Tax Free Education Act of 2021

To amend the Internal Revenue Code of 1986 to permit withdrawals from certain retirement plans for repayment of student loan debt, and for other purposes. 1. Short title This Act may be cited as the Tax Free Education Act of 2021 2. Withdrawals for higher education expenses (a) 401( k Paragraph (14) of section 401(k) (C) Distributions for qualified education expenses (i) In general A distribution shall be treated as made upon hardship of the employee to the extent that the aggregate amount of such distributions during the taxable year does not exceed the lesser of— (I) the amount paid by the taxpayer for qualified education expenses for any individual during such taxable year, or (II) $5,250. (ii) Distribution must be otherwise disallowed Clause (i) shall not apply to any distribution which is permissible under paragraph (2)(B)(i) (including distributions which would be treated as made upon hardship of the employee without regard to this subparagraph). (iii) No requirement to demonstrate hardship Clause (i) shall apply without regard to any requirement to demonstrate financial need or hardship, or to demonstrate that other assets are not available to pay the qualified education expenses. (iv) Additional tax under section 72(t) No tax shall be imposed under section 72(t) on any amount treated as a hardship distribution by reason of clause (i). (v) Qualified education expenses For purposes of this subparagraph, the term qualified education expenses . (b) 403( b Paragraph (11) of section 403(b) Under rules similar to the rules of section 401(k)(14)(C), a distribution shall be treated as made upon hardship of the employee to the extent that the aggregate amount of such distributions during the taxable year does not exceed the lesser of the amount paid by the taxpayer for qualified education expenses during such taxable year, or $5,250. (c) 457 plans Paragraph (1) of section 457(d) Under rules similar to the rules of section 401(k)(14)(C) (and without regard to whether the expenses are unforeseen), a distribution shall be treated as made by reason of unforeseen emergency to the extent that the aggregate amount of such distributions during the taxable year does not exceed the lesser of the amount paid by the taxpayer for qualified education expenses during such taxable year, or $5,250. (d) Effective date The amendments made by this section shall apply to distributions made after December 31, 2021. 3. Withdrawals for student loan expenses (a) IRAs Paragraph (7) of section 72(t) (C) Student loans Such term shall include amounts paid in repayment of any loan made to an individual described in subparagraph (A) to assist the individual in attending an educational organization described in section 170(b)(1)(A)(ii). . (b) 401 (k) Clause (v) of section 401(k)(14)(C), as added by section 2, is amended— (1) by striking applied without regard applied— (I) without regard ; (2) by striking the period at the end and inserting , and (3) by adding at the end the following new subclause: (II) by treating amounts described in section 72(t)(7)(C) as qualified higher education expenses. . (c) Effective date The amendment made by this section shall apply to distributions made after December 31, 2021. 4. Exclusion of distributions for educational expenses (a) In general Section 402 (m) Distributions for qualified education expenses (1) In general Gross income for the taxable year does not include— (A) any distribution from a qualified cash or deferred arrangement (as defined in section 401(k)(2)), an annuity contract described in section 403(b), or an eligible deferred compensation plan described in section 457(b) which is maintained by an eligible employer described in section 457(e)(1)(A), which is treated as made upon hardship of the employee by reason of section 401(k)(14)(C), the last sentence of section 403(b)(11), or the last sentence of section 457(d)(1), or (B) any distribution from an individual retirement account (as defined in section 408(a)) to which section 72(t)(2)(E) applies. (2) Distributions must otherwise be includible (A) In general An amount shall be treated as described in paragraph (1) only to the extent that such amount would be includible in gross income without regard to such paragraph. (B) Application of section 72 In determining whether a distribution would be includible in gross income but for this subsection, rules similar to the rules of subsection (l)(3)(B) shall apply (by taking into account all retirement plans in which the taxpayer is a participant). . (b) Coordination with deductions and credits (1) Coordination with American Opportunity and Lifetime Learning credits (A) In general Paragraph (2) of section 25A(g) and (C) a distribution from a qualified cash or deferred arrangement (as defined in section 401(k)(2)), an annuity contract described in section 403(b), an eligible deferred compensation plan described in section 457(b) which is maintained by an eligible employer described in section 457(e)(1)(A), or an individual retirement account (as defined in section 408(a)) which is excluded from gross income of the distributee under section 402(m) (other than any portion of such a distribution which is attributable to the repayment of a loan described in section 72(t)(7)(C)), and . (B) Coordination with waiver of penalty Subparagraph (B) of section 72(t)(7) is amended by inserting (without regard to subparagraph (C) thereof) (2) Deduction for interest on education loans The first sentence of paragraph (1) of section 221(e) of such Code is amended— (A) by striking or (B) by inserting before the period at the end the following: , or for any amount paid with a distribution which is excluded from gross income under section 402(m) (c) Effective date The amendment made by this section shall apply to distributions made after December 31, 2021. 5. Modification of inclusion of employer student loan payments in educational assistance programs (a) In general Subparagraph (B) of section 127(c)(1) (B) the payment, by an employer, of amounts in repayment of any loan made to the employee to assist the employee in attending an educational organization described in section 170(b)(1)(A)(ii), and . (b) Denial of double benefit Paragraph (1) of section 221(e) any indebtedness on a qualified education loan of the taxpayer amounts in repayment of any loan described in section 127(c)(1)(B) (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 6. Repeal of cap on deduction for interest on education loans (a) In general Section 221 (b) Carryover of excess interest Section 221 (b) Carryover If the amount of the deduction allowable under subsection (a) exceeds the taxable income of the taxpayer for the taxable year (determined without regard to this section), then an amount equal to such excess shall be treated as interest paid by the taxpayer in the succeeding taxable year on a qualified education loan. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 7. Employer Roth contributions (a) In general Subsection (a) of section 402A (1) by striking and (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: (2) in the case of a qualified cash or deferred arrangement (as defined in section 401(k)(2)), any designated Roth employer contribution made pursuant to the arrangement shall be treated for purposes of this chapter in the same manner as contributions described in section 401(k)(3)(D)(ii), except that such contribution shall not be excludable from gross income, and . (b) Conforming amendments (1) Paragraph (1) of section 402A(b) (A) by striking may elect to make (A) to make ; (B) by striking the period at the end and inserting , and (C) by adding at the end the following new subparagraph: (B) in the case of a qualified cash or deferred arrangement (as defined in section 401(k)(2)), to have the employee's employer make designated Roth employer contributions in lieu of all or a portion of the matching or nonelective contributions the employee is otherwise eligible to receive under the arrangement. . (2) Paragraph (2)(A) of section 402A(b) of such Code is amended by striking of each employee and designated Roth employer contributions with respect to each employee (3) Subparagraph (B) of section 402A(d)(2) of such Code is amended by inserting , or elected to have made a designated Roth employer contribution, designated Roth contribution (c) Designated Roth employer contribution Subsection (c) of section 402A (1) by inserting and designated Roth employer contributions designated Roth contributions (2) by adding at the end the following new paragraph: (5) Designated Roth employer contribution (A) In general The term designated Roth employer contribution (i) is excludable from gross income of an employee without regard to this section, and (ii) the employee designates (at such time and in such manner as the Secretary may prescribe) as not being so excludable. (B) Contributions described The contributions described in this subparagraph are— (i) matching contributions (as defined in section 401(m)(4)(A)) which meet the requirements of subparagraphs (B) and (C) of section 401(k)(2), and (ii) qualified nonelective contributions (within the meaning of section 401(m)(4)(C)). (C) Designation limits The amount of matching contributions and qualified nonelective contributions which an employee may designate under subparagraph (A) shall not exceed the excess (if any) of— (i) the maximum amount of such contributions excludable from gross income of the employee for the taxable year (without regard to this section), over (ii) the aggregate amount of such contributions with respect to the employee for the taxable year which the employee does not designate under subparagraph (A). . (d) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2021. 8. Maximum contributions (a) Elective deferrals (1) In general Subparagraph (B) of section 402(g)(1) $15,000 $25,000 (2) Cost-of-living adjustment Paragraph (4) of section 402(g) of such Code is amended— (A) by striking $15,000 $25,000 (B) by striking December 31, 2006 December 31, 2022 (C) by striking July 1, 2005 July 1, 2021 (3) Conforming amendment Clause (ii) of section 402(g)(7)(A) of such Code is amended by striking $15,000 $25,000 (b) 457 plans (1) In general Subparagraph (A) of section 457(e)(15) $15,000 $25,000 (2) Cost-of-living adjustment Subparagraph (B) of section 457(e)(15) of such Code is amended— (A) by striking $15,000 $25,000 (B) by striking December 31, 2006 December 31, 2022 (C) by striking July 1, 2005 July 1, 2021 (c) Employed individual 401( k Subsection (k) of section 401 (16) Employed individual arrangement (A) In general A cash or deferred arrangement shall not be treated as failing to meet any requirement of this subsection solely because, under the arrangement, an employee may elect to make additional elective deferrals which are not subject to, and are not taken into account under, paragraph (3) to a separate account from other contributions made on behalf of the employee under the arrangement, if— (i) all employees eligible to participate in the arrangement are eligible to make such election, (ii) the aggregate of all elective deferrals made by the employee under the arrangement does not exceed the limitation of section 402(g), and (iii) no matching or nonelective contributions may be made to such account or with respect to elective deferrals contributed to such account. (B) Distribution, etc. rules to apply The rules of this subsection, other than paragraph (3), shall apply to any account established under subparagraph (A). (C) Elective deferral For purposes of this paragraph, the term elective deferral . (d) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2021. 9. Deduction for qualified education expenses (a) In general Part VII of subchapter B of chapter 1 (1) by redesignating section 224 as section 225; and (2) by inserting after section 223 the following new section: 224. Qualified education expenses (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 qualified education expenses paid or incurred during such taxable year for the taxpayer or any other individual. (b) Qualified education expenses For purposes of this section, the term qualified education expenses (1) qualified education expenses as defined in section 530(b)(2)(A), applied without regard to subparagraph (B) of section 530(b)(2), and (2) amounts paid in repayment of any loan made to an individual to assist the individual in attending an educational organization described in section 170(b)(1)(A)(ii). (c) Denial of double benefit For purposes of subsection (a), the qualified education expenses with respect to any taxpayer shall be reduced by— (1) the amount of any distribution from a qualified cash or deferred arrangement (as defined in section 401(k)(2)), an annuity contract described in section 403(b), an eligible deferred compensation plan described in section 457(b) which is maintained by an eligible employer described in section 457(e)(1)(A), or an individual retirement account (as defined in section 408(a)) which is excluded from gross income of the taxpayer under section 402(m) (other than any portion of such a distribution which is attributable to the repayment of a loan described in section 72(t)(7)(C)), and (2) the amount of any such expenses taken into account in determining any credit or any other deduction under any other provision of this chapter. (d) Carryforward of unused amount If any portion of the deduction allowed by subsection (a) for the taxable year is disallowed by reason of any limitation (including the amount of income of the taxpayer), such portion shall be treated as a deduction allowable under subsection (a) in the succeeding taxable year. . (b) Deduction allowed above the line Subsection (a) of section 62 (22) Qualified education expenses The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 section 224 Sec. 224. Qualified education expenses. Sec. 225. Cross reference. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021.

Summary: Tax Free Education Act of 2021 This bill permits tax-free distributions of up to $5,250 from 401(k) plans for qualified higher and elementary and secondary education expenses and penalty-free withdrawals from individual retirement accounts (IRAs) for student loan expenses. The bill also excludes from gross income, for income tax purposes, distributions up to $5,250 from employer-sponsored student loan and tuition payment plans. It repeals the limitation on the deduction of interest on student loans and increases from $15,000 to $25,000 (adjusted for inflation) the maximum contribution amounts for certain tax-preferred retirement plans. The bill allows employees an election to treat contributions to a 401(k) plan as Roth contributions (thus exempting withdrawals from such plans from tax at retirement). Finally, the bill allows individual taxpayers a new tax deduction for their qualified higher and elementary and secondary education expenses.