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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78722</law_id><section_number>36-171</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-322.01</reference><reference>58.1-322.02</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="36">Housing</unit><unit label="chapter" level="2" order_by="1" identifier="12">First-Time Home Buyer Savings Plan Act</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Account holder</span>&#x201D; means an individual who establishes, individually or jointly with one or more other individuals, an account with a <span class="dictionary">financial institution</span> for which the <span class="dictionary">account holder</span> claims a <span class="dictionary">first-time home buyer savings account</span> status on his Virginia income tax return.
		&#x201C;<span class="dictionary">Allowable closing costs</span>&#x201D; means a disbursement listed on a <span class="dictionary">settlement statement</span> for the purchase of a <span class="dictionary">single-family residence</span> in the Commonwealth by a <span class="dictionary">qualified beneficiary</span>.
		&#x201C;<span class="dictionary">Eligible costs</span>&#x201D; means the down payment and <span class="dictionary">allowable closing costs</span> for the purchase of a <span class="dictionary">single-family residence</span> in the Commonwealth by a <span class="dictionary">qualified beneficiary</span>.
		&#x201C;<span class="dictionary">Financial institution</span>&#x201D; means any bank, trust company, savings institution, industrial loan association, consumer finance company, or credit union or any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the Commonwealth.
		&#x201C;<span class="dictionary">First-time home buyer savings account</span>&#x201D; or &#x201C;account&#x201D; means an account with a <span class="dictionary">financial institution</span> for which the <span class="dictionary">account holder</span> claims <span class="dictionary">first-time home buyer savings account</span> status on his Virginia income tax return for taxable year 2014 or any taxable year thereafter, pursuant to this chapter for the purpose of paying or reimbursing <span class="dictionary">eligible costs</span> for the purchase of a <span class="dictionary">single-family residence</span> in the Commonwealth by a <span class="dictionary">qualified beneficiary</span>. <span class="dictionary">Financial institutions</span> shall not be required to (i) designate an account as a <span class="dictionary">first-time home buyer savings account</span>, or designate the beneficiaries of such <span class="dictionary">accounts</span>, in the <span class="dictionary">financial institutions</span>&#x2019; account <span class="dictionary">contracts</span> or systems or in any other way; (ii) track the use of funds withdrawn from such <span class="dictionary">accounts</span>; (iii) allocate funds in such <span class="dictionary">accounts</span> among joint account owners or multiple beneficiaries; or (iv) report any of the information stated in clause (i), (ii), or (iii) to the Department of Taxation or other governmental agency. <span class="dictionary">Financial institutions</span> shall not be responsible for or liable for (a) determining or ensuring that an account satisfies the requirements to be a <span class="dictionary">first-time home buyer savings account</span>, (b) determining or ensuring that costs are <span class="dictionary">eligible costs</span>, or (c) reporting or remitting taxes or penalties for such <span class="dictionary">accounts</span>.
		&#x201C;<span class="dictionary">Qualified beneficiary</span>&#x201D; means only an individual who resides in the Commonwealth at the time of settlement on the purchase of a <span class="dictionary">single-family residence</span> in the Commonwealth who (i) has never owned or purchased under <span class="dictionary">contract</span> for deed, either individually or jointly, a <span class="dictionary">single-family residence</span> in the Commonwealth or outside of the Commonwealth; (ii) is designated as the beneficiary of an account designated by the <span class="dictionary">account holder</span> as a <span class="dictionary">first-time home buyer savings account</span>; and (iii) may apply moneys or funds held in such account for <span class="dictionary">eligible costs</span>. A <span class="dictionary">qualified beneficiary</span> may use the funds from such account for <span class="dictionary">eligible costs</span> regardless of whether such <span class="dictionary">qualified beneficiary</span> purchases the <span class="dictionary">single-family residence</span> as sole owner or jointly with another individual.
		&#x201C;<span class="dictionary">Settlement statement</span>&#x201D; means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974 (RESPA), 12 U.S.C. &#xA7;&#xA0;2601 et seq., as amended, and the regulations thereunder, or an executed sales agreement for the purchase of a manufactured home being conveyed as personal property.
		&#x201C;<span class="dictionary">Single-family residence</span>&#x201D; means a <span class="dictionary">single-family residence</span> owned and occupied by a <span class="dictionary">qualified beneficiary</span>, including a manufactured home, trailer, mobile home, condominium unit, or cooperative.</p></section></text><history>2014, c. 729, &#xA7; 55-555; 2019, c. 712.</history><metadata></metadata></law>
