S. 3930

119 S3930 IS: HOPE (Humans over Private Equity) for Homeownership Act
 U.S. Senate
 2026-02-26
 text/xml
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 II  119th CONGRESS  2d Session  S. 3930  IN THE SENATE OF THE UNITED STATES   February 26, 2026   Mr. Merkley  (for himself and  Mr. Hawley ) introduced the following bill; which was read twice and referred to the  Committee on Finance    A BILL
To amend the Internal Revenue Code of 1986 to impose an excise tax on the acquisition of single-family residences by hedge fund taxpayers, and for other purposes.
1.
Short title
This Act may be cited as the   HOPE (Humans over Private Equity) for Homeownership Act  .
2.
Excise tax on acquisition of single-family residences by hedge fund taxpayers
(a)
In general
Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:
50B
Single-family residences
Sec. 5000E. Newly acquired single-family residences.
5000E.
Newly acquired single-family residences
(a)
In general
There is hereby imposed the acquisition of any newly acquired single-family residence by a hedge fund taxpayer an amount equal to 15 percent of the purchase price thereof.
(b)
Newly acquired single-Family residence
For purposes of this section—
(1)
In general
The term  newly acquired single-family residence  means any residential property which—
(A)
consists of 1-to-4 dwelling units, and
(B)
was acquired by the taxpayer in any taxable year which begins after the date of the enactment of this chapter.
(2)
Exception
A residential property shall not be treated as a newly acquired single-family residence if, immediately after acquisition and at all times thereafter, such property is—
(A)
not rented or leased, and
(B)
used as the principal residence (within the meaning of section 121) of any person who has an ownership interest in the hedge fund taxpayer acquiring such taxpayer.
(c)
Hedge fund taxpayer
For purposes of this chapter—
(1)
In general
The term  hedge fund taxpayer  means, with respect to any taxable year, any applicable entity which—
(A)
manages funds pooled from investors,
(B)
has $50,000,000 or more in net value or assets under management on any day during the taxable year, and
(C)
is a fiduciary with respect to such investors.
(2)
Applicable entity
(A)
In general
The term  applicable entity  means—
(i)
any partnership,
(ii)
any corporation, or
(iii)
any real estate investment trust.
(B)
Exceptions
The term  applicable entity  shall not include—
(i)
an organization which is described in section 501(c)(3) and exempt from tax under section 501(a), or
(ii)
an organization which is primarily engaged in the construction or rehabilitation of single-family residences and which offers such residences for sale in the ordinary course of business.
(3)
Aggregation rules
(A)
In
 general
All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single person.
(B)
Modifications
For purposes of this subsection—
(i)
section 52(a) shall be applied by substituting  component members  for  members , and
(ii)
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)).
(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 section 1563(b)(2).
(d)
Other definitions and rules
For purposes of this section—
(1)
Purchase price
The term  purchase price  means the adjusted basis of the newly acquired single-family residence on the date such residence is purchased.
(2)
Acquisition
A hedge fund taxpayer shall be treated as acquiring a single-family residence if the taxpayer acquires a majority ownership interest in the single-family residence, regardless of the percentage of that ownership interest.
  .
(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 the date of enactment of this Act.
3.
Corporate surtax on hedge fund taxpayers
(a)
In general
 Section 11  of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
(e)
Hedge fund taxpayers
In the case of a corporation which is described in section 5000E(c), the percentage under subsection (b) shall be increased by 5 percentage points.
 .
(b)
Effective date
The amendment made by this section shall apply to taxable years beginning after December 31, 2035.
4.
Disallowance of certain deductions taken in connection with single-family residences of hedge fund taxpayers
(a)
Mortgage interest
(1)
In general
 Section 163  of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection:
(n)
No deduction for interest on acquisition indebtedness of single-Family residences of certain taxpayers
(1)
In general
In the case of a hedge fund taxpayer, no deduction shall be allowed under this chapter with respect to interest paid or accrued on acquisition indebtedness with respect to any single-family residence.
(2)
Definitions
For purposes of this subsection—
(A)
Hedge fund taxpayer
The term  hedge fund taxpayer  means, for any taxable year, any taxpayer—
(i)
who is described in section 5000E(c), and
(ii)
who is in the trade or business of renting or leasing single-family residences.
(B)
Acquisition indebtedness
The term  acquisition indebtedness  has the meaning given such term under subsection (h)(3)(B), determined—
(i)
by substituting  single-family residence (as defined in subsection (n))  for  qualified residence , and
(ii)
without regard to clause (ii) thereof.
(C)
Single-family
 residence
The term  single-family residence  means any residential property which consists of 1-to-4 dwelling units.
 .
(2)
Effective date
The amendments made by this subsection shall apply to taxable years beginning after December 31, 2030.
(b)
Depreciation
(1)
In general
 Section 167  of the Internal Revenue Code of 1986 is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection:
(i)
Deduction disallowed for single-Family residences of certain taxpayers
(1)
In general
In the case of a hedge fund taxpayer, no deduction shall be allowed under this section for any single-family residence.
(2)
Definitions
For purposes of this subsection—
(A)
Hedge fund taxpayer
The term  hedge fund taxpayer  means, for any taxable year, any taxpayer—
(i)
who is described in section 5000E(c), and
(ii)
who is in the trade or business of renting or leasing single-family residences.
(B)
Single-family
 residence
The term  single-family residence  means any residential property which consists of 1-to-4 dwelling units.
 .
(2)
Effective date
The amendments made by this subsection shall apply to taxable years beginning after December 31, 2030.
(c)
Qualified business income
(1)
In general
 Section 199A(d)(1)  of the Internal Revenue Code of 1986 is amended by striking  or  at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting  , or , and by adding at the end the following new subparagraph:
(C)
any trade or business of hedge fund taxpayer (as defined in section 163(n)(2)(A)).
 .
(2)
Effective date
The amendments made by this subsection shall apply to taxable years beginning after December 31, 2035.