Overview

Title

To amend the Internal Revenue Code of 1986 to provide for Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) accounts.

ELI5 AI

The READY Accounts Act is like a special piggy bank where people can save up to $4,500 a year for home repairs to protect their houses from storms or other natural disasters, and they can save money on their taxes by using this piggy bank. If they use the money for anything else, they have to pay extra taxes as a penalty.

Summary AI

S. 5296, titled the “READY Accounts Act,” aims to amend the Internal Revenue Code to establish Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) accounts. These accounts are designed to help individuals save money specifically for home disaster mitigation and recovery expenses. Contributions to READY accounts are tax-deductible up to $4,500 per year, and the funds can be used for various specified home improvements, like strengthening roofs and installing impact-resistant windows, to help minimize damage from natural disasters. Additionally, any unqualified use of the funds becomes taxable, and there are penalties for excess contributions.

Published

2024-11-12
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-11-12
Package ID: BILLS-118s5296is

Bill Statistics

Size

Sections:
3
Words:
3,881
Pages:
20
Sentences:
83

Language

Nouns: 1,184
Verbs: 239
Adjectives: 253
Adverbs: 10
Numbers: 123
Entities: 117

Complexity

Average Token Length:
4.29
Average Sentence Length:
46.76
Token Entropy:
5.10
Readability (ARI):
25.47

AnalysisAI

Summary of the Bill

The proposed bill, titled the "READY Accounts Act," aims to amend the Internal Revenue Code of 1986 to introduce Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) accounts. These accounts are designed as a financial tool to encourage individuals to save for home disaster preparation and recovery expenses. By permitting a tax deduction of up to $4,500 annually on contributions to these accounts, the bill seeks to incentivize homeowners to proactively manage and mitigate potential damages arising from natural or other disasters. READY accounts would cover expenses related to qualified disaster mitigation measures and recovery costs, offering them tax-exempt status as long as funds are used appropriately.

Significant Issues

One of the major issues with the bill is the potential ambiguity in defining "qualified disaster mitigation measures" and "qualified disaster recovery costs." While the bill provides an extensive list of eligible activities, this could lead to varying interpretations and possible misuse. For instance, some measures might be viewed as homeowner upgrades rather than directly related to disaster mitigation.

The complexity of the bill's language and tax provisions may also present challenges. There's a risk that the average taxpayer might find it difficult to navigate the requirements for establishing and maintaining a READY account, which could result in unintentional non-compliance. Furthermore, there's no specified cap on the administrative fees associated with these accounts, potentially exposing users to excessive costs.

Additionally, the bill outlines an inflation adjustment mechanism for the contribution limit, which involves references to other tax code sections that might be convoluted for those not versed in such legal details. Moreover, requiring certification by a "qualified industry professional" could unintentionally favor certain service providers, thereby limiting competition and access.

Another issue is the restriction that allows only one rollover of account contributions per year, necessitating meticulous record-keeping and potentially leading to tax complications.

Lastly, the bill contains provisions on the handling of accounts after the death of the beneficiary or in the event of divorce, which might complicate estate or financial planning without clear implementation guidelines.

Public Impact

Broadly, the bill aims to promote home disaster preparedness and recovery, thereby increasing community resilience in the face of natural disasters. By providing a tax incentive, the bill could encourage more homeowners to take proactive steps in safeguarding their homes, ultimately reducing the burden on public disaster relief resources.

However, the impact on the general public will depend significantly on the successful translation of the bill's complex provisions into practical tools and guidance. If the process of creating and using a READY account is perceived as cumbersome, its uptake may be limited, mitigating the bill's intended positive effects.

Stakeholder Impact

For homeowners, the READY accounts could provide a crucial financial buffer in the face of unforeseen disasters, effectively reducing personal economic strain in disaster aftermaths. However, they would need to navigate complex requirements and ensure compliance to reap these benefits fully.

Professionals in the home renovation and inspection sectors may see increased demand due to the need for certified disaster mitigation efforts. However, without clear certification criteria, this could lead to market skewing in favor of those already established.

Financial institutions tasked with managing and administering READY accounts might encounter new opportunities but also face the challenge of ensuring clear communication and transparency concerning account management costs.

Government agencies, such as FEMA and the IRS, will likely play a pivotal role in determining eligibility measures and enforcement, necessitating clear guidelines to avert administrative bottlenecks.

Overall, while the intent of the bill is positive, its success hinges on addressing these issues to ensure it serves the wide array of stakeholders equitably.

Financial Assessment

The READY Accounts Act introduces a financial mechanism aiming to help individuals save for home disaster mitigation and recovery expenses. A significant financial component of the bill is the provision allowing individuals to receive a tax deduction of up to $4,500 annually for contributions made to Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) accounts. This deduction aims to incentivize saving for future unforeseen disasters by reducing taxable income, thus providing a financial benefit to taxpayers who plan and prepare for such events.

Concerning the issues raised, the $4,500 contribution limit includes a mechanism for annual inflation adjustment beginning in 2025. This is calculated by referencing the cost-of-living adjustments provided in other sections of the tax code. However, the complexity of these cross-references may confuse taxpayers unfamiliar with such tax details. Such complexity could inadvertently lead to miscalculations regarding contribution limits and potential tax benefits, thereby complicating the use and management of these accounts.

Another financial aspect involves the potential penalties and tax implications connected to the misuse of funds. If funds from a READY account are used for purposes not classified as "qualified home disaster mitigation and recovery expenses," those amounts become taxable. Additionally, there is a 20 percent tax penalty on such distributions. This approach is intended to ensure that the accounts are used for their intended purpose, although it might create significant financial consequences for users who may misinterpret the allowable expenses due to potential ambiguities in those definitions.

Furthermore, the bill's treatment of excess contributions includes provisions for returning these funds before the filing date of the taxpayer's return to avoid penalties. These rules introduce another layer of financial consideration by outlining what constitutes an "excess contribution" and ensuring that any such overages are accounted for. However, the existence of these rules adds another layer of complexity to managing READY accounts, potentially complicating compliance for account holders.

The bill also permits a one-time rollover contribution, with specific prohibitions on additional rollovers within a year. This aspect requires careful planning and tracking on the part of taxpayers to avoid unintended tax liabilities, illustrating the need for comprehensive understanding and possibly professional advice, which might carry additional costs.

Regarding estate planning and transitions of account ownership, the bill addresses the treatment of READY accounts upon the account beneficiary's death. If inherited by the spouse, the account is simply transferred; otherwise, it ceases to be a READY account, with the fair market value included in gross income, thus creating potential tax burdens for heirs. This financial implication imposes additional consideration on estate planning, requiring beneficiaries to navigate these transitions carefully to avoid unexpected taxes.

Overall, while the bill introduces beneficial tax-related incentives aimed at promoting financial preparedness for home disaster mitigation, it presents numerous complexities and potential pitfalls in terms of financial management and compliance. These aspects necessitate clear understanding and careful planning by taxpayers to fully benefit from the provisions without incurring unintended financial consequences.

Issues

  • The definitions and provisions for 'qualified disaster mitigation measures' and 'qualified disaster recovery costs' in Section 2 could lead to potential ambiguities in interpretation and misuse of funds, as they encompass a broad range of eligible activities that might be controversially classified as homeowner upgrades rather than essential disaster mitigation.

  • The complexity of the bill in Section 2 may hinder the average taxpayer's ability to understand the requirements and take full advantage of the READY accounts, potentially causing unintentional non-compliance or exclusion from benefits.

  • The bill lacks a cap on administrative fees or costs associated with managing READY accounts in Section 2, which could result in excessive charges and inadvertently impede those the accounts aim to assist in disaster recovery.

  • The inflation adjustment mechanism for the $4,500 contribution limit in Section 224 could create confusion due to cross-references to other tax code sections and calendar year substitutions, which are not immediately clear to those unfamiliar with tax code details.

  • The requirement for certification by a 'qualified industry professional' in Section 224 may favor certain organizations or individuals and potentially limit access to certification, especially if the criteria are not clear or accessible to a broader pool of professionals.

  • The provision in Section 2 allowing a single rollover contribution but prohibiting another within a year could lead to complex tracking requirements for taxpayers, increasing the chance of non-compliance or unintended tax implications.

  • The treatment of READY accounts upon the death of the beneficiary in Section 224 may complicate estate planning and taxation for surviving beneficiaries without providing clear mechanisms for seamless transitions, potentially placing undue burdens on families.

  • The role of the Secretary and Federal Emergency Management Agency in defining and determining measures in Section 2 may create delays and complications in implementation, possibly leading to inconsistent applications or interpretations unless detailed guidelines and timelines are provided.

  • The bill's lack of clarity regarding the transfer of accounts incident to divorce in Section 224 might lead to tax complications beyond what is stated, necessitating further guidance to prevent unintentional financial harm.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that the Act can be called the "READY Accounts Act."

2. READY accounts Read Opens in new tab

Summary AI

The proposed legislation introduces Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) accounts, a financial tool allowing individuals to deduct contributions up to $4,500 per year for home disaster preparation and recovery expenses from their taxes. The accounts are tax-exempt and are designed to help pay for measures to safeguard and repair homes in the event of disasters, with specific rules outlined for contributions, tax treatment, and what constitutes qualified expenses.

Money References

  • “(b) Limitation.— “(1) IN GENERAL.—The amount allowable as a deduction under subsection (a) to an individual for the taxable year shall not exceed $4,500.
  • — “(A) IN GENERAL.—In the case of any taxable year beginning in a calendar year after 2025, the $4,500 dollar amount under paragraph (1) shall be increased by an amount equal to— “(i) such dollar amount, multiplied by “(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof ‘calendar year 2024’ for ‘calendar year 2016’. “(B) ROUNDING.—If any amount as adjusted under paragraph (1) is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50.
  • “(c) Residential Emergency Asset-Accumulation Deferred Taxation Yield (READY) account.—For purposes of this section— “(1) IN GENERAL.—The term ‘Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) account’ means a trust created or organized in the United States as a Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) account exclusively for the purpose of paying the qualified home disaster mitigation and recovery expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: “(A) Except in the case of a rollover contribution described in subsection (e)(5), no contribution will be accepted— “(i) unless it is in cash, or “(ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar amount in effect under subsection (b)(1). “

224. Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) accounts Read Opens in new tab

Summary AI

The section establishes Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) accounts that allow individuals to deduct up to $4,500 annually for contributions made to these accounts to save for home disaster recovery and mitigation expenses. The accounts must meet specific requirements, such as being held by a qualified trustee, with contributions made in cash, and the funds are tax-free when used for qualified purposes like disaster-related repairs, while improper use may lead to penalties and tax liabilities.

Money References

  • (a) Deduction allowed.—In the case of an individual, 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 Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) account such individual. (b) Limitation.— (1) IN GENERAL.—The amount allowable as a deduction under subsection (a) to an individual for the taxable year shall not exceed $4,500.
  • — (A) IN GENERAL.—In the case of any taxable year beginning in a calendar year after 2025, the $4,500 dollar amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof “calendar year 2024” for “calendar year 2016”.
  • (B) ROUNDING.—If any amount as adjusted under paragraph (1) is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50.
  • (c) Residential Emergency Asset-Accumulation Deferred Taxation Yield (READY) account.—For purposes of this section— (1) IN GENERAL.—The term “Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) account” means a trust created or organized in the United States as a Residential Emergency Asset-accumulation Deferred Taxation Yield (READY) account exclusively for the purpose of paying the qualified home disaster mitigation and recovery expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (e)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar amount in effect under subsection (b)(1).