,i #aafth ,,congress #ast ,session ,h4 ,r4 #djjb ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjai,mr4 ,buchanan 7for himself and ,mr4 ,suozzi7 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 for flexible giving accounts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,everyday ,philanthropist ,act4 #b4 ,flexible giving accounts 7a7 ,in general ,subsection 7a7 of section #acb of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of paragraph 7#g71 by striking the period at the end of paragraph 7#h7 and inserting 1 or1 and by inserting after paragraph 7#h7 the following3 7#i7 flexible giving account4 4 7b7 ,flexible giving account ,section #acb of such ,code is amended by redesignating subsection 7o7 as subsection 7p7 and by inserting after subsection 7n7 the following3 7o7 ,flexible giving account 7#a7 ,in general 7,a7 ,flexible giving account ,for purposes of this subsection1 a flexible giving account is an account under an arrangement which is a separate written plan of an employer for the exclusive benefit of all eligible employees under which-- 7i7 an employee may elect-- 7,i7 to receive a reduction in compensation and have the employer deposit the amount of the reduction in a flexible giving account of the electing employee1 and 7,,ii7 before the reduction under subclause 7,i71 to designate one or more entities to which distributions are to be made from the account1 7ii7 the employer1 as soon after the deposit under clause 7i77,i7 as practicable1 makes the disbursements designated under clause 7i71 7iii7 the employer provides reasonable notification of the availability and terms of the arrangement to all eligible employees1 7iv7 the employer maintains a separate flexible giving account on behalf of each employee for whom an election is in effect clause 7i71 and 7v7 the employer agrees to furnish to each participating employee1 on or before ,january #ca of each year1 a written accounting of the employee's flexible giving account showing deposits and disbursements during the previous calendar year4 7,b7 ,maximum reduction ,the amount of a reduction under subparagraph 7,a7 for a taxable year shall not exceed #b1gjj4 7#b7 ,eligible employee ,for purposes of this subsection-- 7,a7 ,in general 7i7 ,eligible employee ,the term eligible employee means1 with respect to a flexible giving account1 any employee who is not a highly compensated or key employee and who is eligible to participate in the arrangement4 7ii7 ,highly compensated employee ,the term highly compensated employee has the meaning given such term by section #dad7q74 7iii7 ,key employee ,the term key employee has the meaning given such term by section #daf7;i74 7,b7 ,certain employees may be excluded ,for purposes of subparagraph 7,a71 an employer may elect to exclude under the arrangement described in paragraph 7#a7 any employee who-- 7i7 has not attained the age of #ba before the close of a plan year of the arrangement1 7ii7 has less than #a year of service with the employer as of any day during the plan year1 and 7iii7 is described in section #daj7;b77#c77;,c7 7relating to nonresident aliens working outside the ,united ,states74 7,c7 ,shorter service period2 younger age ,an arrangement may provide a shorter period of service or younger age for purposes of subparagraph 7,b74 7#c7 ,tax treatment of distributions 7,a7 ,in general ,any distribution from a flexible giving account shall be includible in the gross income of the distributee in the manner as provided in section #gb4 7,b7 ,exception for charitable contributions 7i7 ,in general ,subparagraph 7,a7 shall not apply to any distribution which is a charitable contribution made pursuant to paragraph 7#a74 7ii7 ,coordination with section #agj ,distributions from the flexible giving account of an employee-- 7,i7 shall be treated as a charitable contribution of the employee1 7,,ii7 shall not be taken into account under section #agj7;a7 7relating to allowance of deduction71 but 7,,iii7 shall be taken into account under section #agj7;b7 7relating to percentage limitation74 7,c7 ,additional tax for distributions not used for charitable purposes ,the tax imposed by this chapter for any taxable year on any taxpayer from whose flexible giving account a distribution is made that is includible in gross income shall be increased by #bj percent of the amount which is so includible4 7,d7 ,identifying information ,no distribution shall be excluded from the gross income under subparagraph 7,b7 unless the taxpayer provides on the return of tax the name and address of the entity to whom the distribution is made4 ,in the case of a failure to provide the information required by the preceding sentence1 the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required4 7#d7 ,charitable contribution ,for purposes of this section1 the term charitable contribution has the meaning given such term by section #agj7;c71 except that such term irrevocable transfers of funds and not just a pledges or agreement to make a transfer in the future4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4