Affordable Housing and Homeownership Protection Act of 2026

Chapter 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:

There is hereby imposed on each covered investor a tax equal to the applicable percentage of the purchase price paid by such covered investor with respect to any covered home purchase during the taxable year.

For purposes of subsection (a), the applicable percentage is—

(1) 1 percent in the case of a medium-sized investor,

(2) 3 percent in the case of a large investor, and

(3) 5 percent in the case of a giant investor.

For purposes of this section—

The term covered investor means any person, other than a person described in paragraph (6), who is a medium-sized investor, large investor, or giant investor.

The term medium-sized investor means any person who owns more than 15 and not more than 25 single-family homes as of the last day of the taxable year.

The term large investor means any person who owns more than 25 and not more than 100 single-family homes as of the last day of the taxable year.

The term giant investor means any person who owns more than 100 single-family homes as of the last day of the taxable year.

Any new single-family home which is constructed by the taxpayer shall not be taken into account for purposes of this subsection, unless such single-family home replaces a previous single-family home on the same site which was purchased by the taxpayer and replaced with the newly constructed single-family home.

A person described in this paragraph is—

(A) any organization which is exempt from taxation under section 501(a), the primary purpose of which is related to affordable housing, housing counseling, or neighborhood stabilization,

(B) any State or political subdivision thereof,

(C) any public housing authority or its instrumentalities,

(D) any land bank, or

(E) any community land trust.

For purposes of this section—

The term covered home purchase means the purchase of a single-family home by a covered investor.

The construction of a new single-family home by the taxpayer shall not be treated as a purchase, unless such new single-family home is taken into account for purposes of subsection (c) by reason of paragraph (5) thereof.

The term purchase price means the total amount paid, including the amount of any indebtedness incurred or assumed, by the taxpayer to acquire a single-family home from the seller.

The term single-family home has the meaning given such term by section 81.2 of title 24, Code of Federal Regulations.

The term own means directly or indirectly possessing a majority interest in a single-family home.

Except as otherwise provided in paragraph (2), all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as 1 person for purposes of this section.

For purposes of this subsection—

(A) section 52(a) shall be applied by substituting component members for members, and

(B) for purposes of applying section 52(b), the term trade or business shall include any activity treated as a trade or business under paragraph (5) or (6) of section 469(c) (determined without regard to the phrase To the extent provided in regulations in such paragraph (6)).

For purposes of paragraph (2), the term component member has the meaning given such term by section 1563(b), determined without regard to paragraph (2) thereof.

For purposes of determining the number of homes owned or purchased by a covered investor, a covered home purchase by a person bearing a relationship to the covered investor specified in section 267(b) or 707(b)(1), from a person who does not bear such a relationship to the covered investor, shall be treated as a covered home purchase by the covered investor.

For purposes of this paragraph, sections 267(b) and 707(b)(1) shall be applied as if section 267(c)(4) provided that the family of an individual consists of the individual’s spouse, the individual’s children, grandchildren, and parents, and any spouse of the individual’s children or grandchildren.

This paragraph shall not apply to the purchase or ownership by any individual of a home which is the principal residence (within the meaning of section 121) of the individual.

Each person who is a covered investor for the taxable year shall attach to the return of the tax imposed by this section a report containing information, in such form as the Secretary shall prescribe, on—

(1) the number of single-family homes owned on the last day of the taxable year by such person, and

(2) the number of single-family homes purchased by such person during the taxable year.

The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

The amendments made by this section shall apply to taxable years beginning after December 31, 2025.

(1) 65 percent of such amounts to the Secretary of Housing and Urban Development to provide additional funding for the Housing Trust Fund established under section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568(a)).

(2) 35 percent of such amounts to provide additional funding for the Capital Magnet Fund established under section 1339(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4569(a)).