[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2163 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2163
To amend the Internal Revenue Code of 1986 to waive early withdrawal
penalties from retirement accounts for victims of fraud.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2025
Ms. Stevens 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 waive early withdrawal
penalties from retirement accounts for victims of fraud.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Penalties for Victims of Fraud
Act''.
SEC. 2. WAIVER OF EARLY WITHDRAWAL PENALTIES FOR VICTIMS OF FRAUD.
(a) In General.--Section 72(t)(2) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(N) Distributions from retirement plans in case
of victim of fraud.--
``(i) In general.--Any distribution from an
applicable eligible retirement plan to an
individual if such distribution is made on
account of the individual being a victim of
fraud.
``(ii) Victim of fraud.--For purposes of
this subparagraph, the term `victim of fraud'
means an individual who--
``(I) submits an application for
waiver to the Secretary (in such time
and manner as the Secretary may
prescribe) which fulfils the
documentation requirement of clause
(iii), and
``(II) is designated as a victim of
fraud by the Secretary.
``(iii) Documentation requirement.--The
documentation requirement under this clause is
fulfilled if the taxpayer provides
documentation (in such time and manner as the
Secretary may prescribe) from a law enforcement
agency or a court of competent jurisdiction
establishing that the individual is the victim
of a fraudulent act that resulted in a
distribution from an applicable retirement
plan.
``(iv) Amount distributed may be repaid.--
Rules similar to the rules of subparagraph
(H)(v) shall apply.
``(v) Applicable eligible retirement
plan.--The term `applicable eligible retirement
plan' means an eligible retirement plan (as
defined in section 402(c)(8)(B)) other than a
defined benefit plan.''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 3. INFORMATION AND OUTREACH.
(a) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury (or the
Secretary's delegate) shall issue guidance on the process for claiming
the waiver of early withdrawal penalties for victims of fraud under
section 72(t)(2)(N) of the Internal Revenue Code of 1986, as added by
section 2 of this Act.
(b) Public Awareness Campaign.--As soon as practicable after the
date of the enactment of this Act, the Secretary of the Treasury (or
the Secretary's delegate) shall conduct a public awareness campaign to
educate the public about the protections and relief available under
section 72(t)(2)(N) of the Internal Revenue Code of 1986, as added by
section 2 of this Act.
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