,i #aacth ,,congress #b;d ,session ,h4 ,r4 #edbg ,,in ,,the ,,house ,,of ,,representatives ,september #i1 #bjad ,mr4 ,israel 7for himself and ,mr4 ,bishop of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to establish small business savings accounts4 #a4 ,short title ,this ,act may be cited as the ,,save for ,small ,businesses ,act or the ,savings ,accounts for a ,variable ,economy for ,small ,businesses ,act4 #b4 ,small ,business ,savings ,accounts 7a7 ,in general ,chapter #gg of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #gebi4 ,small ,business ,savings ,accounts 7a7 ,in general ,any eligible small business may enter into an agreement with the ,secretary under this section to establish a small business savings account with respect to such business under terms which meet the requirements of this section4 7b7 ,small business savings accounts ,for purposes of this section1 the term small business savings account means a tax preferred savings account which is designated at the time of establishment of the plan as a small business savings account4 ,such designation shall be made in such manner as the ,secretary may by regulation prescribe4 7c7 ,contributions 7#a7 ,deduction ,there shall be allowed as a deduction an amount equal to the contributions to a small business savings account for the taxable year4 7#b7 ,limitation ,the aggregate amount of contributions for any taxable year to all small business savings accounts maintained for the benefit of an eligible small business shall not exceed an amount equal to #aj percent of the gross profits of the business for the preceding taxable year4 7d7 ,distributions 7#a7 ,in general ,any qualified distribution from a small business savings account shall not be includible in gross income4 7#b7 ,inclusion of nonqualified distributions ,any amounts distributed out of a small business savings account that are not qualified distributions shall be included in gross income for the taxable year of the distribution4 7#c7 ,qualified distribution ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified distribution means any amount-- 7i7 distributed from a small business savings account during a specified period of economic hardship1 and 7ii7 the distribution of which is certified by the taxpayer as part of a plan which provides for the reinvestment of such distribution for the funding of worker hiring or financial stabilization for the purposes of job retention or creation4 7,b7 ,specified period of economic hardship ,the term specified period of economic hardship means-- 7i7 any #a-year period beginning immediately after the end of any #c consecutive quarters during which the annual rate of real gross domestic product 7as determined by the ,bureau of ,economic ,analysis of the ,department of ,commerce7 decreases1 or 7ii7 any period1 in no event shorter than #a year1 specified by the ,administrator of the ,small ,business ,administration for purposes of this section4 7,c7 ,federally ,declared disaster areas ,the ,administrator of the ,small ,business ,administration may specify a period under subparagraph 7,b77ii7 with respect to a specified area in the case of an area determined by the ,president to warrant assistance from the ,federal ,government under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7as in effect on the date of the enactment of the ,,save for ,small ,businesses ,act74 7,d7 ,limitation ,the ,administrator of the ,small ,business ,administration shall1 in consultation with the ,secretary1 for each specified period of economic hardship establish a distribution limitation for qualified distributions from eligible small business accounts with respect to such period4 ,the aggregate qualified distributions for any such period from all accounts with respect to an eligible small business shall not exceed such limitation4 7,e7 ,amounts not used for reinvestment ,any distribution not used in the manner certified under subparagraph 7,a77ii7 shall be treated as a distribution other than a qualified distribution in the taxable year of such distribution4 7,f7 ,eight-year rule ,any amount contributed to a small business savings account 7and any earnings attributable thereto71 once distributed1 shall not be treated as a qualified distribution unless such distribution is made not later than #h years after the date of such contribution4 ,for purposes of the preceding sentence1 amounts 7and the earnings attributable thereto7 shall be treated as distributed on a first-in first-out basis4 7e7 ,tax treatment of account ,any small business savings account is exempt from taxation under this subtitle ,a unless such account has ceased to be a small business savings account4 ,notwithstanding the preceding sentence1 any such account is subject to the taxes imposed by section #eaa 7relating to imposition of tax on unrelated business income of charitable1 etc4 organizations74 7f7 ,eligible small business ,for purposes of this section-- 7#a7 ,in general ,the term eligible small business means1 with respect to any calendar year1 any person if the annual average number of full-time employees employed by such person during the preceding calendar year was #ej or fewer4 ,for purposes of the preceding sentence1 a preceding calendar year may be taken into account only if the person was in existence throughout the year4 7#b7 ,full-time employees 7,a7 ,in general ,the term full-time employee means1 with respect to any year1 an employee who is employed on average at least #dj hours of service per week4 7,b7 ,hours of service ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall prescribe such regulations1 rules1 and guidance as may be necessary to determine the hours of service of an employee1 including rules for the application of this paragraph to employees who are not compensated on an hourly basis4 7#c7 ,startups1 controlled groups1 and predecessors ,rules similar to the rules of subparagraphs 7,b7 and 7,d7 of section #bbj7;c77#d7 shall apply for purposes of this subsection4 7g7 ,effect of pledging account as security ,if1 during any taxable year of the eligible small business for whose benefit an account is established1 the account or any portion thereof is pledged as security for a loan1 the portion so pledged shall be treated as distributed in a distribution other than a qualified distribution4 4 7b7 ,small business savings account programs 7#a7 ,in general ,the ,secretary of the ,treasury shall establish a program to administer small business savings accounts under section #gebi of the ,internal ,revenue ,code of #aihf4 7#b7 ,account standards ,the ,secretary shall establish minimum standards for small business savings accounts and shall establish accounts within the ,department of the ,treasury or enter into agreements with trustees that meet these standards to administer such accounts4 ,in establishing such standards and making such agreements the ,secretary shall1 to the extent practicable1 seek to minimize fees1 minimize risk of loss of principal1 and ensure a range of investment risk options available to account beneficiaries4 7c7 ,excess contributions ,section #digc of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7h7 ,excess contributions to small business savings accounts ,for purposes of this section1 in the case of contributions to all small business savings accounts 7within the meaning of section #gebi7;b77 maintained for the benefit of an individual1 the term excess contributions means the sum of-- 7#a7 the excess 7if any7 of-- 7,a7 the amount contributed to such accounts for the taxable year1 over 7,b7 the amount allowable as a contribution under section #gebi7;c77#b7 for such taxable year1 and 7#b7 the amount determined under this subsection for the preceding taxable year1 reduced by the sum of-- 7,a7 the distributions out of the accounts for the taxable year1 and 7,b7 the excess 7if any7 of-- 7i7 the maximum amount allowable as a contribution under section #gebi7;c77#b7 for such taxable year1 over 7ii7 the amount contributed to such accounts for such taxable year4 4 7d7 ,clerical amendment ,the table of sections for chapter #gg of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #gebi4 ,small ,business ,savings ,accounts4 4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4