,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bhjb ,,in ,,the ,,house ,,of ,,representatives ,june #g1 #bjag,mr4 ,coffman 7for himself1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 and ,mrs4 ,comstock7 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 provide a tax-preferred savings account for first-time homebuyers4 #a4 ,short title ,this ,act may be cited as the ,first-,time ,homebuyer ,savings ,account ,act of #bjag4 #b4 ,first-time homebuyer account 7a7 ,in general ,subchapter ,f of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new part3 ,,ix ,first-,time homebuyer accounts ,sec4 #ecj;,a4 ,first-time homebuyer account4 #ecj;,a4 ,first-time homebuyer account 7a7 ,in general ,a first-time homebuyer account shall be exempt from taxation under this subtitle4 ,notwithstanding the preceding sentence1 the first-time homebuyer account shall be subject to the taxes imposed by section #eaa 7relating to imposition of tax on unrelated business income of charitable organizations74 7b7 ,first-,time homebuyer account ,the term first-time homebuyer account means a trust created or organized in the ,united ,states exclusively for the purpose of paying the qualified principal residence purchase expenditures of an individual who is the designated beneficiary of the trust 7and designated as a first-time homebuyer account at the time created or organized71 but only if the written governing instrument creating the trust meets the following requirements3 7#a7 ,no contribution will be accepted-- 7,a7 unless it is in cash1 7,b7 except in the case of a rollover contribution1 if such contribution would result in aggregate contributions-- 7i7 for the taxable year exceeding #ad1jjj 7#bjj percent of such amount in effect for the taxable year in the case of individuals who are married1 own a first-time homebuyer account jointly1 and file a joint return for the taxable year71 7ii7 for all taxable years exceeding #ej1jjj1 and 7,c7 if the fair market value of the account to exceeds1 or to the extent such contribution would result in the fair market value of the account exceeding1 #aej1jjj4 7#b7 ,the trustee is a bank 7as defined in section #djh7n77 or another person who demonstrates to the satisfaction of the ,secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any individual retirement plan4 7#c7 ,no part of the trust assets will be invested in life insurance contracts4 7#d7 ,the assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund4 7c7 ,qualified principal residence purchase expenditures ,for purposes of this section-- 7#a7 ,in general ,the term qualified principal residence purchase expenditures means1 with respect to a designated beneficiary who is a first-time homebuyer-- 7,a7 any amount paid toward the purchase price of a principal residence of the beneficiary1 7,b7 any amount required to be paid to settle the purchase of such residence1 and 7,c7 any amount required to be paid by the beneficiary to obtain acquisition indebtedness with respect to such residence4 7#b7 ,purchase price ,the term purchase price means the adjusted basis of the residence on the date such residence is purchased4 7d7 ,tax treatment 7#a7 ,distributions 7,a7 ,in general ,if distributions from a first-time homebuyer account for the taxable year do not exceed the qualified principal residence purchase expenditures of the designated beneficiary for the taxable year1 no amount shall be includible in gross income4 7,b7 ,distributions in excess of expenditures ,if such distributions exceed such expenditures for the taxable year1 such distributions shall be includible in the gross income of the distributee in the manner as provided in section #gb 7to the extent not excluded from gross income under any other provision of this chapter71 reduced by an amount which bears the same ratio to the amount otherwise so includible as such expenses bear to such distributions4 7,c7 ,additional tax for distributions not used for first-time homebuyer purposes 7i7 ,in general ,the tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from a first-time homebuyer account which is includible in gross income shall be increased by the applicable percentage of the amount which is so includible4 7ii7 ,applicable percentage ,for purposes of clause 7i71 the applicable percentage is-- 7,i7 in the case of a payment or distribution made not later than #aj years after the date of the first contribution to the account1 #e percent1 and 7,,ii7 in the case of any other payment or distribution1 #aj percent4 7iii7 ,exceptions ,clause 7i7 shall not apply if the payment or distributions-- 7,i7 is made to a beneficiary 7or to the estate of the designated beneficiary7 on or after the death of the designated beneficiary1 7,,ii7 is attributable to the designated beneficiary's being disabled 7within the meaning of section #gb7m77#g771 or 7,,iii7 are made under rules similar to the rules under section #djh7;d77#d7 7relating to contributions returned before due date of return74 7,d7 ,rollovers ,subparagraph 7,a7 shall not apply to any amount paid or distributed from a first-time homebuyer account to the extent that the amount received is paid1 not later than the #fjth day after the date of such payment or distribution1 into another first-time homebuyer account for the benefit of the same beneficiary4 ,the preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the #ab-month period ending on the date of the payment or distribution4 7,e7 ,change in beneficiary ,any change in the beneficiary of a first-time homebuyer account shall not be treated as a distribution for purposes of subparagraph 7,a74 7,f7 ,disallowance of excluded amounts as deduction1 credit1 or exclusion ,no deduction1 credit1 or exclusion shall be allowed to the taxpayer under any other section for any qualified principal residence purchase expenditures to the extent taken into account in determining the amount of the exclusion under this paragraph4 7#b7 ,estate and gift tax with respect to the account ,rules similar to the rules of paragraphs 7#b71 7#d71 and 7#e7 of section #ebi7;c7 shall apply for purposes of this section4 7#c7 ,tax treatment after death of account holder 7,a7 ,jointly held accounts ,in the case of a first-time homebuyer account which was jointly held by spouses1 if the surviving spouse acquires the deceased spouse's interest in a first-time homebuyer account by reason of being the designated beneficiary of such account at the death1 such account shall be treated as if the spouse were the sole account holder4 7,b7 ,other cases 7i7 ,in general ,if1 by reason of the death of the account holder1 any person acquires the account holder's interest in an first-time homebuyer account in a case to which subparagraph 7,a7 does not apply-- 7,i7 such account shall cease to be a first-time homebuyer account as of the date of death1 and 7,,ii7 an amount equal to the fair market value of the assets in such account on such date shall be includible if such person is not the estate of such holder1 in such person's gross income for the taxable year which includes such date1 or if such person is the estate of such holder1 in such holder's gross income for the last taxable year of such holder4 7ii7 ,deduction for estate taxes ,an appropriate deduction shall be allowed under section #fia7;c7 to any person 7other than the decedent or the decedent's spouse7 with respect to amounts included in gross income under clause 7i74 7e7 ,other definitions and special rules ,for purposes of this section-- 7#a7 ,first-time homebuyer 7,a7 ,in general ,the term first-time homebuyer means any individual if such individual 7and if married1 such individual's spouse7 has had no present ownership interest in a principal residence4 7,b7 ,special rule for divorced individuals ,any individual who is divorced and is not described in subparagraph 7,a7 shall be treated as a first-time homebuyer for purposes of this section if such individual had no present ownership interest in a principal residence since such individual's most recent divorce and during the #c-year period ending on the date of the purchase of the principal residence with respect to which payments from a first-time homebuyer account are made under this section4 7#b7 ,principal residence ,the term principal residence has the same meaning as when used in section #aba4 7#c7 ,designated beneficiary ,the term designated beneficiary means-- 7,a7 the individual designated at the commencement of the first-time homebuyer account as the beneficiary of amounts paid 7or to be paid7 to the account1 or 7,b7 in the case of a change in beneficiaries described in subsection 7d77#a77;,c71 the individual who is the new beneficiary4 7#d7 ,account ownership ,except in the case of individuals who are married1 an account may be owned by only one individual and may only have one designated beneficiary4 7#e7 ,cost-of-living adjustment ,in the case of any taxable year beginning in a calendar year after #bjah1 the dollar amounts under subsection 7b77#a7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjag for calendar year #aiib in subparagraph 7,b7 thereof4 ,if any amount after adjustment under the preceding sentence is not a multiple of #ajj1 such amount shall be rounded to the next lower multiple of #ajj4 4 7b7 ,excess contributions 7#a7 ,in general ,section #digc7;a7 of such ,code is amended by striking or at the end of paragraph 7#e71 by inserting or at the end of paragraph 7#f71 and by inserting after paragraph 7#f7 the following new paragraph3 7#g7 a first-time homebuyer account 7within the meaning of section #ecj;,a71 4 7#b7 ,excess contributions ,section #digc of such ,code is amended by adding at the end the following new subsection3 7i7 ,excess contributions to first-,time homebuyer account ,in the case of a first-time homebuyer account1 the term excess contributions means the amount by which the amount contributed for the taxable year to such account 7other than contributions described in section #ecj;,a7d77#a77;,c77iv7 and 7v77 exceeds the contribution limits under section #ecj;,a7b74 ,for purposes of the preceding sentence1 any contribution which is distributed from the account in a distribution to which section #ecj;,a7d77#a77;,c77iii77,,iii7 applies shall be treated as an amount not contributed4 4 7c7 ,clerical amendment ,the table of parts for subchapter ,f of chapter #a of such ,code is amended by adding at the end the following new item3 ,part ,,ix4 ,first-,time homebuyer accounts 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4