ORS § 316.803

Current through 2024 Regular Session legislation effective June 6, 2024
Section 316.803 - Obligations of financial institution; provision of certificates to account holders
(1) On or before January 31 of each calendar year, for calendar years beginning before January 1, 2025, a financial institution at which an account holder has created a first-time home buyer savings account shall provide to the account holder a certificate containing the following information:
(a) The date when the account was created;
(b) The name of the account holder;
(c) The amount of funds contributed to the account during the tax year;
(d) The amount of funds withdrawn from the account during the tax year; and
(e) Any other information as required by rules adopted by the Department of Revenue.
(2) A financial institution is not required to:
(a) Track the use of moneys withdrawn from a first-time home buyer savings account;
(b) Allocate funds in a first-time home buyer savings account among joint account holders; or
(c) Designate an account as a first-time home buyer savings account, including in the account contracts or systems of the financial institution.
(3) An account holder or a joint account holder may designate an account at a financial institution as a first-time home buyer savings account and may designate a proposed firsttime home buyer as the qualified beneficiary of the account. The designations required under this subsection shall be made to the Department of Revenue, in a form and manner prescribed by the department. The department may provide a means by which the designations required under this subsection are indicated on an income tax return filed by the account holder.
(4) A financial institution is not responsible or liable for:
(a) Determining or ensuring that an account satisfies the requirements to be a first-time home buyer savings account;
(b) Determining or ensuring that funds in a first-time home buyer savings account are used for eligible costs; or
(c) Reporting or remitting taxes or penalties related to the use of a first-time home buyer savings account.
(5) Upon being furnished proof of the death of the account holder and such other information required by the contract governing the first-time home buyer savings account, a financial institution shall distribute the principal and accumulated interest or other income in the first-time home buyer savings account in accordance with the terms of the contract governing the account.

ORS 316.803

Amended by 2024 Ch. 53,§ 6, eff. 6/6/2024.
2018 c. 109, § 8

Section 9, chapter 109, Oregon Laws 2018, provides:

Sec. 9. Sections 2 to 8 of this 2018 Act [316.796 to 316.803] apply to tax years beginning on or after January 1, 2019, and before January 1, 2037. [2018 c. 109, § 9]