Mortgage Subsidy Bond Tax Act of 1979

(Measure passed House, amended, roll call #162 (238-178))

Mortgage Subsidy Bond Tax Act of 1979 - Amends the Internal Revenue Code to deny a tax exclusion of the interest on State and local mortgage subsidy bonds (except qualified mortgage bonds and qualified veterans' mortgage bonds). Defines "mortgage subsidy bonds" as bonds which are used to finance mortgages on owner-occupied residences.

Defines "qualified veterans' mortgage bonds" as obligations which are issued in registered form and which are used to finance mortgages for veterans' housing. Requires that the proceeds of such bonds be used to finance new mortgages only and that the principal and interest of such bonds be secured by the general obligation of a State.

Sets forth requirements for the qualification of mortgage bonds for the interest tax exclusion, including requirements that: (1) such bonds are used to finance mortgages on single family residences which are purchased as the principal residence of the mortgagor and which are located in the jurisdiction of the issuing authority; (2) the mortgagor was not a homeowner within the three year period ending on the date the mortgage is executed (not applicable to rehabilitation loans, home improvement loans, and targeted area mortgages); (3) the purchase price of the residence does not exceed 80 percent of the average area purchase price applicable to such residence (110 percent for residences in targeted areas); (4) 75 percent of the bond issue proceeds is used to finance residences with a downpayment requirement of five percent and 95 percent financing; and (5) the income of the mortgagors as a whole must be 115 percent or less than the medium family income for the statistical area in which the residence is located (140 percent for targeted areas), and at least 50 percent of the bond issue proceeds are available for families whose income is 90 percent or less of such average income. Provides that a showing that the issuing authority has attempted in good faith to satisfy all the requirements of this Act, or that 95 percent of the mortgages issued pursuant to this Act are in compliance with its requirements, will cure a failure to meet any particular requirement, provided that such failure is corrected within a reasonable time after its discovery. Terminates the tax exclusion for interest on qualified mortgage bonds two years after the enactment of this Act.

Limits the amount of qualified mortgage bonds which a State may issue to the greater of $50,000,000 or five percent of the average of all mortgages originated in such State in the preceding three years. Requires that at least 20 percent (but not more than 40 percent) of such mortgage bonds be made available for targeted areas. Defines "targeted areas" as areas in which 70 percent of the families have incomes of not more than 80 percent of the statewide median income or areas of chronic economic distress as defined by such States subject to the approval of the Secretaries of the Treasury and Housing and Urban Development.

Limits the effective interest rate on mortgages under this Act to one percentage point above the yield to maturity to the purchasers of the mortgage bonds, calculated on the date of issuance. Requires the inclusion of fees, charges, and other amounts borne by the mortgagor in determining the effective rate of interest on the mortgage. Requires the application of excess arbitrage earnings to the reduction of the costs of owner-financing under this Act.

Requires State agencies to issue an opinion prior to a bond issue that such issue meets the requirements imposed by this Act with respect to market limitations on the issuance of bonds and investment in targeted areas.

Requires the registration of bonds issued pursuant to this Act.

Requires the origination of bonds issued pursuant to this Act by at least two individuals, unless no more than one individual is willing to originate the mortgage or there is a sound public purpose in having only one originator.

Requires that mortgages issued pursuant to this Act must be new mortgages, with limited exceptions. Requires individuals assuming mortgages financed pursuant to this Act to meet the requirements imposed upon the original mortgagors.

Restricts the use of tax-exempt industrial development bonds for residential rental projects which have a 20 percent occupancy of low-or moderate-income individuals.

States that the effective date of this Act shall be April 24, 1979. Permits the tax exemption of bonds not in conformity with the requirements of this Act if the issuing authority had taken, prior to April 25, 1979, official action which indicated an intent to issue such bonds. Permits State housing finance agencies to issue up to $150,000,000 of tax-exempt mortgage subsidy bonds without regard to whether such agencies took official action to issue such bonds prior to April 25, 1979.

Permits the issuance of tax-exempt mortgage subsidy bonds not in conformity with the requirements of this Act in the case of local government programs which provide housing rehabilitation loans and with respect to projects which had reached specified stages of development prior to April 25, 1979.

Permits the tax free rollover of bonds which were tax-exempt prior to April 24, 1979, where the maturity date of such bonds is not longer than two years after the life of the initial mortgages on the property.

Permits the issuance of tax-exempt mortgage subsidy bonds not in conformity with the requirements of this Act in the case of local governments which were developing bond proposals before April 24, 1979, but which deferred such proposals due to State legislation which was pending on April 1, 1979, and subsequently enacted on April 26, 1979 (describes a situation peculiar to the State of Kansas).