H.R. 3745

119 HR 3745 IH: American Neighborhoods Protection Act of 2025
 U.S. House of Representatives
 2025-06-05
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 I  119th CONGRESS  1st Session  H. R. 3745  IN THE HOUSE OF REPRESENTATIVES   June 5, 2025   Ms. Adams  (for herself,  Mrs. McIver ,  Mr. Fields , and  Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the  Committee on Ways and Means , and in addition to the Committee on  Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned   A BILL
To prohibit individuals and entities from owning more than 75 single-family residences, and for other purposes.
1.
Short title
This Act may be cited as the   American Neighborhoods Protection Act of 2025  .
2.
Excise tax on certain taxpayers failing to sell excess single-family residences
(a)
In general
Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:
50B
Excess Single-Family Residences
Sec. 5000E. Excess single-family residences.
5000E.
Excess single-family residences
(a)
In general
There is hereby imposed on each covered taxpayer for each taxable year a tax in an amount equal to the product of—
(1)
$10,000, and
(2)
the excess of—
(A)
the number of single-family residences owned by the taxpayer as of the last day of the taxable year, over
(B)
75.
(b)
Covered taxpayer
For purposes of this section—
(1)
In general
The term  covered taxpayer  means a taxpayer that is not—
(A)
a mortgage note holder that owns a single-family residence through foreclosure,
(B)
a organization which is described in subsection 501(c)(3) and exempt from tax under section 501(a),
(C)
a person primarily engaged in the construction or rehabilitation of single-family residences, or
(D)
a person who owns federally subsidized housing.
(2)
Aggregation rules
(A)
In general
For purposes of this section, all persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer.
(B)
Modifications
For purposes of this paragraph—
(i)
section 52(a) shall be applied by substituting  component members  for  members , and
(ii)
for purposes of applying subsection (b), the term  trade or business  shall include any activity treated as a trade or business under paragraph (5) or (6) of subsection (c) (determined without regard to the phrase  to the extent provided in regulations  in such paragraph (6)).
(C)
Component member
For purposes of this paragraph, the term  component member  has the meaning given such term by section 1563(b), except that the determination shall be made without regard to subsection (b)(2).
(c)
Other rules and definitions
For purposes of this section:
(1)
Single-family residence
The term  single-family residence  means a residential property consisting not more than 4 dwelling units.
(2)
Own
(A)
In general
The term  own , with respect to a single-family residence, means having a direct majority ownership interest in the single-family residence.
(B)
Special rule for certain sales
(i)
In general
Notwithstanding subparagraph (A), for purposes of subsections (a)(2)(A), any single-family residence which is owned by a covered taxpayer as of the first day of the taxable year and which is sold or transferred during such taxable year by the covered taxpayer in a sale or transfer described in clause (ii) shall be treated as a single-family residence which is owned by the covered taxpayer as of the last day of such taxable year.
(ii)
Sales described
A sale or transfer is described in this clause if such sale or transfer is a sale or transfer to—
(I)
a corporation or entity engaged in a trade or business,
(II)
a group of more than 2 individuals, or
(III)
a person who owns any other single-family residence at the time of such sale.
(d)
Reporting
(1)
In general
The Secretary shall require such reporting as the Secretary determines necessary or appropriate to carry out the purposes of this section, including requiring a certification of the following from each purchaser or transferee of a single-family residence:
(A)
The name and address of the purchaser or transferee.
(B)
Identify whether the sale is a sale described in subsection (c)(2)(B)(ii) of the Internal Revenue Code 1986.
(2)
Failure to report
(A)
In general
Any person who fails to report information required under paragraph (1) or who fails to include correct information in such report shall pay a penalty of $50,000.
(B)
Reasonable cause waiver
No penalty shall be imposed under this paragraph with respect to any failure if it is shown that such failure is due to reasonable cause and not to willful neglect.
(C)
Treatment of penalty
The penalty under this paragraph shall be paid upon notice and demand by the Secretary, and shall be assessed and collected in the same manner as an assessable penalty under subchapter B of chapter 68.
  .
(b)
Clerical amendment
The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
Chapter 50B—Excess single-Family residences
  .
(c)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2025.
3.
Use of tax revenues for down payment assistance grants
(a)
Establishment of housing trust fund
(1)
In general
Subchapter A of  chapter 98  of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
9512.
Housing Trust Fund
(a)
Creation of trust fund
There is established in the Treasury of the United States a trust fund to be known as the Housing Trust Fund (hereinafter in this section referred to as the  Trust Fund ), consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section and section 9602(b).
(b)
Transfers to Trust Fund
There are hereby appropriated to the Housing Trust Fund amounts equivalent to revenues received in the Treasury from the tax imposed by section 5000E.
(c)
Expenditures from Trust Fund
Amounts in the Housing Trust Fund shall be available, as provided in appropriations Acts, only for grants under section 3(b) of the American Neighborhoods Protection Act of 2025.
 .
(2)
Clerical amendment
The table of sections for subchapter A of  chapter 98  of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
Sec. 9512. Housing Trust Fund.
  .
(b)
Grants program for down payment assistance programs
(1)
Establishment
The Secretary of Housing and Urban Development shall establish a program under which the Secretary makes grants to State housing finance agencies to establish new or supplement existing programs that provide down payment assistance to families purchasing homes within the State.
(2)
Priority
A State housing finance agency that receives a grant under this section shall give priority to families seeking assistance to purchase any single-family residence that is sold or transferred by a covered taxpayer (as defined in  section 5000E(b)  of the Internal Revenue Code of 1986, as added by section 2).