123STA T . 31 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9SEC.10 0 5 .C OMPUT E R TEC HN O L O GYA N D E Q U I PMENT ALLO W ED AS A QUALI F IED HIGHER EDUCATION E X PENSE FOR SEC - TION 5 29 ACCOUNTS IN 2009 AND 2010. (a)INGE NE RAL.—Section529 (e)( 3 )( A )i s a m en d ed by st r i k in g‘ ‘and ’ ’att h eendo f c l a u se (i) , by striking the p eriod at the end of clause (ii), and by adding at the end the follo w ing
‘‘(iii) e x penses paid or incurred in 2 0 09or20 1 0 for the purchase of any computer technology or e q uip - ment (as defined in section 1 7 0(e)( 6 )( F )(i)) or Internet access and related ser v ices, if such technology, equip- ment, or services are to be used by the beneficiary and the beneficiary’s family during any of the years the beneficiary is enrolled at an eligible educational institution. C lause (iii) shall not include expenses for computer soft- ware designed for sports, games, or hobbies unless the software is predominantly educational in nature.’’. (b) EF FE CTIV E D ATE.— T he amendments made by this section shall apply to expenses paid or incurred after December 31, 200 8 . SEC. 100 6 . EXTENSION OF AND INCREASE IN FIRST-TIME HOME B UYER CREDIT
WAI V ER OF REQUIREMENT TO REPAY. (a) E X TEN S I O N.— (1) IN G ENERAL.—Section 36(h) is amended by striking ‘‘ J uly 1, 2009’’ and inserting ‘‘December 1, 2009’’. (2) CONFOR M ING AMEN D MENT.—Section 36(g) is amended by striking ‘‘July 1, 2009’’ and inserting ‘‘December 1, 2009’’. (b) INCREASE.— (1) IN GENERAL.—Section 36(b) is amended by striking ‘‘ $ 7,500’’ each place it appears and inserting ‘‘$8,000’’. (2) CONFORMING AMENDMENT.—Section 36(b)(1)( B )is amended by striking ‘‘$3,750’’ and inserting ‘‘$ 4 ,000’’. (c) W AIVER OF R ECA P T U RE.— (1) IN GENERAL.— P aragraph (4) of section 36(f) is amended by adding at the end the following new subparagraph: ‘‘(D) WAIVER OF RECAPTURE FOR PURC H ASES IN 20 0 9 .— In the case of any credit allowed with respect to the pur- chase of a principal residence after December 31, 2008, and before December 1, 2009— ‘‘(i) paragraph (1) shall not apply, and ‘‘(ii) paragraph (2) shall apply only if the disposi- tion or cessation described in paragraph (2) with respect to such residence occurs during the 36-month period beginning on the date of the purchase of such residence by the taxpayer.’’. (2) CONFORMING AMENDMENT.—Subsection (g) of section 36 is amended by striking ‘‘subsection (c)’’ and inserting ‘‘sub- sections (c) and (f)(4)(D)’’. (d) COORDINATION WITH FIRST-TIME H OME B U Y ER CREDIT FOR DISTRICT OF COLUMBIA.— (1) IN GENERAL.—Subsection (e) of section 1400C is amended by adding at the end the following new paragraph: ‘‘(4) COORDINATION W ITH NATIONAL FIRST-TIME HOMEBUYERS CREDIT.— N o credit shall be allowed under this section to any taxpayer with respect to the purchase of a residence after December 31, 2008, and before December 1, 2009, if a credit Timep e r i od.A pp l i cab ili ty . Time period. 26USC5 2 9n ote. 26 USC 529.
