 * The amendments made by this act shall apply to payments made after February 17, 2009.

{{SECTION|SEC. 15.|SEC. 15}}. DELAY IN APPLICATION OF WORLDWIDE ALLOCATION OF INTEREST.

 * (a) .—


 * Paragraphs (5)(D) and (6) of section 864(f) of the Internal Revenue Code of 1986 are each amended by striking “December 31, 2010” and inserting “December 31, 2017”.


 * (b) .—


 * Section 864(f) of the Internal Revenue Code of 1986 is amended by striking paragraph (7).


 * (c) .—


 * The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

{{SECTION|SEC. 16.|SEC. 16}}. INCREASE IN PENALTY FOR FAILURE TO FILE A PARTNERSHIP OR S CORPORATION RETURN.

 * (a) .—


 * Sections 6698(b)(1) and 6699(b)(1) of the Internal Revenue Code of 1986 are each amended by striking “$89” and inserting “$195”.


 * (b) .—


 * The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2009.

{{SECTION|SEC. 17.|SEC. 17}}. CERTAIN TAX RETURN PREPARERS REQUIRED TO FILE RETURNS ELECTRONICALLY.

 * (a) .—


 * Subsection (e) of section 6011 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:


 * (b) .—


 * Paragraph (1) of section 6011(e) of the Internal Revenue Code of 1986 is amended by striking “The Secretary may not” and inserting “Except as provided in paragraph (3), the Secretary may not”.


 * (c) .—


 * The amendments made by this section shall apply to returns filed after December 31, 2010.

{{SECTION|SEC. 18.|SEC. 18}}. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

 * The percentage under paragraph (1) of section 202(b) of the Corporate Estimated Tax Shift Act of 2009 in effect on the date of the enactment of this Act is increased by 33.0 percentage points.

Approved November 6, 2009.

Legislative History

 * CONGRESSIONAL RECORD, Vol. 155 (2009):
 * Sept. 22, considered and passed House.
 * Nov. 4, considered and passed Senate, amended.
 * Nov. 5, House concurred in Senate amendement.
 * Nov. 5, House concurred in Senate amendement.

