House
File
2470
-
Introduced
HOUSE
FILE
2470
BY
BERGAN
A
BILL
FOR
An
Act
relating
to
the
Iowa
first-time
homebuyer
savings
1
account
program,
and
including
effective
date
and
2
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5890YH
(4)
87
mm/jh
H.F.
2470
Section
1.
Section
422.7,
subsection
41,
paragraphs
a
and
b,
1
Code
2018,
are
amended
to
read
as
follows:
2
a.
Subject
to
the
restrictions
in
paragraph
“b”
,
subtract
3
the
sum
of
the
following
amounts:
4
(1)
(a)
The
amount
of
contributions
made
by
an
account
5
holder
during
the
tax
year
to
the
account
holder’s
first-time
6
homebuyer
savings
accounts,
not
to
exceed
the
following
annual
7
limit
:
8
(a)
(i)
For
married
taxpayers
who
file
a
joint
return
and
9
maintain
a
joint
first-time
homebuyer
savings
account,
four
10
thousand
dollars.
11
(ii)
For
any
other
account
holder,
of
two
thousand
dollars.
12
(b)
For
the
tax
year
beginning
in
the
2018
calendar
year
13
and
for
each
subsequent
tax
year,
the
director
shall
multiply
14
each
the
dollar
amount
set
forth
in
subparagraph
division
15
(a)
,
subparagraph
subdivisions
(i)
and
(ii),
by
the
latest
16
cumulative
inflation
factor,
shall
round
off
the
resulting
17
product
to
the
nearest
one
dollar,
and
shall
incorporate
the
18
result
into
the
income
tax
forms
and
instructions
for
each
tax
19
year.
For
purposes
of
this
subparagraph
division,
“cumulative
20
inflation
factor”
means
the
product
of
the
annual
inflation
21
factor
for
the
2018
calendar
year
and
all
annual
inflation
22
factors
for
subsequent
calendar
years
as
determined
by
section
23
422.4,
subsection
1
,
paragraph
“a”
.
The
cumulative
inflation
24
factor
applies
to
all
tax
years
beginning
on
or
after
January
25
1
of
the
calendar
year
for
which
the
latest
annual
inflation
26
factor
has
been
determined.
Notwithstanding
any
other
27
provision,
the
annual
inflation
factor
for
the
2018
calendar
28
year
is
one
hundred
percent.
29
(2)
To
the
extent
included,
income
from
interest
received
30
from
the
account
holder’s
first-time
homebuyer
savings
31
accounts.
32
b.
(1)
The
subtraction
in
paragraph
“a”
shall
not
exceed
33
the
following
aggregate
lifetime
limit
:
34
(a)
For
married
taxpayers
who
file
a
joint
return
and
35
-1-
LSB
5890YH
(4)
87
mm/jh
1/
6
H.F.
2470
maintain
a
joint
first-time
homebuyer
savings
account,
an
1
amount
equal
to
the
product
of
the
deductible
amount
determined
2
for
the
year
in
paragraph
“a”
,
subparagraph
(1),
subparagraph
3
division
(a),
subparagraph
subdivision
(i),
multiplied
by
ten.
4
(b)
For
any
other
account
holder,
an
amount
equal
to
the
5
product
of
the
deductible
amount
determined
for
the
year
in
6
which
the
first-time
homebuyer
savings
account
is
first
opened
7
as
calculated
in
paragraph
“a”
,
subparagraph
(1),
subparagraph
8
division
(a),
subparagraph
subdivision
(ii),
multiplied
by
ten.
9
(2)
The
subtraction
in
paragraph
“a”
shall
not
be
allowed
to
10
an
account
holder
upon
one
of
the
following
dates,
whichever
11
occurs
first:
12
(a)
January
1
of
the
tenth
calendar
year
after
the
calendar
13
year
during
which
the
account
holder
first
opened
a
first-time
14
homebuyer
savings
account.
15
(b)
The
date
on
which
funds
within
an
account
holder’s
16
first-time
homebuyer
savings
account
are
withdrawn
for
purposes
17
other
than
the
payment
or
reimbursement
of
the
designated
18
beneficiary’s
eligible
home
costs
in
connection
with
a
19
qualified
home
purchase.
Any
amount
transferred
between
20
different
first-time
homebuyer
savings
accounts
of
the
same
21
account
holder
by
a
person
other
than
the
account
holder
22
shall
not
be
considered
a
withdrawal
for
purposes
of
this
23
subparagraph
division
(b).
24
Sec.
2.
Section
422.7,
subsection
41,
paragraph
c,
25
subparagraph
(1),
Code
2018,
is
amended
to
read
as
follows:
26
(1)
Add,
to
the
extent
previously
deducted
under
paragraph
27
“a”
,
subparagraph
(1),
the
amount
withdrawn
during
the
tax
year
28
from
an
account
holder’s
first-time
homebuyer
savings
account
29
for
purposes
other
than
the
payment
or
reimbursement
of
the
30
designated
beneficiary’s
eligible
home
costs
in
connection
with
31
a
qualified
home
purchase.
32
Sec.
3.
Section
541B.2,
subsection
3,
Code
2018,
is
amended
33
to
read
as
follows:
34
3.
“Designated
beneficiary”
means
an
individual
meeting
the
35
-2-
LSB
5890YH
(4)
87
mm/jh
2/
6
H.F.
2470
requirements
of
section
541B.3,
subsection
2
,
and
a
first-time
1
homebuyer
designated
by
an
account
holder
as
beneficiary
of
the
2
account
holder’s
first-time
homebuyer
savings
account
pursuant
3
to
section
541B.3,
subsection
2
.
4
Sec.
4.
Section
541B.2,
subsection
6,
unnumbered
paragraph
5
1,
Code
2018,
is
amended
to
read
as
follows:
6
“First-time
homebuyer”
means
an
individual
who
is
a
resident
7
of
Iowa
and
who
does
not
own,
either
individually
or
jointly,
a
8
single-family
or
multifamily
residence,
and
who
has
not
owned
9
or
purchased,
either
individually
or
jointly,
a
single-family
10
or
multifamily
residence
for
a
period
of
three
years
prior
to
11
all
of
the
following:
12
Sec.
5.
Section
541B.2,
subsections
7
and
11,
Code
2018,
are
13
amended
to
read
as
follows:
14
7.
“First-time
homebuyer
savings
account”
means
an
account
15
that
constitutes
a
savings
deposit
as
defined
12
C.F.R.
16
§204.2(d),
that
meets
the
requirements
of
sections
541B.3
and
17
541B.4
,
and
that
was
established
for
the
purpose
of
paying
or
18
reimbursing
a
designated
beneficiary’s
eligible
home
costs
in
19
connection
with
a
qualified
home
purchase.
20
11.
“Single-family
residence”
means
a
single-family
21
residence
owned
and
occupied
as
defined
in
section
562A.6,
22
a
manufactured
home,
mobile
home,
condominium
unit,
or
23
cooperative
that
is
purchased
by
a
designated
beneficiary
and
24
will
be
owned
and
occupied
as
the
designated
beneficiary’s
25
principal
residence
,
including
but
not
limited
to
a
26
manufactured
home,
mobile
home,
condominium
unit,
or
27
cooperative
within
ninety
days
of
the
closing
date
.
28
Sec.
6.
Section
541B.3,
subsection
1,
Code
2018,
is
amended
29
to
read
as
follows:
30
1.
Establishment
of
account.
31
a.
Beginning
January
1,
2018,
an
individual
may
open
an
32
interest-bearing
savings
account
with
a
financial
institution
33
and
designate
the
entire
account
as
a
first-time
homebuyer
34
savings
account
for
the
purpose
of
paying
or
reimbursing
a
35
-3-
LSB
5890YH
(4)
87
mm/jh
3/
6
H.F.
2470
designated
beneficiary’s
eligible
home
costs
in
connection
with
1
a
qualified
home
purchase.
The
first-time
homebuyer
savings
2
account
designation
shall
be
made
no
later
than
April
30
the
3
last
day
of
the
fourth
month
after
the
expiration
of
the
year
4
following
the
tax
year
during
which
the
account
is
opened,
on
5
forms
provided
by
the
department.
6
b.
A
married
couple
electing
to
file
a
joint
Iowa
individual
7
income
tax
return
may
establish
a
joint
first-time
homebuyer
8
savings
account.
Married
taxpayers
electing
to
file
separate
9
tax
returns
or
separately
on
a
combined
tax
return
for
Iowa
tax
10
purposes
shall
not
establish
or
maintain
a
joint
first-time
11
homebuyer
savings
account.
12
c.
b.
An
individual
may
establish
more
than
one
first-time
13
homebuyer
savings
account,
provided
each
account
has
a
14
different
designated
beneficiary.
15
Sec.
7.
Section
541B.3,
subsection
2,
paragraph
a,
Code
16
2018,
is
amended
to
read
as
follows:
17
a.
The
account
holder
shall
designate
one
individual
as
18
beneficiary
of
the
first-time
homebuyer
savings
account.
The
19
designation
shall
be
made
on
forms
provided
by
the
department
20
and
filed
with
the
department
no
later
than
April
30
of
the
21
year
following
the
last
day
of
the
fourth
month
after
the
22
expiration
of
the
tax
year
during
which
the
account
is
opened.
23
The
account
holder
may
change
the
designated
beneficiary
of
the
24
first-time
homebuyer
savings
account
at
any
time.
25
Sec.
8.
Section
541B.4,
subsection
3,
Code
2018,
is
amended
26
to
read
as
follows:
27
3.
Required
reports.
The
account
holder
shall
submit
the
28
following
information
to
the
department:
29
a.
An
annual
report
for
the
first-time
homebuyer
savings
30
account
on
forms
furnished
by
the
department.
The
report
shall
31
be
included
with
the
Iowa
income
tax
return
of
the
account
32
holder.
33
b.
A
copy
of
the
federal
internal
revenue
service
form
34
1099,
or
other
similar
federal
internal
revenue
service
income
35
-4-
LSB
5890YH
(4)
87
mm/jh
4/
6
H.F.
2470
reporting
form,
if
any,
issued
for
the
first-time
homebuyer
1
savings
account
to
the
account
holder
by
the
financial
2
institution
where
the
account
is
held.
The
form
shall
be
3
included
with
the
Iowa
income
tax
return
of
the
account
holder.
4
c.
b.
Upon
a
withdrawal
of
funds
from
a
first-time
5
homebuyer
savings
account,
a
transaction
report
on
forms
6
furnished
by
the
department.
7
Sec.
9.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
8
importance,
takes
effect
upon
enactment.
9
Sec.
10.
RETROACTIVE
APPLICABILITY.
This
Act
applies
10
retroactively
to
January
1,
2018,
for
tax
years
beginning
on
11
or
after
that
date.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
makes
numerous
changes
to
the
Iowa
first-time
16
homebuyer
savings
account
program
in
Code
chapter
541B
17
(program).
18
The
bill
removes
the
requirement
that
a
first-time
homebuyer
19
be
a
resident
of
Iowa.
The
bill
modifies
the
definition
of
20
“first-time
homebuyer
savings
account”
under
the
program
to
21
provide
that
the
account
must
constitute
a
savings
deposit
22
as
that
term
is
defined
for
purposes
of
the
federal
reserve
23
system.
The
bill
modifies
the
definition
of
“single-family
24
residence”
under
the
program
to
include
a
reference
to
the
25
definition
of
“single-family
residence”
under
the
uniform
26
residential
landlord
and
tenant
law
(Code
chapter
562A),
and
to
27
require
that
the
single-family
residence
be
owned
and
occupied
28
by
the
designated
beneficiary
within
90
days
of
the
closing
29
date.
30
The
bill
strikes
the
ability
of
a
married
couple
filing
joint
31
individual
income
tax
returns
to
establish
and
maintain
a
joint
32
first-time
homebuyer
savings
account
(account).
33
The
bill
modifies
various
deadlines
for
filing
forms
and
34
making
designations
under
the
program
from
April
30
of
the
year
35
-5-
LSB
5890YH
(4)
87
mm/jh
5/
6
H.F.
2470
following
the
year
the
account
is
opened,
to
the
last
day
of
1
the
fourth
month
after
the
expiration
of
the
tax
year
during
2
which
the
account
is
opened.
3
The
bill
strikes
the
requirement
that
an
annual
report
for
4
an
account
be
included
with
the
account
holder’s
Iowa
income
5
tax
return,
and
further
strikes
a
requirement
that
an
account
6
holder
submit
a
copy
of
the
federal
internal
revenue
service
7
form
1099
related
to
an
account
with
the
account
holder’s
Iowa
8
income
tax
return.
9
Finally,
the
bill
makes
changes
to
the
income
tax
benefits
10
related
to
contributions
to
and
earnings
from
an
account.
11
Under
current
law,
account
holders
are
allowed
a
deduction
12
for
the
first
$2,000
of
contributions
made
to
an
account
13
during
a
tax
year,
and
that
$2,000
annual
limit
is
indexed
to
14
inflation
and
increased
each
tax
year.
Current
law
also
sets
a
15
lifetime
limit
on
the
total
amount
of
contributions
that
may
be
16
deductible
on
an
account
holder’s
income
tax
return
equal
to
10
17
times
the
annual
contribution
limit
determined
for
the
year.
18
The
bill
modifies
this
lifetime
limit
by
setting
it
as
an
19
amount
equal
to
10
times
the
annual
contribution
limit
for
the
20
year
in
which
the
account
is
first
opened
by
an
account
holder.
21
Also
under
current
law,
previously
deducted
account
22
contributions
are
added
back
to
income,
and
thus
taxable,
to
23
the
extent
the
amounts
are
later
withdrawn
from
an
account
24
for
purposes
other
than
the
payment
or
reimbursement
of
a
25
designated
beneficiary’s
eligible
home
costs
under
the
program.
26
The
bill
specifies
that
this
add-back
requirement
also
applies
27
to
previously
deducted
interest
earned
on
the
account.
28
The
bill
takes
effect
upon
enactment
and
applies
29
retroactively
to
January
1,
2018,
for
tax
years
beginning
on
30
or
after
that
date.
31
-6-
LSB
5890YH
(4)
87
mm/jh
6/
6