Bill Text: HI HB1469 | 2020 | Regular Session | Amended
Bill Title: Relating To The College Savings Program.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2020-07-06 - Recommitted to WAM. [HB1469 Detail]
Download: Hawaii-2020-HB1469-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1469 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE COLLEGE SAVINGS PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In 2002, the State established a college savings program called "TuitionEDGE", pursuant to chapter 256, Hawaii Revised Statutes, and section 529 of the Internal Revenue Code of 1986, as amended. In November 2007, the program was revised and renamed as "HI529 Hawaii's College Savings Program". The program assists and encourages families to save and invest funds for future higher education expenses. The investment income earned under the program is exempt from federal and state taxes; provided that the funds are used for qualified higher education expenses, including for apprenticeship programs and to pay student loans, as authorized by recent amendments to section 529 of the Internal Revenue Code of 1986.
The legislature further finds that most other states offer a state tax deduction or credit for contributions to state college savings programs as an incentive for their residents to participate. The legislature therefore finds that, as the cost of higher education continues to rise, it is appropriate for the State to provide a similar incentive to Hawaii taxpayers to participate in college savings programs, thus helping Hawaii families save for college instead of taking out educational loans.
The purpose of this Act is to provide a state income tax deduction for contributions to any college savings program under section 529 of the Internal Revenue Code.
SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§235- College savings programs.
(a) There shall be allowed as a
deduction from Hawaii adjusted gross income of a qualified
taxpayer contributions made to an account in a college
savings program established under section 529 of the Internal Revenue Code of 1986,
as amended, or successor legislation, including an account established pursuant
to chapter 256; provided that the annual deductions for the contributions shall
be up to:
(1) $4,000 for qualified taxpayers filing a single return and for married couples filing separate returns; provided that each spouse may claim a deduction up to $4,000; and
(2) $8,000 for married couples filing joint returns, heads of household, or surviving spouses; provided that the deduction shall be available to married couples filing joint returns if at least one spouse is an account owner in a college savings program;
provided further that only a qualified taxpayer
who is an account owner in a college savings program shall be allowed to claim
the applicable deduction for contributions made by the qualified taxpayer into
the qualified taxpayer's account in the college savings program; provided further
that any contributions made to the qualified taxpayer's account in the college
savings program for a designated beneficiary shall be reduced by any withdraws made
for qualified higher education expenses during the same year for that designated
beneficiary.
(b) In order to be deductible for a particular taxable year, a contribution shall be credited to the qualified taxpayer's account in the college savings program on or before the last day of that taxable year; provided that if a contribution is mailed in, it shall be postmarked on or before the last day of that taxable year.
(c) Rollovers from a state's college savings
program into another state's college saving program shall not be considered to
be contributions eligible for the tax deduction under this section.
(d) If the amount of the contribution to the qualified
taxpayer's account in a college savings program exceeds the maximum deduction for
the taxable year in which the contribution is made pursuant to subsection (a), the
excess deduction may be used as a deduction against the qualified taxpayer's Hawaii
adjusted gross income for up to four subsequent tax years until the excess
deduction is exhausted.
(e) Contributions to a college savings program
that have been deducted from the qualified taxpayer's Hawaii adjusted gross
income for prior taxable years shall be subject to recapture and penalties
pursuant to section 529(c)(6) of the Internal Revenue Code of 1986, as amended,
or successor legislation, if the qualified taxpayer makes a subsequent
nonqualified withdrawal from a college savings program. The contribution shall be recaptured by
adding the amount previously deducted, not to exceed the amount of the
nonqualified withdrawal, to the qualified taxpayer's Hawaii adjusted gross
income for the tax year in which the nonqualified withdrawal occurred.
(f) As used in this section:
"Contribution" means:
(1) Any payment directly allocated to a college savings program account for the benefit of a designated beneficiary, or used to pay administrative fees associated with the account; and
(2) The portion of
any rollover amount treated as a contribution under section 529 of the Internal
Revenue Code of 1986, as amended, or successor legislation.
"Qualified higher education expenses"
shall have the same meaning as in section 256-1.
"Qualified taxpayer" means
a married couple filing separate returns each with an adjusted gross income of less
than $ or a married couple filing a joint
return, head of household, or surviving spouse with an adjusted gross income of
less than $ .
"Rollover" means a distribution or transfer from an account that is transferred to or deposited within sixty calendar days of the distribution into an account of the same person for the benefit of the same designated beneficiary or another person who is a member of the family of the designated beneficiary if the transferee account was created under chapter 256 or another college savings program maintained in accordance with section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation."
SECTION 3. Section 23-95, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) This section shall apply to the following:
(1) Section 235-5.5--Deduction for individual housing account deposit;
(2) Section 235-7(f)--Deduction of property loss due to a natural disaster;
(3) Section 235-16.5--Credit for cesspool upgrade, conversion, or connection;
(4) Section 235-19--Deduction for maintenance of an exceptional tree;
(5) Section 235-55.91--Credit for the employment of a vocational rehabilitation referral;
(6) Section 235-110.2--Credit
for in-kind services contribution for public school repair and maintenance; [and]
(7) Sections 235-110.8
and 241-4.7--Credit for ownership of a qualified low-income housing building[.];
and
(8) Section 235- --Deduction for contributions to an account in a college savings program."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050, and shall apply to taxable years beginning after December 31, 2020.
Report Title:
College Savings Program; Income Tax Deduction
Description:
Establishes a state income tax deduction for eligible contributions made to any college savings program under section 529 of the Internal Revenue Code. Applies to taxable years beginning after 12/31/2020. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
