I 
111TH CONGRESS 
1ST SESSION H. R. 4309 
To amend the Internal Revenue Code of 1986 to establish tax-preferred 
Small Business Start-up Savings Accounts. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 15, 2009 
Mr. BRIGHT (for himself and Mr. THOMPSON of Pennsylvania) 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 establish 
tax-preferred Small Business Start-up Savings Accounts. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This act may be cited as the ‘‘Small Business Start- 
up Savings Accounts Act of 2009’’. 
SEC. 2. ESTABLISHMENT OF SMALL BUSINESS START-UP 
SAVINGS ACCOUNTS. 
(a) IN GENERAL.—Subpart A of part I of subchapter 
D of chapter 1 of the Internal Revenue Code of 1986 is 
VerDate Nov 24 2008 
22:50 Dec 16, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
jlentini on DSKJ8SOYB1PROD with BILLS
amended by inserting after section 408A the following new 
section: 
‘‘SEC. 408B. SMALL BUSINESS START-UP SAVINGS AC-
COUNTS. 
‘‘(a) GENERAL RULE.—Except as provided in this 
section, a Small Business Start-up Savings Account shall 
be treated for purposes of this title in the same manner 
as an individual retirement plan. 
‘‘(b) SMALL BUSINESS START-UP SAVINGS AC-
COUNT.—For purposes of this title, the term ‘Small Busi-
ness Start-up Savings Account’ means an individual re-
tirement plan which is designated (in such manner as the 
Secretary may prescribe) at the time of establishment of 
the plan as a Small Business Start-up Savings Account. 
‘‘(c) TREATMENT OF CONTRIBUTIONS.— 
‘‘(1) NO DEDUCTION ALLOWED.—No deduction 
shall be allowed under section 219 for a contribution 
to a Small Business Start-up Savings Account. 
‘‘(2) CONTRIBUTION LIMIT.— 
‘‘(A) 
IN
GENERAL.—The 
aggregate 
amount of contributions for any taxable year to 
all Small Business Start-up Savings Accounts 
maintained for the benefit of an individual shall 
not exceed $10,000. 
VerDate Nov 24 2008 
22:50 Dec 16, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(B) AGGREGATE
LIMITATION.—The ag-
gregate of the amount contributions for all tax-
able years with respect to all Small Business 
Start-up Savings Accounts maintained for the 
benefit of an individual shall not exceed 
$150,000. 
‘‘(C) COST OF LIVING ADJUSTMENT.— 
‘‘(i) IN GENERAL.—In the case of a 
taxable year beginning after 2010, the 
$10,000 amount in subparagraph (A) shall 
be increased by an amount equal to— 
‘‘(I) such dollar amount, multi-
plied by 
‘‘(II) the cost-of-living adjust-
ment determined under section 1(f)(3) 
for the calendar year in which the tax-
able year begins, determined by sub-
stituting ‘calendar year 2009’ for ‘cal-
endar year 1992’ in subparagraph (B) 
thereof. 
‘‘(ii) ROUNDING.—If any amount as 
adjusted under clause (i) is not a multiple 
of $500, such amount shall be rounded to 
the next lowest multiple of $500. 
VerDate Nov 24 2008 
22:50 Dec 16, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(3) CONTRIBUTIONS PERMITTED AFTER AGE 
701⁄2.—Contributions to a Small Business Start-up 
Savings Account may be made even after the indi-
vidual for whom the account is maintained has at-
tained age 701⁄2. 
‘‘(4) ROLLOVERS
FROM
RETIREMENT
PLANS 
NOT ALLOWED.—A taxpayer shall not be allowed to 
make a qualified rollover contribution to a Small 
Business Start-up Savings Account from any eligible 
retirement plan (as defined in section 402(c)(8)(B)), 
except as may be provided by the Secretary in the 
case of a rollover from another Small Business 
Start-up Savings Account. 
‘‘(5) INCOME BASED ON MODIFIED ADJUSTED 
GROSS INCOME.— 
‘‘(A) IN GENERAL.—In the case of a tax-
able year in which the taxpayer’s adjusted gross 
income exceeds $150,000 ($300,000 in the case 
of a joint return), the dollar amount in effect 
for such taxable year under subsection (c)(2) 
shall be reduced (but not below zero) by the 
amount determined under subparagraph (B). 
‘‘(B) 
AMOUNT
OF
REDUCTION.—The 
amount determined under this subparagraph 
VerDate Nov 24 2008 
22:50 Dec 16, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
jlentini on DSKJ8SOYB1PROD with BILLS
shall be the amount which bears the same ratio 
to such limitation as— 
‘‘(i) the excess of— 
‘‘(I) 
the 
taxpayer’s 
adjusted 
gross income for such taxable year, 
over 
‘‘(II) $150,000 ($300,000 in the 
case of a joint return), bears to 
‘‘(ii) $25,000. 
‘‘(C) MODIFIED
ADJUSTED
GROSS
IN-
COME.—The term ‘modified adjusted gross in-
come’ means the adjusted gross income of the 
taxpayer for the taxable year increased by any 
amount excluded from gross income under sec-
tion 911, 931, or 933. 
‘‘(d) TREATMENT OF DISTRIBUTIONS.— 
‘‘(1) TAX TREATMENT.— 
‘‘(A) EXCLUSION OF QUALIFIED DISTRIBU-
TIONS.—Any qualified distribution from a 
Small Business Start-up Savings Account shall 
not be includible in gross income. 
‘‘(B) INCLUSION
OF
OTHER
DISTRIBU-
TIONS.—Distributions from a Small Business 
Start-up Savings Account which is not a quali-
fied distribution shall be included in gross in-
VerDate Nov 24 2008 
22:50 Dec 16, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(ii) in the case of a person who is 
the estate of such beneficiary, in such 
beneficiary’s gross income for the last tax-
able year of such beneficiary. 
‘‘(C) SPECIAL RULES.— 
‘‘(i) REDUCTION OF INCLUSION FOR 
PREDEATH
EXPENSES.—The amount in-
cludible in gross income under subpara-
graph (B) shall be reduced by the amounts 
described in paragraph (2) which were in-
curred by the decedent before the date of 
the decedent’s death and paid by such per-
son within 1 year after such date. 
‘‘(ii) 
DEDUCTION
FOR
ESTATE 
TAXES.—An appropriate deduction shall be 
allowed under section 691(c) to any person 
(other than the decedent) with respect to 
amounts included in gross income under 
clause (i) by such person. 
‘‘(4) MANDATORY
DISTRIBUTION
RULES
NOT 
TO APPLY.—Section 401(a)(9)(A) and the incidental 
death benefit requirements of section 401(a) shall 
not apply to any Small Business Start-up Savings 
Account.’’. 
VerDate Nov 24 2008 
22:50 Dec 16, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
jlentini on DSKJ8SOYB1PROD with BILLS
(b) EXCESS CONTRIBUTIONS.—Section 4973 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new subsection: 
‘‘(h) EXCESS CONTRIBUTIONS TO SMALL BUSINESS 
START-UP SAVINGS ACCOUNTS.—For purposes of this 
section, in the case of contributions to all Small Business 
Start-up Savings Accounts (within the meaning of section 
408B(b)) maintained for the benefit of an individual, the 
term ‘excess contributions’ means the sum of— 
‘‘(1) the excess (if any) of— 
‘‘(A) the amount contributed to such ac-
counts for the taxable year, over 
‘‘(B) the amount allowable as a contribu-
tion under section 408B(c)(2)(A) for such tax-
able year, and 
‘‘(2) the amount determined under this sub-
section for the preceding taxable year, reduced by 
the sum of— 
‘‘(A) the distributions out of the accounts 
for the taxable year, and 
‘‘(B) the excess (if any) of— 
‘‘(i) the maximum amount allowable 
as 
a 
contribution 
under 
section 
408B(c)(2)(A) for such taxable year, over 
VerDate Nov 24 2008 
22:50 Dec 16, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(ii) the amount contributed to such 
accounts for such taxable year, and 
‘‘(3) the excess (if any) of— 
‘‘(A) the excess (if any) of— 
‘‘(i) the aggregate amounts contrib-
uted to such accounts for all taxable years, 
over 
‘‘(ii) the aggregate amount allowable 
as 
contributions 
under 
section 
408B(c)(2)(B) for all taxable years, over 
‘‘(B) the amount determined under this 
paragraph for all preceding taxable years.’’. 
(c) CONFORMING AMENDMENT.—The table of sec-
tions for subpart A of part I of subchapter D of chapter 
1 of the Internal Revenue Code of 1986 is amended by 
inserting after the item relating to section 408A the fol-
lowing new item: 
‘‘Sec. 408B. Small Business Start-up Savings Accounts.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2009. 
Æ 
VerDate Nov 24 2008 
22:50 Dec 16, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H4309.IH
H4309
jlentini on DSKJ8SOYB1PROD with BILLS