I 

116TH CONGRESS 

1ST SESSION H. R. 1859 

To amend the Internal Revenue Code of 1986 to provide for parent savings 

accounts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2019 

Mr. KATKO (for himself and Mr. BRINDISI) 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 provide 

for parent savings accounts, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Working Parents 

5 Flexibility Act of 2019’’. 

6 SEC. 2. PARENTAL LEAVE SAVINGS ACCOUNTS. 

7 (a) IN GENERAL.—Part VII of subchapter B of chap8 ter 1 of the Internal Revenue Code of 1986 is amended 

9 by redesignating section 224 as section 225 and by insert10 ing after section 223 the following new section: 


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1 ‘‘SEC. 224. PARENTAL LEAVE SAVINGS ACCOUNTS. 

2 ‘‘(a) ALLOWANCE OF DEDUCTION.— 

3 ‘‘(1) IN GENERAL.—In the case of an individual 

4 who is an eligible individual for any month during 

5 the taxable year, there shall be allowed as a deduc6 tion for the taxable year an amount equal to the ag7 gregate amount paid in cash during such taxable 

8 year by such individual to a parental leave savings 

9 account of such individual. 

10 ‘‘(b) LIMITATIONS.— 

11 ‘‘(1) ANNUAL LIMITATION FOR ANY YEAR.— 

12 The amount allowable as a deduction under sub13 section (a) to an eligible individual for the taxable 

14 year shall not exceed $6,750. 

15 ‘‘(2) OVERALL LIMITATION.—The aggregate 

16 amounts contributed to a parental leave savings ac17 count for all taxable years shall not exceed $24,000. 

18 ‘‘(3) ADJUSTED GROSS INCOME LIMITATION.— 

19 In the case of a taxpayer whose adjusted gross in20 come exceeds $250,000 for the taxable year, the dol21 lar limitation under paragraph (1) for such taxable 

22 year shall be zero. 

23 ‘‘(4) DENIAL OF DEDUCTION TO DEPEND24 ENTS.—No deduction shall be allowed under this 

25 section to any individual with respect to whom a de26 duction under section 151 is allowable to another 


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1 taxpayer for a taxable year beginning in the cal2 endar year in which such individual’s taxable year 

3 begins. 

4 ‘‘(5) COORDINATION WITH EMPLOYER CON5 TRIBUTIONS.—The limitation which would (but for 

6 this paragraph) apply under this subsection to an in7 dividual for any taxable year shall be reduced (but 

8 not below zero) by the aggregate amount contributed 

9 to a parental leave savings account of such indi10 vidual which is excludable from the taxpayer’s ad11 justed gross income for such taxable year under sec12 tion 139G (and such amount shall not be allowed as 

13 a deduction under subsection (a)). 

14 ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 

15 section, the term ‘eligible individual’ means, with respect 

16 to any month, any individual who has earned income from 

17 employment during the 12 months preceding the month 

18 in which the parental leave savings account is established. 

19 ‘‘(d) PARENTAL LEAVE SAVINGS ACCOUNT.—For 

20 purposes of this section: 

21 ‘‘(1) IN GENERAL.—The term ‘parental leave 

22 savings account’ means a trust created or organized 

23 in the United States exclusively for the purpose of 

24 making distributions for the care of a child of the 

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1 strument creating the trust meets the following re2 quirements: 

3 ‘‘(A) Except in the case of a rollover con4 tribution described in subsection (e)(3), no con5 tribution will be accepted— 

6 ‘‘(i) unless it is in cash, or 

7 ‘‘(ii) to the extent such contribution— 

8 ‘‘(I) when added to previous con9 tributions to the trust for the calendar 

10 year, exceeds the dollar amount in ef11 fect under subsection (b)(1), or 

12 ‘‘(II) when added to all previous 

13 contributions to the trust, exceeds the 

14 limit under subsection (b)(2). 

15 ‘‘(B) The trustee is a bank (as defined in 

16 section 408(n)), or another person who dem17 onstrates to the satisfaction of the Secretary 

18 that the manner in which such person will ad19 minister the trust will be consistent with the re20 quirements of this section. 

21 ‘‘(C) No part of the trust assets will be in22 vested in life insurance contracts. 

23 ‘‘(D) The assets of the trust will not be 

24 commingled with other property except in a 


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1 common trust fund or common investment 

2 fund. 

3 ‘‘(E) The interest of an individual in the 

4 balance in his account is nonforfeitable. 

5 ‘‘(2) CERTAIN RULES TO APPLY.—Rules similar 

6 to the following rules shall apply for purposes of this 

7 section: 

8 ‘‘(A) Section 219(d)(2) (relating to no de9 duction for rollovers). 

10 ‘‘(B) Section 219(f)(3) (relating to time 

11 when contributions deemed made). 

12 ‘‘(C) Except as provided in section 106(d), 

13 section 219(f)(5) (relating to employer pay14 ments). 

15 ‘‘(D) Section 408(g) (relating to commu16 nity property laws). 

17 ‘‘(e) TAX TREATMENT OF DISTRIBUTIONS.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), any distribution from a parental leave 

20 savings account shall be included in the gross in21 come of the account owner. 

22 ‘‘(2) EARLY PARENTHOOD PAYMENTS OR IMME23 DIATE RETURN OF CONTRIBUTIONS.— 


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1 ‘‘(A) IN GENERAL.—Any amount paid or 

2 distributed out of a parental leave savings ac3 count which— 

4 ‘‘(i) is made pursuant to a request by 

5 the account owner and not later than 1 

6 year after the birth or adoption of a child 

7 of the account owner, or 

8 ‘‘(ii) is not more than the amount of 

9 contributions made to the account during 

10 the 30-day period ending on the date of 

11 such distribution, 

12 shall not be included in gross income. Clause 

13 (ii) shall not apply if a deduction is allowed 

14 with respect to such contribution. 

15 ‘‘(B) RETURN OF CONTRIBUTION NOT

16 TAKEN INTO ACCOUNT IN DETERMINING DE17 DUCTION.—The amount allowed as a deduction 

18 under subsection (a) for the taxable year (deter19 mined without regard to this subparagraph) 

20 shall be reduced by the amount of distributions 

21 made during the taxable year under subpara22 graph (A)(ii). 

23 ‘‘(C) COORDINATION WITH DEPENDENT

24 CARE TAX CREDIT.—The employment-related 

25 expenses (as defined in section 21(b)(2)) taken 


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1 into account with respect to any child of the 

2 taxpayer in determining the credit under sec3 tion 21 for the taxable year (determined with4 out regard to this subparagraph) shall be re5 duced by any amounts excluded from gross in6 come for the taxable year under subparagraph 

7 (A)(i) with respect to such child. 

8 ‘‘(3) ROLLOVER CONTRIBUTIONS.—An amount 

9 is described in this paragraph as a rollover contribu10 tion if it meets the requirements of subparagraphs 

11 (A) and (B). 

12 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

13 not apply to any amount paid or distributed 

14 from a parental leave savings account to the ac15 count owner if— 

16 ‘‘(i) the entire amount received is paid 

17 into an individual retirement account or in18 dividual retirement annuity (other than an 

19 endowment contract) for the benefit of 

20 such individual not later than the 60th day 

21 after the day on which he receives the pay22 ment or distribution, or 

23 ‘‘(ii) the entire amount received is 

24 paid into an eligible retirement plan for 

25 the benefit of such individual not later 


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1 than the 60th day after the date on which 

2 the payment or distribution is received, ex3 cept the maximum amount which may be 

4 paid into such plan may not exceed the 

5 portion of the amount received which is in6 cludible in gross income (determined with7 out regard to this paragraph). 

8 For purposes of clause (ii), the term ‘eligible re9 tirement plan’ means an eligible retirement plan 

10 described in clause (iii), (iv), (v), or (vi) of sec11 tion 402(c)(8)(B). 

12 ‘‘(B) LIMITATION.—This paragraph does 

13 not apply to any amount described in subpara14 graph (A)(i) received by an individual from a 

15 parental leave savings account if at any time 

16 during the 1-year period ending on the day of 

17 such receipt such individual received any other 

18 amount described in that subparagraph from a 

19 parental leave savings account which was not 

20 includible in his gross income because of the ap21 plication of this paragraph. 

22 ‘‘(C) SPECIAL RULE FOR 529 AND 529A

23 FUNDING DISTRIBUTIONS.— 

24 ‘‘(i) IN GENERAL.—A plan shall not 

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1 ings account under this section solely be2 cause the account provides for distribu3 tions from a parental leave savings account 

4 to a qualified tuition program (as defined 

5 in section 529(b)) or a qualified ABLE 

6 program (as defined in section 529A(b)) of 

7 the taxpayer or a child of the taxpayer (as 

8 defined in section 529(e)). 

9 ‘‘(ii) TAX TREATMENT.—Paragraph 

10 (1) shall not apply to so much of any such 

11 distribution as is allocable to earnings on 

12 the amounts contributed by the taxpayer to 

13 the parental leave savings account. 

14 ‘‘(4) ADDITIONAL TAX FOR DISTRIBUTIONS NOT

15 USED FOR EARLY PARENTHOOD PAYMENTS.—The 

16 tax imposed by this chapter on the account owner 

17 for any taxable year in which there is a payment or 

18 distribution from a parental leave savings account of 

19 such account owner which is includible in gross in20 come under subparagraph (1) shall be increased by 

21 20 percent of the amount which is so includible. The 

22 preceding sentence shall not apply to the portion of 

23 a distribution described in subparagraph (C)(i) that 

24 is so includible. 


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1 ‘‘(5) EXCESS CONTRIBUTIONS RETURNED BE2 FORE DUE DATE OF RETURN.— 

3 ‘‘(A) IN GENERAL.—If any excess con4 tribution is contributed for a taxable year to 

5 any parental leave savings account of an indi6 vidual, paragraph (1) shall not apply to dis7 tributions from the parental leave savings ac8 count of such individual (to the extent such dis9 tributions do not exceed the aggregate excess 

10 contributions to the account of such individual 

11 for such year) if— 

12 ‘‘(i) such distribution is received by 

13 the individual on or before the last day 

14 prescribed by law (including extensions of 

15 time) for filing such individual’s return for 

16 such taxable year, and 

17 ‘‘(ii) such distribution is accompanied 

18 by the amount of net income attributable 

19 to such excess contribution. 

20 Any net income described in clause (ii) shall be 

21 included in the gross income of the individual 

22 for the taxable year in which it is received. 

23 ‘‘(B) EXCESS CONTRIBUTION.—For pur24 poses of subparagraph (A), the term ‘excess 

25 contribution’ means any contribution (other 


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1 than a rollover contribution described in para2 graph (3)) which is neither excludable from 

3 gross income under section 139G nor deductible 

4 under this section. 

5 ‘‘(6) TRANSFER OF ACCOUNT INCIDENT TO DI6 VORCE.—The transfer of an individual’s interest in 

7 a parental leave savings account to an individual’s 

8 spouse or former spouse under a divorce or separa9 tion instrument described in subparagraph (A) of 

10 section 71(b)(2) shall not be considered a taxable 

11 transfer made by such individual notwithstanding 

12 any other provision of this subtitle, and such interest 

13 shall, after such transfer, be treated as a parental 

14 leave savings account with respect to which such 

15 spouse is the account owner. 

16 ‘‘(7) TREATMENT AFTER DEATH OF ACCOUNT

17 OWNER.— 

18 ‘‘(A) TREATMENT IF DESIGNATED BENE19 FICIARY IS SPOUSE.— 

20 ‘‘(i) IN GENERAL.—If a qualified indi21 vidual acquires such owner’s interest in a 

22 parental leave savings account by reason of 

23 being the designated beneficiary of such 

24 account at the death of the account owner, 

25 such parental leave savings account shall 


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1 be treated as if the qualified individual 

2 were the account owner. 

3 ‘‘(ii) QUALIFIED INDIVIDUAL.—For 

4 purposes of clause (i), the term ‘qualified 

5 individual’ means, with respect to any ac6 count owner— 

7 ‘‘(I) the account owner’s sur8 viving spouse, or 

9 ‘‘(II) any other person with cus10 tody of any child of the deceased ac11 count owner, but only if such death 

12 occurred not later than 1 year after 

13 the birth or adoption of such child by 

14 the deceased account owner. 

15 ‘‘(B) OTHER CASES.— 

16 ‘‘(i) IN GENERAL.—If, by reason of 

17 the death of the account owner, any person 

18 acquires the account owner’s interest in a 

19 parental leave savings account in a case to 

20 which subparagraph (A) does not apply— 

21 ‘‘(I) such account shall cease to 

22 be a parental leave savings account as 

23 of the date of death, and 

24 ‘‘(II) an amount equal to the fair 

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1 count on such date shall be includible 

2 if such person is not the estate of 

3 such owner, in such person’s gross in4 come for the taxable year which in5 cludes such date, or if such person is 

6 the estate of such owner, in such own7 er’s gross income for the last taxable 

8 year of such owner. 

9 ‘‘(ii) SPECIAL RULES.—An appro10 priate deduction shall be allowed under 

11 section 691(c) to any person (other than 

12 the decedent or the decedent’s spouse) with 

13 respect to amounts included in gross in14 come under clause (i) by such person. 

15 ‘‘(f) TAX TREATMENT OF ACCOUNT.— 

16 ‘‘(1) IN GENERAL.—A parental leave savings 

17 account shall be exempt from taxation under this 

18 subtitle. Notwithstanding the preceding sentence, 

19 the parental leave savings account shall be subject to 

20 the taxes imposed by section 511 (relating to imposi21 tion of tax on unrelated business income of chari22 table, etc. organizations). 

23 ‘‘(2) ACCOUNT TERMINATIONS.—Rules similar 

24 to the rules of paragraphs (2) and (4) of section 


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1 408(e) shall apply to any parental leave savings ac2 count. 

3 ‘‘(g) ONE ACCOUNT PER INDIVIDUAL.—An indi4 vidual may not own more than one parental leave savings 

5 account. The Secretary shall prescribe such rules as are 

6 necessary to provide for liquidating an individual’s paren7 tal leave savings account for transfer to a new parental 

8 leave savings account of the individual and for treating 

9 such amounts as a rollover distribution described in sub10 section (e)(3). 

11 ‘‘(h) REPORTS.—The owner of a parental leave sav12 ings account shall make such reports regarding such ac13 count to the Secretary with respect to contributions, dis14 tributions, the return of excess contributions, and such 

15 other matters as the Secretary may require. The reports 

16 required by this subsection shall be filed at such time and 

17 in such manner and furnished to such individuals at such 

18 time and in such manner as may be required by the Sec19 retary. 

20 ‘‘(i) COST-OF-LIVING ADJUSTMENT.— 

21 ‘‘(1) IN GENERAL.—In the case of taxable years 

22 beginning in a calendar year after 2020, each dollar 

23 amount in subsections (b)(1) and (b)(2) shall be in24 creased by an amount equal to— 

25 ‘‘(A) such dollar amount, multiplied by 


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1 ‘‘(B) the cost-of-living adjustment deter2 mined under section 1(f)(3) for the calendar 

3 year in which such taxable year begins deter4 mined by substituting ‘calendar year 2019’ for 

5 ‘calendar year 2016’ in subparagraph (A)(ii) 

6 thereof. 

7 ‘‘(2) ROUNDING.—If any increase under para8 graph (1) is not a multiple of $50, such increase 

9 shall be rounded to the nearest multiple of $50.’’. 

10 (b) DEDUCTION ALLOWED WHETHER OR NOT INDI11 VIDUAL ITEMIZES OTHER DEDUCTIONS.—Section 62(a) 

12 of such Code is amended by inserting after paragraph (21) 

13 the following new paragraph: 

14 ‘‘(22) PARENTAL LEAVE SAVINGS ACCOUNTS.— 

15 The deduction allowed under section 224.’’. 

16 (c) EXCLUSION FOR EMPLOYER CONTRIBUTIONS TO

17 PARENTAL LEAVE SAVINGS ACCOUNTS.— 

18 (1) IN GENERAL.—Part III of subchapter B of 

19 chapter 1 of such Code is amended by inserting 

20 after section 139F the following new section: 

21 ‘‘SEC. 139G. CONTRIBUTIONS BY EMPLOYER TO PARENTAL 

22 LEAVE SAVINGS ACCOUNTS. 

23 ‘‘(a) IN GENERAL.—Gross income of an employee 

24 does not include contributions by the employer to the pa25 rental leave savings account of the employee to the extent 


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1 such amounts do not exceed the limitation under section 

2 224(b)(1) (determined without regard to this section) 

3 which is applicable to such employee for such taxable year. 

4 ‘‘(b) PARENTAL LEAVE SAVINGS ACCOUNT.—For 

5 purposes of this section, the term ‘parental leave savings 

6 account’ shall have the meaning given to such term by 

7 section 224. 

8 ‘‘(c) EXCLUSION NOT TO EXCEED COMPENSA9 TION.— 

10 ‘‘(1) EMPLOYEES.—The amount excluded from 

11 gross income by subsection (a) with respect to an 

12 employee shall not exceed such employee’s wages, 

13 salaries, tips, and other employee compensation 

14 which are attributable to such employee’s employ15 ment by the employer referred to in such subsection. 

16 ‘‘(2) SELF-EMPLOYED INDIVIDUALS.—The 

17 amount excluded from gross income by subsection 

18 (a) for contributions with respect to an individual 

19 who is self-employed shall not exceed such individ20 ual’s earned income (as defined in section 401(c)(2)) 

21 derived by the taxpayer from the trade or business 

22 with respect to which the individual is self-employed. 

23 ‘‘(3) COMMUNITY PROPERTY LAWS NOT TO

24 APPLY.—The limitations under this subsection shall 


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1 be determined without regard to community prop2 erty laws.’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 3121(a) of such Code is 

5 amended by striking ‘‘or’’ at the end of para6 graph (22), by striking the period at the end of 

7 paragraph (23) and inserting ‘‘; or’’, and by in8 serting after paragraph (23) the following new 

9 paragraph: 

10 ‘‘(24) any payment made to a parental leave 

11 savings account (as defined in section 224) or an 

12 employee.’’. 

13 (B) Section 3231(e) of such Code is 

14 amended by adding at the end the following 

15 new paragraph: 

16 ‘‘(13) PARENTAL LEAVE SAVINGS ACCOUNT

17 CONTRIBUTIONS.—The term ‘compensation’ shall 

18 not include any payment made to a parental leave 

19 savings account (as defined in section 224) of an 

20 employee.’’. 

21 (C) Section 3306(b) of such Code is 

22 amended by striking ‘‘or’’ at the end of para23 graph (19), by striking the period at the end of 

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1 serting after paragraph (20) the following new 

2 paragraph: 

3 ‘‘(21) any payment made to a parental leave 

4 savings account (as defined in section 224) of an 

5 employee.’’. 

6 (D) Section 3401(a) of such Code is 

7 amended by striking ‘‘or’’ at the end of para8 graph (21), by striking the period at the end of 

9 paragraph (22) and inserting ‘‘; or’’, and by in10 serting after paragraph (22) the following new 

11 paragraph: 

12 ‘‘(23) any payment made to a parental leave 

13 savings account (as defined in section 224) of an 

14 employee.’’. 

15 (E) Section 6051(a) of such Code is 

16 amended by striking ‘‘and’’ at the end of para17 graph (13), by striking the period at the end of 

18 paragraph (14) and inserting ‘‘, and’’, and by 

19 inserting after paragraph (14) the following 

20 new paragraph: 

21 ‘‘(15) the amount contributed to any parental 

22 leave savings account (as defined in section 224) of 

23 such employee.’’. 

24 (d) PROHIBITED TRANSACTIONS.— 


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1 (1) EXCEPTION FOR TAXABLE DISTRIBUTIONS

2 FROM PARENTAL LEAVE SAVINGS ACCOUNTS.—Sub3 section (c) of section 4975 of such Code (defining 

4 prohibited transaction) is amended by adding at the 

5 end the following new paragraph: 

6 ‘‘(7) SPECIAL RULE FOR PARENTAL LEAVE SAV7 INGS ACCOUNTS.—An individual for whose benefit a 

8 parental leave savings account (with the meaning of 

9 section 224) is established and any contributor to 

10 such account shall be exempt from the tax imposed 

11 by this section with respect to any transaction con12 cerning such account (which would otherwise be tax13 able under this section) if, with respect to such 

14 transaction, the account ceases to be a parental 

15 leave savings account by reason of the application of 

16 section 224(f)(2) to such account.’’. 

17 (2) PLAN DEFINED.—Section 4975(e)(1) of 

18 such Code is amended by striking ‘‘or’’ at the end 

19 of subparagraph (F), by redesignating subparagraph 

20 (G) as subparagraph (H), and by inserting after 

21 subparagraph (F) the following new subparagraph: 

22 ‘‘(G) a parental leave savings account de23 scribed in section 224, or’’. 

24 (e) PENALTY ON FAILURE TO REPORT.—Section 

25 6693(a)(2) of such Code is amended by striking ‘‘and’’ 


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1 at the end of subparagraph (D), by striking the period 

2 at the end of subparagraph (E) and inserting ‘‘, and’’, 

3 and by inserting after subparagraph (E) the following new 

4 subparagraph: 

5 ‘‘(F) section 224(g) (relating to parental 

6 leave savings accounts).’’. 

7 (f) CONFORMING AMENDMENT.—Section 26(b)(2) of 

8 such Code is amended by striking ‘‘and’’ at the end of 

9 subparagraph (X), by striking the period at the end of 

10 subparagraph (Y) and inserting ‘‘, and’’, and by adding 

11 at the end the following new subparagraph: 

12 ‘‘(Z) section 224(e)(4) (relating to addi13 tional tax with respect to distributions not used 

14 for early parenthood payment purposes).’’. 

15 (g) CLERICAL AMENDMENTS.— 

16 (1) The table of sections for part VII of sub17 chapter B of chapter 1 of such Code is amended by 

18 redesignating the item relating to section 224 as an 

19 item relating to section 225 and by inserting after 

20 the item relating to section 223 the following new 

21 item: 

‘‘Sec. 224. Parental leave savings accounts.’’. 

22 (2) The table of sections for part III of sub23 chapter B of chapter 1 of such Code is amended by 


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1 inserting after the item relating to section 139F the 

2 following new item: 

‘‘Sec. 139G. Contributions by employer to parental leave savings accounts.’’. 

3 (h) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to taxable years beginning after 

5 December 31, 2019. 

Æ 


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