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Internal Revenue Code, § 4973. Tax On Excess Contributions To Certain Tax-Favored Accounts And Annuities

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).
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.)
BACKGROUND NOTES
AMENDMENTS
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 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.