118 STAT. 1183 PUBLIC LAW 108–311—OCT. 4, 2004 SEC. 322. AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS. (a) IN GENERAL.—Paragraphs (2) and (3)(B) of section 220(i) (defining cut off year) are each amended by striking ‘‘2003’’ each place it appears in the text and headings and inserting ‘‘2005’’. (b) CONFORMING AMENDMENTS.— (1) Paragraph (2) of section 220(j) is amended— (A) in the text by striking ‘‘or 2002’’ each place it appears and inserting ‘‘2002, or 2004’’, and (B) in the heading by striking ‘‘OR 2002’’ and inserting ‘‘2002, OR 2004’’. (2) Subparagraph (A) of section 220(j)(4) is amended by striking ‘‘and 2002’’ and inserting ‘‘2002, and 2004’’. (3) Subparagraph (C) of section 220(j)(2) is amended to read as follows: ‘‘(C) NO LIMITATION FOR 2000 OR 2003.—The numerical limitation shall not apply for 2000 or 2003.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on January 1, 2004. (d) TIME FOR FILING REPORTS, ETC.— (1) The report required by section 220(j)(4) of the Internal Revenue Code of 1986 to be made on August 1, 2004, shall be treated as timely if made before the close of the 90 day period beginning on the date of the enactment of this Act. (2) The determination and publication required by section 220(j)(5) of such Code with respect to calendar year 2004 shall be treated as timely if made before the close of the 120 day period beginning on the date of the enactment of this Act. If the determination under the preceding sentence is that 2004 is a cut off year under section 220(i) of such Code, the cut off date under such section 220(i) shall be the last day of such 120 day period. TITLE IV—TAX TECHNICAL CORRECTIONS SEC. 401. AMENDMENTS RELATED TO MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003. (a) AMENDMENTS RELATED TO SECTION 1201 OF THE ACT.— (1) Paragraph (2) of section 26(b) is amended by striking ‘‘and’’ at the end of subparagraph (Q), by striking the period at the end of subparagraph (R) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(S) section 223(f)(4) (relating to additional tax on health savings account distributions not used for qualified medical expenses). (2) Paragraph (3) of section 35(g) is amended to read as follows: ‘‘(3) MEDICAL AND HEALTH SAVINGS ACCOUNTS.—Amounts distributed from an Archer MSA (as defined in section 220(d)) or from a health savings account (as defined in section 223(d)) shall not be taken into account under subsection (a).’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as if included in section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. 26 USC 26 note. 26 USC 26. Deadlines. 26 USC 220 note. 26 USC 220 note.
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