to be treated as a parental leave savings account under this section solely because the account provides for distributions from a parental leave savings account to a qualified tuition program (as defined in section 529(b)) or a qualified ABLE program (as defined in section 529A(b)) of the taxpayer or a child of the taxpayer (as defined in section 529(e)). (ii) Tax treatment Paragraph (1) shall not apply to so much of any such distribution as is allocable to earnings on the amounts contributed by the taxpayer to the parental leave savings account. (4) Additional tax for distributions not used for early parenthood payments The tax imposed by this chapter on the account owner for any taxable year in which there is a payment or distribution from a parental leave savings account of such account owner which is includible in gross income under subparagraph (1) shall be increased by 20 percent of the amount which is so includible. The preceding sentence shall not apply to the portion of a distribution described in subparagraph (C)(i) that is so includible. (5) Excess Contributions Returned Before Due Date of Return (A) In general If any excess contribution is contributed for a taxable year to any parental leave savings account of an individual, paragraph (1) shall not apply to distributions from the parental leave savings account of such individual (to the extent such distributions do not exceed the aggregate excess contributions to the account of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual’s return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution means any