Montana Code 15-63-203. Withdrawal of funds from account for purposes other than eligible costs for first-time home purchase
15-63-203. Withdrawal of funds from account for purposes other than eligible costs for first-time home purchase. (1) An account holder may withdraw money from the first-time home buyer‘s savings account for any purpose other than eligible costs for the first-time purchase of a single-family residence only on the last business day of the account administrator‘s business year. Money withdrawn from an account pursuant to this subsection must be taxed as ordinary income of the account holder.
Terms Used In Montana Code 15-63-203
- account: means an account established with an account administrator in this state pursuant to 15-63-201. See Montana Code 15-63-102
- Account administrator: means :
(a)a state or federally chartered bank, savings and loan association, credit union, or trust company;
(b)a certified public accountant licensed to practice in this state pursuant to Title 37, chapter 50; or
(c)the account holder. See Montana Code 15-63-102
- Account holder: means an individual who is a resident of this state and who establishes, individually or jointly, a first-time home buyer savings account. See Montana Code 15-63-102
- Eligible costs: means the downpayment and allowable closing costs for the purchase of a single-family residence in Montana by a first-time home buyer. See Montana Code 15-63-102
- First-time home buyer: means an individual who has never owned or purchased under contract for deed, either individually or jointly, a single-family residence in Montana or out-of-state. See Montana Code 15-63-102
- Single-family residence: means an owner-occupied residence in Montana, including a manufactured home, trailer, or mobile home, that is an improvement to real property or a condominium unit that is owned by or that has been purchased under contract for deed by a person, individually or jointly. See Montana Code 15-63-102
(2)If the account holder withdraws money from the account other than for eligible costs for the purchase of a single-family residence or other than on the last business day of the account administrator’s business year, the account administrator shall withhold from the amount of the withdrawal and, on behalf of the account holder, pay as a penalty to the department an amount equal to 10% of the amount of the withdrawal. Payments made to the department pursuant to this section must be deposited in the general fund. Money withdrawn from an account pursuant to this subsection must be taxed as ordinary income of the account holder.
(3)For the purposes of this section, “last business day of the account administrator’s business year”, as applied to an account administrator who is also the account holder, means the last weekday in December.