Unlocking Homeownership Act

Summary#

This bill adds a new rule to section 529(c)(3) of the tax code. It allows certain withdrawals from qualified tuition programs (often called 529 accounts) to be used for a first home purchase. A "qualified first-time homebuyer distribution" is a withdrawal that a beneficiary uses within 120 days to pay "qualified acquisition costs" for a principal residence for a first-time homebuyer. The beneficiary, the beneficiary's spouse, or the beneficiary's child, grandchild, or ancestor (or the spouse's) may be the homebuyer.

The bill says "qualified acquisition costs" have the meaning given in section 72(t)(8). It defines "first-time homebuyer" as someone who (and whose spouse, if married) had no present ownership interest in a main home during the 2 years before the acquisition. "Principal residence" uses the same meaning as section 121. "Date of acquisition" means the date a binding contract to buy the home is signed or when construction or reconstruction begins.

If a withdrawal fails to meet the 120-day rule only because of a delay or cancellation in the purchase or construction, the amount may be transferred to another 529 account or to an ABLE account under a modified 120-day/60-day rule, with certain exceptions described in the bill. The bill also allows certain recontributions after qualified distributions tied to disasters and sets out definitions for "qualified disaster," "qualified disaster area," "incident period," and an "applicable period" for those recontributions.

The amendment applies to distributions made after the date the bill is enacted.

What it means for you#

  • People with money in 529 accounts may be able to use those funds to help pay costs of buying a first home for the beneficiary or certain family members, if the withdrawal meets the bill's rules.
  • To qualify, the buyer must meet the bill's "first-time homebuyer" test (no ownership in the prior 2 years) and the funds must be used within the specified time or moved according to the bill's transfer rules.
  • The bill refers to section 72(t)(8) to define which acquisition costs count; the exact items and limits from that section are not included in the bill text provided here.
  • There are special transfer and recontribution rules for situations involving delays or federally declared disasters.

Expenses#

No publicly available information on projected federal budget effects, revenue changes, or cost estimates is included in the bill text provided. The bill text does not include overall dollar limits or a fiscal analysis.

Proponents' View#

No publicly available information in the bill text about supporters' stated reasons, goals, or arguments.

Opponents' View#

No publicly available information in the bill text about opponents' stated concerns, reasons, or arguments.