,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gdbb ,,in ,,the ,,house ,,of ,,representatives ,february #i1 #bjbf,mrs4 ,cammack 7for herself and ,mr4 ,moylan7 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 allow the establishment of first-time homebuyer savings accounts4 #a4 ,short title ,this ,act may be cited as the ,next-,generation ,equity ,savings ,tool ,act or the ,,nest ,act4 #b4 ,first-time homebuyer savings account 7a7 ,in general ,part ,,vii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #bbc the following new section3 #bbc;,a4 ,first-time homebuyer savings account 7a7 ,deduction allowed ,in the case of an account beneficiary1 there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a first-time homebuyer savings account of such individual4 7b7 ,definitions and special rules ,for purposes of this section-- 7#a7 ,first-time homebuyer savings account ,the term first-time homebuyer savings account means a trust created or organized in the ,united ,states exclusively for the purpose of paying the qualified home ownership expenses of the account beneficiary 7and designated as a first-time homebuyer savings 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-- 7i7 if the account beneficiary had an ownership interest in a principal residence at any time during the #c-year period ending on the date of the contribution1 7ii7 if such contribution would result in lifetime aggregate contributions to the account exceeding the ,state threshold amount1 7iii7 unless it is in cash1 or 7iv7 except in the case of rollover contributions1 if such contribution would result in aggregate contributions to the account for the taxable year exceeding the amount in effect under subsection 7b77#a77;,b74 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 section4 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 7,e7 ,the account beneficiary has attained the age of #ah4 7#b7 ,state threshold amount ,the term ,state threshold amount means #bj percent of the median home sale price in the ,state in which such account is established4 7#c7 ,qualified home ownership expenses ,the term qualified home ownership expenses means costs to acquire1 construct1 or reconstruct a residence1 including a down payment1 financing1 or other closing costs relating to the purchase1 if such residence is the primary residence of the account beneficiary of a first-time homebuyer savings account and such account beneficiary is a first-time homebuyer 7as defined in section #cf7;c77 with respect to such purchase4 7#d7 ,account beneficiary ,the term account beneficiary means the individual on whose behalf the first-time homebuyer savings account is established4 7#e7 ,certain rules to apply ,rules similar to the following rules shall apply for purposes of this section3 7,a7 ,section #bai7;d77#b7 7relating to no deduction for rollovers74 7,b7 ,section #bai7;f77#c7 7relating to time when contributions deemed made74 7,c7 ,section #bai7;f77#e7 7relating to employer payments74 7,d7 ,section #djh7;g7 7relating to community property laws74 7c7 ,tax treatment of accounts 7#a7 ,in general ,a first-time homebuyer savings account is exempt from taxation under this subtitle unless such account has ceased to be a first-time homebuyer 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 7#b7 ,account terminations 7,a7 ,acquisition of principal residence ,if the account beneficiary acquires an ownership interest in a principal residence-- 7i7 each first-time homebuyer savings account of such beneficiary shall cease to be a first-time homebuyer savings account as of the close of the #fj-;day period beginning on the date of such acquisition1 and 7ii7 the balance of such account as of such date shall be treated as distributed to such beneficiary4 7,b7 ,prohibited transactions1 etc ,rules similar to the rules of paragraphs 7#b7 and 7#d7 of section #djh7;e7 shall apply to any first-time homebuyer savings account1 and any amounts treated as distributed under such rules shall be treated as not used to pay qualified home ownership expenses4 7d7 ,tax treatment of distributions 7#a7 ,amounts used for qualified home ownership expenses ,any amount paid or distributed out of a first-time homebuyer savings account which is used exclusively to pay qualified home ownership expenses of any account beneficiary shall not be includible in gross income4 7#b7 ,inclusion of amounts not used for qualified home ownership expenses ,any amount paid or distributed out of a first-time homebuyer savings account which is not used exclusively to pay the qualified home ownership expenses of the account beneficiary shall be included in the gross income of such beneficiary4 7#c7 ,excess contributions returned before due date of return 7,a7 ,in general ,if any excess contribution is contributed for a taxable year to any first-time homebuyer savings account of an individual1 paragraph 7#b7 shall not apply to distributions from the first-time homebuyer savings accounts of such individual 7to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year7 if-- 7i7 such distribution is received by the individual on or before the last day prescribed by law 7including extensions of time7 for filing such individual's return for such taxable year1 and 7ii7 such distribution is accompanied by the amount of net income attributable to such excess contribution4 ,any net income described in clause 7ii7 shall be included in the gross income of the individual for the taxable year in which it is received4 7,b7 ,excess contribution ,for purposes of subparagraph 7,a71 the term excess contribution means any contribution 7other than a rollover contribution described in paragraph 7#e77 which is neither excludable from gross income under section #aci;,j nor deductible under this section4 7#d7 ,additional tax for distributions not used for home ownership expenses 7,a7 ,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 savings account which is includible in gross income shall be increased by #bj percent of the amount which is so includible4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply if the payment or distribution is made to the account beneficiary 7or to the estate of such account beneficiary7 on or after the death of such account beneficiary4 7#e7 ,rollover contribution ,an amount is described in this paragraph as a rollover contribution if it meets the following requirements3 7,a7 ,in general ,paragraph 7#b7 shall not apply to any amount paid or distributed from a first-time homebuyer savings account to the account beneficiary to the extent the amount received is paid into a first-time homebuyer savings account for the benefit of such beneficiary not later than the #fjth day after the day on which the beneficiary receives the payment or distribution4 7,b7 ,limitation ,this paragraph shall not apply to any amount described in subparagraph 7,a7 received by an individual from a first-time homebuyer savings account if1 at any time during the #a-year period ending on the day of such receipt1 such individual received any other amount described in subparagraph 7,a7 from a first-time homebuyer savings account which was not includible in the individual's gross income because of the application of this paragraph4 7#f7 ,special rules for death and divorce ,rules similar to the rules of paragraphs 7#g7 and 7#h7 of section #bbc7;f7 shall apply for purposes of this section4 7#g7 ,disallowance of excluded amounts as deduction1 credit1 or exclusion ,no deduction1 credit1 or exclusion shall be allowed to the taxpayer under any other section of this chapter for any qualified home ownership expenses to the extent taken into account in determining the amount of the exclusion under paragraph 7#a74 7e7 ,contribution limit adjustment 7#a7 ,in general ,except as provided in paragraph 7#b71 in the case of any taxable year beginning after #bjbe1 the ,secretary1 after consultation with the ,secretary of ,housing and ,urban ,development1 shall adjust the ,state threshold amount for each ,state to reflect the median home price in each such ,state using the most recent data available to the ,secretary4 7#b7 ,limit may not be lowered ,the adjustment described in paragraph 7#a7 may only be used to increase the ,state threshold amount for a ,state4 7f7 ,reports 7#a7 ,in general ,the trustee of a first-time homebuyer savings account shall make such reports regarding such account to the ,secretary and to the account beneficiary with respect to contributions1 distributions1 and such other matters as the ,secretary may require4 ,the reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required4 7#b7 ,rollover distributions ,in the case of any distribution described in subsection 7e77#e71 the officer or employee having control of the first-time homebuyer savings account 7or their designee7 shall provide a report to the trustee of the first-time homebuyer savings account to which the distribution is made4 ,such report shall be filed at such time and in such manner as the ,secretary may require and shall include information with respect to the contributions1 distributions1 and earnings of the first-time homebuyer savings account as of the date of the distribution described in such subsection1 together with such other matters as the ,secretary may require4 4 7b7 ,deduction allowed above the line ,section #fb7;a7 of such ,code is amended by inserting after paragraph 7#ba7 the following new paragraph3 7#bb7 ,first-time homebuyer savings accounts ,the deduction allowed by section #bbc;,a4 4 7c7 ,exclusions for employer contributions to first-,time homebuyer savings accounts 7#a7 ,exclusion from income tax 7,a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after section #aci;,i the following new section3 #aci;,j4 ,first-time homebuyer savings account contributions ,in the case of an account beneficiary 7as defined in section #bbc;,a7c77#c771 gross income does not include amounts contributed by such account beneficiary's employer to any first-time homebuyer savings account 7as defined in section #bbc;,a7c77#a77 of such account beneficiary4 4 7,b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after the item relating to section #aci;,i the following new item3 ,sec4 #aci;,j4 ,first-time homebuyer savings account contributions4 4 7#b7 ,exclusion from employment taxes 7,a7 ,social security taxes 7i7 ,in general ,section #caba7;a7 is amended by striking or at the end of paragraph 7#bb77;,b71 by striking the period at the end of paragraph 7#bc7 and inserting 1 or1 and by inserting after paragraph 7#bc7 the following new paragraph3 7#bd7 any payment made to or for the benefit of an employee if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section #aci;,j4 4 7ii7 ,conforming amendment to ,social ,security ,act ,section #bji7;a7 of the ,social ,security ,act is amended by striking or at the end of paragraph 7#ai71 by striking 74 at the end of paragraph 7#bj7 and inserting 2 or1 and by inserting after paragraph 7#bj7 the following new paragraph3 7#ba7 any reimbursement which is excludable from gross income under section #aci;,j of the ,internal ,revenue ,code of #aihf4 4 7,b7 ,railroad retirement tax ,section #cbca7;e7 of such ,code is amended by adding at the end the following new paragraph3 7#ac7 ,first-time homebuyer savings account contributions ,the term #8compensation' shall not include any payment made to or for the benefit of an employee if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section #aci;,j4 4 7,c7 ,unemployment tax ,section #ccjf7;b7 of such ,code is amended by striking or at the end of paragraph 7#ai77;,b71 by striking the period at the end of paragraph 7#bj7 and inserting 2 or1 and by inserting after paragraph 7#bj7 the following new paragraph3 7#ba7 any payment made to or for the benefit of an employee if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section #aci;,j4 4 7,d7 ,withholding tax ,section #cdja7;a7 of such ,code is amended by striking or at the end of paragraph 7#bb71 by striking the period at the end of paragraph 7#bc7 and inserting 2 or1 and by inserting after paragraph 7#bc7 the following new paragraph3 7#bd7 any payment made to or for the benefit of an employee if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section #aci;,j4 4 7#c7 ,employer contributions required to be shown on ,w-#b ,section #fjea7;a7 of such ,code is amended by striking and at the end of paragraph 7#af71 by striking the period at the end of paragraph 7#ag7 and inserting 1 and1 and by inserting after paragraph 7#ag7 the following new paragraph3 7#ah7 the amount contributed to any first-time homebuyer savings account 7as defined in section #bbc;,a7c77#a77 of such employee4 4 7d7 ,tax on 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 savings account 7within the meaning of section #bbc;,a74 4 7#b7 ,excess contribution ,section #digc of such ,code is amended by adding at the end the following new subsection3 7i7 ,excess contributions to first-,time homebuyer savings account ,for purposes of this section1 in the case of first-time homebuyer savings accounts 7as defined in section #bbc;,a71 the term excess contributions means the sum of-- 7#a7 the aggregate amount contributed for the taxable year to first-time homebuyer savings accounts 7other than a rollover contribution contributed under section #bbc;,a7e77#d7 or 7#f77 which is neither excludable from gross income under section #aci;,j nor allowable as a deduction under section #bbc;,a for such year1 plus 7#b7 the amount determined under this subsection for the preceding taxable year1 reduced by the sum of-- 7,a7 the distribution out of the first-time homebuyer savings accounts which were included in gross income under section #bbc;,a7e77#a71 plus 7,b7 the excess 7if any7 of-- 7i7 the maximum amount allowable as a deduction under section #bbc;,a7b7 7determined without regard to section #aci;,j7 for the taxable year1 over 7ii7 the amount contributed to first-time homebuyer savings accounts for the taxable year4 ,for purposes of this subsection1 any contribution which is distributed out of the first-time homebuyer savings account in a distribution to which section #bbc;,a7e77#d77;,c7 applies shall be treated as an amount not contributed4 4 7e7 ,tax on prohibited transactions 7#a7 ,section #dige7;c7 of such ,code is amended by adding at the end the following new paragraph3 7#h7 ,special rule for first-time homebuyer savings accounts ,an individual for whose benefit a first-time homebuyer savings account 7within the meaning of section #bbc;,a7c77 is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account 7which would otherwise be taxable under this section7 if1 with respect to such transaction1 the account ceases to be a first-time homebuyer savings account by reason of the application of section #bbc7;d77#b7 to such account4 4 7#b7 ,section #dige7;e77#a7 of such ,code is amended by striking or at the end of subparagraph 7,f71 by redesignating subparagraph 7,g7 as subparagraph 7,h71 and by inserting after subparagraph 7,f7 the following new subparagraph3 7,g7 a first-time homebuyer savings account described in section #bbc;,a7c74 4 7f7 ,penalty for failure ,to file reports ,section #ffic7;a77#b7 of such ,code is amended by striking and at the end of subparagraph 7,e71 by striking the period at the end of subparagraph 7,f7 and inserting 1 and1 and by inserting after subparagraph 7,f7 the following new subparagraph3 7,g7 ,section #bbc;,a7g7 7relating to first-time homebuyer savings accounts74 4 7g7 ,conforming amendments 7#a7 ,section #bf7;b77#b7 of such ,code is amended by striking and at the end of subparagraph 7,y71 by striking the period at the end of subparagraph 7,z7 and inserting 1 and1 and by inserting after subparagraph 7,z7 the following new subparagraph3 7,,aa7 section #bbc;,a7e77#b7 7relating to additional tax on first-time homebuyer savings account not used for qualified home ownership expenses74 4 7#b7 ,section #djh7;e77#b77;ii7 of such ,code is amended by inserting or to a first-time homebuyer savings account under section #bbc;,a7e77#g7 before the period4 7#c7 ,section #ecj7;d77#i77;,a77ii7 of such ,code is amended by inserting 1 to a first-time homebuyer savings account under section #bbc;,a7e77#g71 after section #djh7;e77#b74 7#d7 ,section #hgg;,a of such ,code is amended-- 7,a7 in subsection 7e77#b7 by inserting a first-time homebuyer savings account 7as defined in section #bbc;,a71 after section #bbc711 and 7,b7 in subsection 7g77#f7 by inserting #bbc7;e77#d71 after #ebi;,a7c77#c714 7#e7 ,the table of sections for part ,,vii of subchapter ,b of chapter #a of such ,code is amended by inserting after the item relating to section #bbc the following new item3 ,sec4 #bbc;,a4 ,first-time homebuyer savings account4 4 7h7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbe4