I.R.C. § 4973(a) Tax Imposed —
In the case of—
I.R.C. § 4973(a)(1) —
an individual retirement account
(within the meaning of section 408(a)),
I.R.C. § 4973(a)(2) —
an Archer MSA (within the meaning
of section 220(d)),
I.R.C. § 4973(a)(3) —
an individual retirement annuity (within
the meaning of section 408(b)),
a custodial account treated as an annuity contract under section
403(b)(7)(A) (relating
to custodial accounts for regulated investment company stock),
I.R.C. § 4973(a)(4) —
a Coverdell education savings account
(as defined in section 530),
I.R.C. § 4973(a)(5) —
a health savings account (within
the meaning of section 223(d)),
or
I.R.C. § 4973(a)(6) —
an ABLE account (within the meaning of section 529A),
there is imposed for each taxable year a tax in an
amount equal to 6 percent of the amount of the excess contributions
to such individual's accounts or annuities (determined as of the
close of the taxable year). The amount of such tax for any taxable
year shall not exceed 6 percent of the value of the account or annuity
(determined as of the close of the taxable year). In the case of
an endowment contract described in section 408(b), the tax imposed by this
section does not apply to any amount allocable to life, health, accident,
or other insurance under such contract. The tax imposed by this subsection
shall be paid by such individual.
I.R.C. § 4973(b) Excess Contributions —
For purposes of this section, in the case of individual
retirement accounts or individual retirement annuities, the term
“excess contributions” means the sum of—
I.R.C. § 4973(b)(1) —
the excess (if any) of—
I.R.C. § 4973(b)(1)(A) —
the amount contributed for the taxable
year to the accounts or for the annuities (other than a contribution
to a Roth IRA or a rollover contribution described in section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16)), over 1
1 Section 521(b)(41) of the Unemployment Compensation
Amendments of 1992, as amended by Pub. L. 104-188, Sec. 1704(t)(72),
amended subparagraph (A) of section 4973(b)(1) by striking “section
402(a)(5), 402(a)(7)” and inserting “sections 402(c)”.
I.R.C. § 4973(b)(1)(B) —
the amount allowable as a deduction
under section 219
for such contributions, and
I.R.C. § 4973(b)(2) —
the amount determined under this
subsection for the preceding taxable year reduced by the sum of—
I.R.C. § 4973(b)(2)(A) —
the distributions out of the account
for the taxable year which were included in the gross income of the
payee under section 408(d)(1),
I.R.C. § 4973(b)(2)(B) —
the distributions out of the account
for the taxable year to which section 408(d)(5) applies, and
I.R.C. § 4973(b)(2)(C) —
the excess (if any) of the maximum
amount allowable as a deduction under section 219 for the taxable year over the
amount contributed (determined without regard to section 219(f)(6)) to the accounts
or for the annuities (including the amount contributed to a Roth IRA)
for the taxable year.
For purposes of this subsection,
any contribution which is distributed from the individual retirement
account or the individual retirement annuity in a distribution to
which section 408(d)(4) applies
shall be treated as an amount not contributed. For purposes of paragraphs
(1)(B) and (2)(C), the amount allowable as a deduction under section 219 shall be computed without
regard to section 219(g).
Such term shall not include any designated nondeductible contribution
(as defined in subparagraph (C) of section 408(o)(2)) which does not
exceed the nondeductible limit under subparagraph (B) thereof by reason
of an election under section 408(o)(5).
I.R.C. § 4973(c) Section 403(b) Contracts —
For purposes of this section, in the case of a custodial
account referred to in subsection (a)(3), the term “excess
contributions” means the sum of—
I.R.C. § 4973(c)(1) —
the excess (if any) of the amount
contributed for the taxable year to such account (other than a rollover
contribution described in section 403(b)(8) or 408(d)(3)(A)(iii)),
over the lesser of the amount excludable from gross income under
section 403(b) or
the amount permitted to be contributed under the limitations contained
in section 415 (or
under whichever such section is applicable, if only one is applicable),
and
I.R.C. § 4973(c)(2) —
the amount determined under this
subsection for the preceding taxable year, reduced by—
I.R.C. § 4973(c)(2)(A) —
the excess (if any) of the lesser
of (i) the amount excludable from gross income under section 403(b) or (ii) the amount permitted
to be contributed under the limitations contained in section 415 over the amount contributed
to the account for the taxable year (or under whichever such section
is applicable, if only one is applicable), and
I.R.C. § 4973(c)(2)(B) —
the sum of the distributions out
of the account (for all prior taxable years) which are included in
gross income under section 72(e).
I.R.C. § 4973(d) Excess Contributions To Archer MSAs —
For purposes of this section, in the case of Archer
MSAs (within the meaning of section 220(d)), the term “excess
contributions” means the sum of—
I.R.C. § 4973(d)(1) —
the aggregate amount contributed
for the taxable year to the accounts (other than rollover contributions
described in section 220(f)(5))
which is neither excludable from gross income under section 106(b) nor allowable as a deduction
under section 220 for
such year, and
I.R.C. § 4973(d)(2) —
the amount determined under this
subsection for the preceding taxable year, reduced by the sum of—
I.R.C. § 4973(d)(2)(A) —
the distributions out of the accounts
which were included in gross income under section 220(f)(2), and
I.R.C. § 4973(d)(2)(B) —
the excess (if any) of—
I.R.C. § 4973(d)(2)(B)(i) —
the maximum amount allowable as
a deduction under section 220(b)(1) (determined
without regard to section 106(b))
for the taxable year, over
I.R.C. § 4973(d)(2)(B)(ii) —
the amount contributed to the accounts
for the taxable year.
For purposes of this subsection,
any contribution which is distributed out of the Archer MSA in a
distribution to which section 220(f)(3) or
section 138(c)(3) applies
shall be treated as an amount not contributed.
I.R.C. § 4973(e) Excess Contributions To Coverdell Education Savings Accounts —
For purposes of this section—
I.R.C. § 4973(e)(1) In General —
In the case of Coverdell education
savings accounts maintained for the benefit of any 1 beneficiary,
the term “excess contributions” means the sum of—
I.R.C. § 4973(e)(1)(A) —
the amount by which the amount
contributed for the taxable year to such accounts exceeds $2,000
(or, if less, the sum of the maximum amounts permitted to be contributed
under section 530(c) by
the contributors to such accounts for such year); and
I.R.C. § 4973(e)(1)(B) —
the amount determined under this
subsection for the preceding taxable year, reduced by the sum of—
I.R.C. § 4973(e)(1)(B)(i) —
the distributions out of the accounts
for the taxable year (other than rollover distributions); and
I.R.C. § 4973(e)(1)(B)(ii) —
the excess (if any) of the maximum
amount which may be contributed to the accounts for the taxable year
over the amount contributed to the accounts for the taxable year.
I.R.C. § 4973(e)(2) Special Rules —
For purposes of paragraph (1), the following contributions
shall not be taken into account:
I.R.C. § 4973(e)(2)(A) —
Any contribution which is distributed
out of the Coverdell education savings account in a distribution
to which section 530(d)(4)(C) applies.
I.R.C. § 4973(e)(2)(B) —
Any rollover contribution.
I.R.C. § 4973(f) Excess Contributions To Roth IRAs —
For purposes of this section, in the case of contributions
to a Roth IRA (within the meaning of section 408A(b)), the term “excess
contributions” means the sum of—
I.R.C. § 4973(f)(1) —
the excess (if any) of—
I.R.C. § 4973(f)(1)(A) —
the amount contributed for the
taxable year to Roth IRAs (other than a qualified rollover contribution
described in section 408A(e)),
over
I.R.C. § 4973(f)(1)(B) —
the amount allowable as a contribution
under sections 408A(c)(2) and (c)(3), and
I.R.C. § 4973(f)(2) —
the amount determined under this
subsection for the preceding taxable year, reduced by the sum of—
I.R.C. § 4973(f)(2)(A) —
the distributions out of the accounts
for the taxable year, and
I.R.C. § 4973(f)(2)(B) —
the excess (if any) of the maximum
amount allowable as a contribution under sections 408A(c)(2) and (c)(3) for the taxable year
over the amount contributed by the individual to all individual retirement
plans for the taxable year.
For purposes of this subsection, any contribution which
is distributed from a Roth IRA in a distribution described in section
408(d)(4) shall
be treated as an amount not contributed.
I.R.C. § 4973(g) Excess Contributions To Health Savings Accounts —
For purposes of this section, in the case of health
savings accounts (within the meaning of section 223(d)), the term “excess contributions"
means the sum of—
I.R.C. § 4973(g)(1) —
the aggregate amount contributed for
the taxable year to the accounts (other than a rollover contribution
described in section 220(f)(5) or 223(f)(5)) which is neither
excludable from gross income under section 106(d) nor allowable as a
deduction under section 223 for
such year, and
I.R.C. § 4973(g)(2) —
the amount determined under this subsection
for the preceding taxable year, reduced by the sum of—
I.R.C. § 4973(g)(2)(A) —
the distributions out of the accounts
which were included in gross income under section 223(f)(2), and
I.R.C. § 4973(g)(2)(B) —
the excess (if any) of—-
I.R.C. § 4973(g)(2)(B)(i) —
the maximum amount allowable as a deduction
under section 223(b) (determined
without regard to section 106(d))
for the taxable year, over
I.R.C. § 4973(g)(2)(B)(ii) —
the amount contributed to the accounts
for the taxable year.
For purposes of this subsection,
any contribution which is distributed out of the health savings
account in a distribution to which section 223(f)(3) applies shall be
treated as an amount not contributed.
I.R.C. § 4973(h) Excess Contributions To ABLE Account —
For purposes of this section—
I.R.C. § 4973(h)(1) In General —
In the case of an ABLE account (within the meaning of section 529A), the term “excess
contributions” means the amount by which the amount contributed
for the taxable year to such account (other than contributions under
section 529A(c)(1)(C))
exceeds the contribution limit under section 529A(b)(2)(B).
I.R.C. § 4973(h)(2) Special Rule —
For purposes of this subsection, any contribution which
is distributed out of the ABLE account in a distribution to which
the last sentence of section
529A(b)(2) applies shall be treated as an amount
not contributed.
(Added by Pub. L. 93-406,
title II, 2002(d), Sept. 2, 1974, 88 Stat. 966, and amended Pub. L. 94-455, title XV, 1501(b)(8),
title XIX, 1904(a)(22), Oct. 4, 1976, 90 Stat. 1736, 1814; Pub. L. 95-600, title I, 156(c)(3),
(5), 157(b)(3), (j)(1), title VII, 701(aa)(1), Nov. 6, 1978, 92 Stat.
2803, 2804, 2809, 2921; Pub. L. 96-222,
title I, 101(a)(13)(C), (14)(B), Apr. 1, 1980, 94 Stat. 204; Pub. L. 97-34, title III, 311(h)(7),
(9), (10), 313(b)(2), Aug. 13, 1981, 95 Stat. 282, 286; Pub. L. 98-369, div. A, title IV,
491(d)(41)-(44), (55), July 18, 1984, 98 Stat. 851, 852; Pub. L. 99-514, title XI, 1102(b)(1),
title XVIII, 1848(f), Oct. 22, 1986, 100 Stat. 2415, 2858; Pub. L. 100-647, title I, 1011(b)(3),
Nov. 10, 1988, 102 Stat. 3456; Pub. L.
102-318, title V, Sec. 521(b)(41), July 3, 1992; Pub. L. 104-188, title I, 1704(t)(70),
(72), Aug. 20, 1996, 110 Stat. 1755; Pub.
L. 104-191, title III, 301(e), Aug. 21, 1996, 110
Stat. 1936 ;Pub. L. 105-34,
title II, II, Sec. 213(d)(1), 213(d)(2), 302(b), Aug. 5, 1997, 111
Stat 788; Pub. L. 105-206,
title VI, Secs. 6004(d)(10), 6005(b)(8), July 22, 1998, 112 Stat.
685; Pub. L. 106-554,
Sec. 202, Dec. 21, 2000, 114 Stat. 2763; Pub.
L. 107-16, title IV, Sec. 401, 402, title VI, Sec.
641, June 7, 2001, 115 Stat. 38; Pub.
L. 107-22, Sec. 1, July 26, 2001, 115 Stat. 196; Pub. L. 108-173, title XII, Sec.
1201, Dec. 8, 2003, 117 Stat. 2066; Pub.
L. 108-311, title IV, Sec. 408(a)(22), Oct. 4, 2004,
118 Stat. 1166; Pub. L. 113-295,
Div. B, title I, Sec. 102(b), Dec. 19, 2014, 128 Stat. 4010; Pub. L. 117-328, Div. T, title
IV, Sec. 401(a)(3), Dec. 29, 2022, __Stat. __.)
BACKGROUND NOTES
AMENDMENTS
2022-Subsec. (b). Pub.
L. 117-328, Div. T, Sec. 401(a)(3), amended subsec.
(b) by adding the following sentence at the end of the flush matter: ‘‘Such
term shall not include any designated nondeductible contribution (as
defined in subparagraph (C) of section 408(o)(2)) which does not exceed
the nondeductible limit under subparagraph (B) thereof by reason of
an election under section 408(o)(5).’’.
2014-Subsec. (a)(4)-(6). Pub. L. 113-295, Div. B, Sec. 102(b)(1),
amended subsec. (a) by striking “or” at the end of par.
(4), by inserting “or” at the end of par. (5), and by
adding par. (6).
Subsec. (h). Pub.
L. 113-295, Div. B, Sec. 102(b)(2), added subsec.
(h).
2004-Subsec. (c). Pub. L. 108-311, Sec. 408(a)(22),
amended subsec. (c) by substituting “subsection (a)(3)” for “subsection
(a)(2)”.
2003-Subsec. (a)(3)-(5). Pub. L. 108-173, Sec. 1201(e),
amended par. (3) by striking “or” at the end; amended par. (4) by
substituting “or” for the period at the end; and added par. (5).
2003-Subsec. (g). Pub. L. 108-173, Sec. 1201(e),
added subsec. (g).
2001-Subsec. (a). Pub. L. 107-22, Sec. 1(b)(1)(C),
amended subsec. (a) by substituting “a Coverdell education savings"
for “an education individual retirement”.
Subsec. (e). Pub. L. 107-22, Sec. 1(b)(2)(B),
amended subsec. (e) by substituting “Coverdell education savings"
for “education individual retirement” each place it appeared.
Subsec. (e). Pub.
L. 107-22, Sec. 1(b)(4), amended the heading of subsec.
(e) by substituting “Coverdell education savings” for “education
individual retirement”.
Subsec. (b)(1)(A). Pub. L. 107-16, Sec. 641(e)(11),
amended subpar. (A) by substituting “408(d)(3), or 457(e)(16)” for
“or 408(d)(3)”.
Subsec. (e). Pub. L. 107-16, Sec. 402(a)(4)(A),
amended subsec. (e) by striking “State”.
Subsec. (e)(1)(A). Pub. L. 107-16, Sec. 401(a)(2),
amended subpar. (A) by substituting “$2,000” for “$500”.
Subsec. (e)(1)(A)-(C). Pub. L. 107-16, Sec. 401(g)(2)(D),
amended subpar. (A) by adding “and” at the end; struck subpar. (B);
and redesignated subpar. (C) as (B). Before being struck, subpar.
(B) read as follows:
“(B) if any amount is contributed
(other than a contribution described in section 530(b)(2)(B)) during
such year to a qualified tuition program for the benefit of such beneficiary,
any amount contributed to such accounts for such taxable year, and”
2000--Subsec. (a)(2). Pub. L. 106-554, Sec. 202, substituted
“Archer MSA” for “medical savings account”.
Subsec. (d). Pub.
L. 106-554, Sec. 202, substituted “Archer MSAs” for
“medical savings accounts” in the heading and text and substituted
“Archer MSA” for “medical savings account”.
1998--Subsec. (b)(1)(A). Pub. L. 105-206, Sec. 6005(b)(8)(B),
amended subpar. (B) by inserting “a contribution to a Roth IRA IRA
or” after “other than”.
Subsec. (b)(2)(C). Pub. L. 105-206, Sec. 6005(b)(8)(B),
amended subpar. (C) by inserting “(including the amount contributed
to a Roth IRA)” after “annuities”.
Subsec. (e)(1). Pub. L. 105-206, Sec. 6004(d)(10)(B),
amended par. (1). Prior to amendment it read as follows:
“(1) In general.--
In the case of education individual retirement
accounts maintained for the benefit of any 1 beneficiary, the term
‘excess contributions’ means--
“(A)
the amount by which the amount contributed for
the taxable year to such accounts exceeds $500, and
“(B)
any amount contributed to such account for any
taxable year if any amount is contributed during such year to a qualified
State tuition program for the benefit of such beneficiary.”
Subsec. (e)(2). Pub. L. 105-206, Sec. 6004(d)(10)(B),
amended par. (2) by striking subpar. (B) and by redesignating subpar.
(C) as subpar. (B).
Subsec. (f)(1)(A). Pub. L. 105-206, Sec. 6005(b)(8)(A),
amended subpar. (A) by substituting “Roth IRAs” for “such accounts”.
Subsec. (f)(2)(B). Pub. L. 105-206, Sec. 6005(b)(8)(A),
amended subpar. (B) by substituting “by the individual to all individual
retirement plans” for “to the accounts”.
Sec. 4973. Pub. L. 105-206, Sec. 6023(18)(A),
amended the heading of Sec. 4973. Prior to being amended it read as
follows:
“Tax on excess contributions to individual retirement
accounts, medical savings accounts, certain section 403(b) contracts,
and certain individual retirement annuities”.
1997--Subsec. (a)(2). Pub. L. 105-34, Sec. 213(d)(1),
struck the comma at the end of par. (2).
Subsec. (a)(3). Pub. L. 105-34, Sec. 213(d)(1),
substituted “or” for “.” at the end of par. (3).
Subsec. (a)(4). Pub. L. 105-34, Sec. 213(d)(1),
added par. (4).
Subsec. (e). Pub.
L. 105-34, Sec. 213(d)(2), added subsec. (e).
Subsec. (f). Pub.
L. 105-34, Sec. 302(b), added subsec. (f).
Subsec. (d). Pub. L. 105-33, Sec. 4006(b)(1),
inserted “or section 138(c)(3)” after “section 220(f)(3)”.
1996--Subsec. (b)(1)(A). Pub. L. 104-188, Sec. 1704(t)(70),
substituted “section 402(c)” for “sections 402(c)”.
Sec. 4973. Pub.
L. 104-191, Sec. 301(e)(1), inserted “medical savings
accounts,” after “accounts,” in the heading.
Subsec. (a)(1), (2), (3). Pub. L. 104-191, Sec. 301(e)(2),
(3), struck “or” at the end of par. (1); redesignated par. (2) as
par. (3); and added new par. (2).
Subsec. (d). Pub. L. 104-191, Sec. 301(e)(4),
added subsec. (d).
1992—Subsec. (b)(1)(A). Pub. L. 102-318, Sec. 521(b)(41),
amended subpar. (A) by substituting “sections 402(c)”
for “section 402(a)(5), 402(a)(7)”.
1988--Subsec. (b). Pub. L. 100-647 substituted “shall
be computed without regard to section 219(g)” for “(after application
of section 408(o)(2)(B)(ii)) shall be increased by the nondeductible
limit under section 408(o)(2)(B)” in last sentence.
1986--Subsec. (b). Pub. L. 99-514, 1102(b)(1), inserted
at end “For purposes of paragraphs (1)(B) and (2)(C), the amount allowable
as a deduction under section 219 (after application of section 408(o)(2)(B)(ii))
shall be increased by the nondeductible limit under section 408(o)(2)(B).”
Pub. L. 99-514,
1848(f), in introductory provisions, substituted “or individual retirement
annuities” for “,individual retirement annuities, or bonds”, in par.
(1)(A), substituted “(other than a rollover contribution described
in section 402(a)(5), 402(a)(7), 403(a)(4), 403(b)(8), or 408(d)(3)),
over” for “or bonds (other than a rollover contribution described
in section 402(a)(5), 402(a)(7), 403(a)(4), 403(b)(8), 405(d)(3),
or 408(d)(3)), over”, and in par. (2)(A), struck out “or bonds” after
“for the annuities”.
1984--Pub. L. 98-369, 491(d)(55), substituted
“and certain individual retirement annuities” for “certain individual
retirement annuities, and certain retirement bonds” in section catchline.
Subsec. (a). Pub.
L. 98-369, 491(d)(41), inserted “or” at end of par.
(1), struck out “or” at end of par. (2), struck out par. (3) which
imposed a tax in the case of a retirement bond, within the meaning
of section 409, established for the benefit of any individual, and
in the concluding provision substituted “or annuity” for “,annuity,
or bond” and “or annuities” for “,annuities, or bonds”.
Subsec. (b). Pub.
L. 98-369, 491(d)(43), substituted in provision following
par. (2)(C) “or the individual retirement annuity” for “,individual
retirement annuity, or bond”.
Subsec. (b)(1)(A). Pub.
L. 98-369, 491(d)(42), which directed the amendment
of subpar. (A) by substituting “and 408(d)(3)” for “408(d)(3), and
409(b)(3)(C)” was executed, as the probable intent of Congress, by
substituting “or 408(d)(3))” for “408(d)(3)), or 409(b)(3)(C)”.
Subsec. (c)(1). Pub.
L. 98-369, 491(d)(44), substituted “or 408(d)(3)(A)(iii)"
for “,408(d)(3)(A)(iii), or 409(b)(3)(C)”.
1981--Subsec. (a). Pub. L. 97-34, 311(h)(9), substituted
“The tax imposed by this subsection shall be paid by such individual"
for “The tax imposed by this subsection shall be paid by the individual
to whom a deduction is allowed for the taxable year under section
219 (determined without regard to subsection (b)(1) thereof) or section
220 (determined without regard to subsection (b)(1) thereof), whichever
is appropriate”.
Subsec. (b)(1)(A). Pub.
L. 97-34, 313(b)(2), inserted “405(d)(3),” after
“403(b)(8),”.
Subsec. (b)(1)(B). Pub.
L. 97-34, 311(h)(7), substituted “section 219” for
“section 219 or 220”.
Subsec. (b)(2)(C). Pub.
L. 97-34, 311(h)(7), (10), substituted “section 219"
for “section 219 or 220”, and “section 219(f)(6)” for “sections 219(c)(5)
and 220(c)(6)”.
1980--Subsec. (b)(1)(A). Pub. L. 96-222, 101(a)(14)(B), inserted
reference to section 402(a)(7).
Subsec. (c)(1). Pub.
L. 96-222, 101(a)(13)(C), substituted “409(b)(3)(C)"
for “409(d)(3)(C)”.
1978--Subsec. (b)(1)(A). Pub. L. 95-600, 156(c)(3), inserted
reference to section 403(b)(8).
Subsec. (b)(2). Pub.
L. 95-600, 157(b)(3), substituted “reduced by the
sum of--” for “reduced by the excess (if any) of”, struck out “the
maximum amount allowable as a deduction under section 219 or 220 for
the taxable year over the amount contributed to the accounts or for
the annuities or bonds for the taxable years and reduced by the sum
of the distributions out of the account (for the taxable year and
all prior taxable years) which were included in the gross income of
the payee under section 408(d)(1)” in provision preceding par. (A),
and added subpars. (A), (B), and (C).
Subsec. (b). Pub.
L. 95-600, 157(j)(1), 701(aa)(1), struck out in last
sentence “if such distribution consists of an excess contribution
solely because of employer contributions to a plan or contract described
in section 219(b)(2) or by reason of the application of section 219(b)(1)
(without regard to the $1,500 limitation) or section 220(b)(1) (without
regard to the $1,750 limitation) and only if such distribution does
not exceed the excess of $1,500 or $1,750 if applicable, over the
amount described in paragraph (1)(B)” after “as an amount not contributed”.
Subsec. (c)(1). Pub.
L. 95-600, 156(c)(5), inserted “(other than a rollover
contribution described in section 403(b)(8), 408(d)(3)(A)(iii), or
409(d)(3)(C))” after “account”.
1976--Subsec. (a)(3). Pub. L. 94-455, 1501(b)(8)(A), 1904(a)(22)(A),
substituted “the individual to whom a deduction is allowed for the
taxable year under section 219 (determined without regard to subsection
(b)(1) thereof) or section 220 (determined without regard to subsection
(b)(1) thereof), whichever is appropriate” for “such individual”,
effective for taxable years beginning after December 31, 1976 and
substituted “such individual” for “the individual to whom a deduction
is allowed for the taxable year under section 219 (determined without
regard to subsection (b)(1) thereof) or section 220 (determined without
regard to subsection (b)(1) thereof), whichever is appropriate”, effective
for the first day of the first month which begins more than 90 days
after Oct. 4, 1976.
Subsec. (b)(1)(B). Pub.
L. 94-455, 1501(b)(8)(B), inserted “or 220” after
“under section 219”.
Subsec. (b)(2). Pub.
L. 94-455, 1501(b)(8)(C), inserted “or 220” after
“under section 219” and “the taxable year and” before “all prior taxable
years” and struck out provisions relating to the treatment of contributions
out of individual retirement accounts, annuities or bonds to which
section 408(d)(4) applied.
Subsec. (c). Pub.
L. 94-455, 1904(a)(22)(B), substituted “subsection
(a)(2)” for “subsection (a)(3)” in provisions preceding par. (1).
EFFECTIVE
DATE OF 2022 AMENDMENTS
Amendments
by Pub. L. 117-328,
Div. T, Sec. 401(a)(3), shall take effect as if included in the section
of the Setting Every Community Up for Retirement Enhancement Act of
2019 to which the amendment relates. [Pub.
L. 116-94, Div. O; Enacted: Dec. 20. 2019]
EFFECTIVE DATE OF 2014 AMENDMENTS
Amendments by Pub.
L. 113-295, Div. B, Sec. 102(b)(1), effective for
taxable years beginning after December 31, 2014.
EFFECTIVE
DATE OF 2004 AMENDMENT
Amendment
by Sec. 408(a)(22) of Pub. L. 108-311 applicable
on the date of the enactment of this Act [Enacted: Oct. 4, 2004].
EFFECTIVE DATE OF 2003 AMENDMENTS
Amendments by Sec. 1201(e) of Pub. L. 108-173 applicable to taxable
years beginning after December 31, 2003.
EFFECTIVE DATE OF 2001 AMENDMENTS
Amendments by Sec. 1 of Pub. L. 107-22 applicable on the
date of the enactment of this Act [Enacted: July 26, 2001].
Amendment by Sec. 641(e)(11) of Pub. L. 107-16 applicable to distributions
after December 31, 2001.
Amendments by Sec. 401 of Pub. L. 107-16 applicable to taxable
years beginning after December 31, 2001.
Amendment by Sec. 402 of Pub. L. 107-16 applicable to taxable
years beginning after December 31, 2001.
Section
901 (Sunset of Provisions of Act) of Pub.
L. 107-16, as amended by Pub. L. 107-358 and Pub. L. 111-312, Sec. 101(a),
and struck by Pub. L. 112-240,
Sec. 101(a)(1) (effective for taxable, plan, or limitation
years beginning after Dec. 31, 2012, and estates of decedents dying,
gifts made, or generation skipping transfers after Dec. 31, 2012),
provided that:
“(a)
IN GENERAL.--All provisions of, and amendments made by, this Act shall
not apply--
“(1) to taxable, plan, or limitation years beginning
after December 31, 2012, or
“(2) in the case of title V, to estates of decedents
dying, gifts made, or generation skipping transfers, after December
31, 2012.
“(b)
APPLICATION OF CERTAIN LAWS.--The Internal Revenue Code of 1986 and
the Employee Retirement Income Security Act of 1974 shall be applied
and administered to years, estates, gifts, and transfers described
in subsection (a) as if the provisions and amendments described in
subsection (a) had never been enacted.
“(c)
EXCEPTION.-Subsection (a) shall not apply to section 803 (relating
to no federal income tax on restitution received by victims of the
Nazi regime or their heirs or estates).”
PENSIONS AND INDIVIDUAL RETIREMENT ARRANGEMENT
PROVISIONS OF ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF
2001 MADE PERMANENT
Section 811 of Pub.
L. 109-280 provided that:
“Title IX of the Economic Growth and Tax Relief
Reconciliation Act of 2001 shall not apply to the provisions of,
and amendments made by, subtitles A through F of title VI of such
Act (relating to pension and individual retirement arrangement provisions).”
QUALIFIED TUITION PROGRAMS
Section 1304(a) of Pub.
L. 109-280 provided that:
“(a) Permanent Extension of Modifications- Section
901 of the Economic Growth and Tax Relief Reconciliation Act of
2001 (relating to sunset provisions) shall not apply to section
402 of such Act (relating to modifications to qualified tuition
programs).”
EFFECTIVE DATE OF 1998 AMENDMENTS
Amendments by Sec. 6004(d)(10) of Pub. L. 105-206 applicable as if
included in the provisions of the Taxpayer Relief Act of 1997 to which
they relate [Effective Date of Pub.
L. 105-34, Sec. 213: taxable years beginning after
December 31, 1997].
Amendments by Sec. 6005(b)(8) of Pub. L. 105-206 applicable as if
included in the provisions of the Taxpayer Relief Act of 1997 to which
they relate [Effective Date of Pub.
L. 105-34, Sec. 302: taxable years beginning after
December 31, 1997].
Amendment by Sec. 6023(18)(A) of Pub. L. 105-206 applicable on the
date of the enactment of this Act [enacted: July 22, 1998].
EFFECTIVE DATE OF 1997 AMENDMENTS
Amendments by Sec. 213(d) of Pub. L. 105-34 applicable to taxable
years beginning after December 31, 1997.
Amendment by Sec. 302(b) of Pub. L. 105-34 applicable to taxable
years beginning after December 31, 1997.
Amendment by Sec. 4006(b)(1) of Pub. L. 105-33 applicable to taxable
years beginning after December 31, 1998.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub.
L. 104-191, Sec. 301(e), effective for taxable years
beginning after Dec. 31, 1996.
EFFECTIVE DATE OF 1992
AMENDMENT
Amendment by Pub. L. 102-318, Sec. 521(b)(41), effective
for distributions after Dec. 31, 1992.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub.
L. 100-647 effective, except as otherwise provided,
as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment
relates, see section 1019(a) of Pub.
L. 100-647, set out as a note under section 1 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1102(b)(1) of Pub. L. 99-514 applicable to contributions
and distributions for taxable years beginning after Dec. 31, 1986,
see section 1102(g) of Pub. L. 99-514,
set out as a note under section 219 of this title.
Amendment by section 1848(f) of Pub. L. 99-514 effective, except
as otherwise provided, as if included in the provisions of the Tax
Reform Act of 1984, Pub. L. 98-369,
div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514, set out as a note
under section 48 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub.
L. 98-369 applicable to obligations issued after
Dec. 31, 1983, see section 491(f)(1) of Pub.
L. 98-369, set out as a note under section 62 of
this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by section 311(h)(7), (9), (10) of Pub. L. 97-34 applicable to taxable
years beginning after Dec. 31, 1981, see section 311(i)(1) of Pub. L. 97-34, set out as a note under
section 219 of this title.
Amendment by section 313(b)(2) of Pub. L. 97-34 applicable to redemptions
after Aug. 13, 1981, in taxable years ending after such date, see
section 313(c) of Pub. L. 97-34,
set out as a note under section 219 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub.
L. 96-222 effective, except as otherwise provided,
as if it had been included in the provision of the Revenue Act of
1978, Pub. L. 95-600,
to which such amendment relates, see section 201 of Pub. L. 96-222, set out as a note
under section 22 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by section 156(c)(3), (5) of Pub. L. 95-600 applicable to distributions
or transfers made after Dec. 31, 1977, in taxable years beginning
after such date, see section 156(d) of Pub.
L. 95-600, set out as a note under section 403 of
this title.
Amendment by section 157(b)(3) of Pub. L. 95-600 applicable to the
determination of deductions for taxable years beginning after Dec.
31, 1975, see section 157(b)(4)(A) of Pub.
L. 95-600, set out as a note under section 219 of
this title.
Section 157(j)(2) of Pub.
L. 95-600 provided that: “The amendment made by paragraph
(1) [amending this section] shall apply to contributions made for
taxable years beginning after December 31, 1977.”
Section 701(aa)(2) of Pub.
L. 95-600 provided that: “The amendment made by paragraph
(1) [amending this section] shall apply as if included in section
1501 of the Tax Reform Act of 1976 [section 1501 of Pub. L. 94-455] at the time of the
enactment of such Act [Oct. 4, 1976].”
Section 703(j)(13) of Pub.
L. 95-600 provided that: “Notwithstanding section
1904(d) of the Tax Reform Act of 1976 [Pub.
L. 94-455, set out as an Effective Date of 1976 Amendment
note under section 4041 of this title], the amendment made by section
1904(a)(22)(A) of such Act [amending this section] shall take effect
on the date of the enactment of such Act [Oct. 4, 1976].”
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1501(b)(8) of Pub. L. 94-455 applicable to taxable
years beginning after Dec. 31, 1976, see section 1501(d) of Pub. L. 94-455, set out as a note
under section 62 of this title.
Amendment by section 1904(a)(22) of Pub. L. 94-455 effective on the first
day of the first month which begins more than 90 days after Oct. 4,
1976, see section 1904(d) of Pub. L.
94-455, set out as a note under section 4041 of this
title.
EFFECTIVE DATE
Section 2002(i)(2) of Pub.
L. 93-406 provided that: “The amendments made by
subsections (d) through (h) except subsection (g)(5) and (6) [enacting
sections 4973, 4974, and 6693 of this title and amending sections
37, 46, 50, 56, 72, 801, 805, 901, 3401, and 6047 of this title] shall
take effect on January 1, 1975.”
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1,
1989
For provisions directing that if any amendments
made by section 1102(b)(1) of Pub.
L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, set out as a note
under section 401 of this title.
