I 112th CONGRESS 1st Session H. R. 529 IN THE HOUSE OF REPRESENTATIVES February 8, 2011 Ms. Jenkins (for herself, Mr. Kind, Mr. Westmoreland, Mr. Filner, Mr. Sarbanes, Mr. Chaffetz, Mr. Yarmuth, Ms. Lee of California, and Mr. Lewis of Georgia) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to treat computer technology and equipment as eligible higher education expenses for 529 plans, to allow certain individuals a credit against income tax for contributions to 529 plans, and for other purposes.

1.

Short title

This Act may be cited as the Savings Enhancement for Education in College Act.

2.

Computer technology and equipment allowed as a qualified higher education expense for section 529 accounts

(a)

In general

Section 529(e)(3)(A) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (i), by striking the period at the end of clause (ii), and by adding at the end the following: (iii)expenses paid or incurred for the purchase of any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used primarily by the designated beneficiary while enrolled at an eligible educational institution. Clause (iii) shall not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature.. (b)

Effective date

The amendments made by this section shall apply to expenses paid or incurred after December 31, 2010, in taxable years ending after such date.

3.

Credit for contributions to 529 plans

(a)

In general

Subsection (d) of section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: (2)

Contributions to qualified tuition programs

(A)

In general

The term qualified savings contribution includes the amount of any purchase or contribution described in paragraph (1)(A) of section 529(b) to a qualified tuition program (as defined in such section) if— (i)the taxpayer has the power to authorize distributions and otherwise administer the account, and (ii)the designated beneficiary of such purchase or contribution is the taxpayer, the taxpayer’s spouse, or an individual with respect to whom the taxpayer is allowed a deduction under section 151. (B)

Limitation based on compensation

The amount treated as a qualified savings contribution by reason of subparagraph (A) for any taxable year shall not exceed the sum of— (i)the compensation (as defined in section 219(f)(1)) includible in the taxpayer’s gross income for the taxable year, and (ii)the amount excluded from the taxpayer’s gross income under section 112 (relating to combat pay) for such year. (C)

Determination of adjusted gross income

Solely for purposes of determining the applicable percentage under subsection (b) which applies with respect to the amount treated as a qualified savings contribution by reason of subparagraph (A), adjusted gross income (determined without regard to this subparagraph) shall be increased by the excess (if any) of— (i)the social security benefits received during the taxable year (within the meaning of section 86), over (ii)the amount included in gross income for such year under section 86. . (b)

Conforming amendments

(1)Section 25B of such Code is amended by striking qualified retirement savings each place it appears in the text and inserting qualified savings. (2)The subsection heading for section 25B(d) of such Code is amended by striking retirement. (3)Subparagraph (A) of section 25B(d)(3) of such Code, as redesignated by subsection (a), is amended— (A)by striking paragraph (1) the first place it appears and inserting paragraph (1) or (2), and (B)by striking paragraph (1) the second place it appears and inserting paragraph (1), or (2), as the case may be,. (4)The heading for section 25B of such Code is amended by striking and IRA contributions and inserting , IRA contributions, and qualified tuition program contributions. (5)The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B and inserting the following new item: Sec. 25B. Elective deferrals, IRA contributions, and qualified tuition program contributions by certain individuals.. (c)

Effective date

The amendments made by this section shall apply to contributions made after December 31, 2010, in taxable years ending after such date.

4.

Investment direction under qualified tuition programs

(a)

In general

Paragraph (4) of section 529(b) of the Internal Revenue Code of 1986 (relating to investment direction) is amended by striking the period at the end and inserting more frequently than 4 times per calendar year.. (b)

Effective date

The amendments made by this section shall apply to years beginning after December 31, 2010.

5.

Exclusion from gross income for employer contributions to qualified tuition programs

(a)

In general

Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 127 the following new section:

127A.

Employer contributions to qualified tuition programs

(a)

In general

Gross income of an employee does not include amounts paid by the employer as contributions to a qualified tuition program held by the employee or spouse of the employee if the contributions are made pursuant to a program which is described in subsection (b). (b)

Maximum exclusion

The amount excluded from the gross income of an employee under this section for the taxable year shall not exceed $600. (c)

Qualified tuition assistance program

For purposes of this section, a qualified tuition assistance program is a separate written plan of an employer for the benefit of such employer's employees— (1)under which the employer makes matching contributions to qualified tuition programs of— (A)such employees, (B)their spouses, or (C)any individual with respect to whom such an employee or spouse— (i)is allowed a deduction under section 151, and (ii)has the power to authorize distributions and otherwise administer such individual's account under the qualified tuition program, and (2)which meets requirements similar to the requirements of paragraphs (2), (3), (4), (5), and (6) of section 127(b). (d)

Definitions and special rules

For purposes of this section— (1)

Qualified tuition program

The term qualified tuition program means a qualified tuition program as defined in section 529(b). (2)

Employee and employer

The terms employee and employer shall have the meaning given such terms by paragraphs (2) and (3), respectively, of section 127(c). (3)

Applicable rules

Rules similar to the rules of paragraphs (4), (5), (6), and (7) of section 127(c) shall apply. (e)

Inflation adjustment

(1)

In general

In the case of any taxable year beginning in a calendar year after 2011, the $600 amount contained in subsection (b)(1) shall be increased by an amount equal to— (A)such dollar amount, multiplied by (B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2010 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.(f)

Cross reference

For reporting and recordkeeping requirements, see section 6039D.

. (b)

Exclusion from employment taxes

(1)Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of such Code are each amended by inserting 127A, after 127, each place it appears. (2)Section 3231(e)(6) of such Code is amended by striking section 127 and inserting section 127 or 127A. (c)

Reporting and recordkeeping requirements

Section 6039D(d)(1) of such Code is amended by inserting 127A, after 127,. (d)

Other conforming amendments

(1)Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such Code are each amended by inserting 127A, after 127, each place it appears. (2)Section 132(j)(8) of such Code is amended by striking section 127 and inserting section 127 or 127A. (3)Section 1397(a)(2)(A) of such Code is amended by inserting at the end the following new clause: (iii)Any amount paid or incurred by an employer which is excludable from the gross income of an employee under section 127A, but only to the extent paid or incurred to a person not related to the employer. . (4)Section 209(a)(15) of the Social Security Act (42 U.S.C. 409(a)(15)) is amended by striking or 129 and inserting , 127A, or 129. (e)

Clerical amendment

The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: Sec. 127A. Employer contributions to qualified tuition programs.. (f)

Effective date

The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.