US Code

Public Law 119-73 (01/23/2026)

26 U.S.C. § 219

Retirement savings

(a)

Allowance of deduction

In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified retirement contributions of the individual for the taxable year.

(b)

Maximum amount of deduction

(1)

In general

The amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the lesser of—
(A)
the deductible amount, or
(B)
an amount equal to the compensation includible in the individual’s gross income for such taxable year.
(2)

Special rule for employer contributions under simplified employee pensions

This section shall not apply with respect to an employer contribution to a simplified employee pension.

(3)

Plans under section 501(c)(18)

Notwithstanding paragraph (1), the amount allowable as a deduction under subsection (a) with respect to any contributions on behalf of an employee to a plan described in section 501(c)(18) shall not exceed the lesser of—
(A)
$7,000, or
(B)
an amount equal to 25 percent of the compensation (as defined in section 415(c)(3)) includible in the individual’s gross income for such taxable year.
(4)

Special rule for simple retirement accounts

This section shall not apply with respect to any amount contributed to a simple retirement account established under section 408(p).

(5)

Deductible amount

For purposes of paragraph (1)(A)—
(A)

In general

The deductible amount is $5,000.

(B)

Catch-up contributions for individuals 50 or older

(i)

In general

In the case of an individual who has attained the age of 50 before the close of the taxable year, the deductible amount for such taxable year shall be increased by the applicable amount.

(ii)

Applicable amount

For purposes of clause (i), the applicable amount is $1,000.

(C)

Cost-of-living adjustment

(i)

In general

In the case of any taxable year beginning in a calendar year after 2008, the $5,000 amount under subparagraph (A) shall be increased by an amount equal to—
(I)
such dollar amount, multiplied by
(II)
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2007” for “calendar year 2016” in subparagraph (A)(ii) thereof.
(ii)

Rounding rules

If any amount after adjustment under clause (i) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500.

(iii)

Indexing of catch-up limitation

In the case of any taxable year beginning in a calendar year after 2023, the $1,000 amount under subparagraph (B)(ii) shall be increased by an amount equal to—
(I)
such dollar amount, multiplied by
(II)
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lower multiple of $100.
(c)

Kay Bailey Hutchison Spousal IRA

(1)

In general

In the case of an individual to whom this paragraph applies for the taxable year, the limitation of paragraph (1) of subsection (b) shall be equal to the lesser of—
(A)
the dollar amount in effect under subsection (b)(1)(A) for the taxable year, or
(B)
the sum of—
(i)
the compensation includible in such individual’s gross income for the taxable year, plus
(ii)
the compensation includible in the gross income of such individual’s spouse for the taxable year reduced by—
(I)
the amount allowed as a deduction under subsection (a) to such spouse for such taxable year,
(II)
o the amount of any designated nondeductible contribution (as defined in section 408()) on behalf of such spouse for such taxable year, and
(III)
the amount of any contribution on behalf of such spouse to a Roth IRA under section 408A for such taxable year.
(2)

Individuals to whom paragraph (1) applies

Paragraph (1) shall apply to any individual if—
(A)
such individual files a joint return for the taxable year, and
(B)
the amount of compensation (if any) includible in such individual’s gross income for the taxable year is less than the compensation includible in the gross income of such individual’s spouse for the taxable year.
(d)

Other limitations and restrictions

[(1)

Pub. L. 116–94, div. O, title I, § 107(a)133 Stat. 3148 Repealed. , , ]

(2)

Recontributed amounts

No deduction shall be allowed under this section with respect to a rollover contribution described in section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16).

(3)

Amounts contributed under endowment contract

In the case of an endowment contract described in section 408(b), no deduction shall be allowed under this section for that portion of the amounts paid under the contract for the taxable year which is properly allocable, under regulations prescribed by the Secretary, to the cost of life insurance.

(4)

Denial of deduction for amount contributed to inherited annuities or accounts

No deduction shall be allowed under this section with respect to any amount paid to an inherited individual retirement account or individual retirement annuity (within the meaning of section 408(d)(3)(C)(ii)).

(e)

Qualified retirement contribution

For purposes of this section, the term “qualified retirement contribution” means—
(1)
any amount paid in cash for the taxable year by or on behalf of an individual to an individual retirement plan for such individual’s benefit, and
(2)
any amount contributed on behalf of any individual to a plan described in section 501(c)(18).
(f)

Other definitions and special rules

(1)

Compensation

For purposes of this section, the term “compensation” includes earned income (as defined in section 401(c)(2)). The term “compensation” does not include any amount received as a pension or annuity and does not include any amount received as deferred compensation. For purposes of this paragraph, section 401(c)(2) shall be applied as if the term trade or business for purposes of section 1402 included service described in subsection (c)(6). The term “compensation” includes any differential wage payment (as defined in section 3401(h)(2)). The term “compensation” shall include any amount which is included in the individual’s gross income and paid to the individual to aid the individual in the pursuit of graduate or postdoctoral study.

(2)

Married individuals

The maximum deduction under subsection (b) shall be computed separately for each individual, and this section shall be applied without regard to any community property laws.

(3)

Time when contributions deemed made

For purposes of this section, a taxpayer shall be deemed to have made a contribution to an individual retirement plan on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof).

[(4)

Pub. L. 113–295, div. A, title II, § 221(a)(39)(A)128 Stat. 4043 Repealed. , , ]

(5)

Employer payments

For purposes of this title, any amount paid by an employer to an individual retirement plan shall be treated as payment of compensation to the employee (other than a self-employed individual who is an employee within the meaning of section 401(c)(1)) includible in his gross income in the taxable year for which the amount was contributed, whether or not a deduction for such payment is allowable under this section to the employee.

(6)

Excess contributions treated as contribution made during subsequent year for which there is an unused limitation

(A)

In general

If for the taxable year the maximum amount allowable as a deduction under this section for contributions to an individual retirement plan exceeds the amount contributed, then the taxpayer shall be treated as having made an additional contribution for the taxable year in an amount equal to the lesser of—
(i)
the amount of such excess, or
(ii)
the amount of the excess contributions for such taxable year (determined under section 4973(b)(2) without regard to subparagraph (C) thereof).
(B)

Amount contributed

For purposes of this paragraph, the amount contributed—
(i)
shall be determined without regard to this paragraph, and
(ii)
shall not include any rollover contribution.
(C)

Special rule where excess deduction was allowed for closed year

Proper reduction shall be made in the amount allowable as a deduction by reason of this paragraph for any amount allowed as a deduction under this section for a prior taxable year for which the period for assessing deficiency has expired if the amount so allowed exceeds the amount which should have been allowed for such prior taxable year.

(7)

Special rule for compensation earned by members of the Armed Forces for service in a combat zone.

For purposes of subsections (b)(1)(B) and (c), the amount of compensation includible in an individual’s gross income shall be determined without regard to section 112.

(8)

Election not to deduct contributions

o)(2)(B)(ii).For election not to deduct contributions to individual retirement plans, see section 408(

(g)

Limitation on deduction for active participants in certain pension plans

(1)

In general

If (for any part of any plan year ending with or within a taxable year) an individual or the individual’s spouse is an active participant, each of the dollar limitations contained in subsections (b)(1)(A) and (c)(1)(A) for such taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2).

(2)

Amount of reduction

(A)

In general

The amount determined under this paragraph with respect to any dollar limitation shall be the amount which bears the same ratio to such limitation as—
(i)
the excess of—
(I)
the taxpayer’s adjusted gross income for such taxable year, over
(II)
the applicable dollar amount, bears to
(ii)
$10,000 ($20,000 in the case of a joint return).
(B)

No reduction below $200 until complete phase-out

No dollar limitation shall be reduced below $200 under paragraph (1) unless (without regard to this subparagraph) such limitation is reduced to zero.

(C)

Rounding

Any amount determined under this paragraph which is not a multiple of $10 shall be rounded to the next lowest $10.

(3)

Adjusted gross income; applicable dollar amount

For purposes of this subsection—
(A)

Adjusted gross income

Adjusted gross income of any taxpayer shall be determined—
(i)
after application of sections 86 and 469, and
(ii)
without regard to sections 85(c), 135, 137, 221, and 911 or the deduction allowable under this section.
(B)

Applicable dollar amount

The term “applicable dollar amount” means the following:
(i)
In the case of a taxpayer filing a joint return, $80,000.
(ii)
In the case of any other taxpayer (other than a married individual filing a separate return), $50,000.
(iii)
In the case of a married individual filing a separate return, zero.
(4)

Special rule for married individuals filing separately and living apart

A husband and wife who—
(A)
file separate returns for any taxable year, and
(B)
live apart at all times during such taxable year,
shall not be treated as married individuals for purposes of this subsection.
(5)

Active participant

For purposes of this subsection, the term “active participant” means, with respect to any plan year, an individual—
(A)
who is an active participant in—
(i)
a plan described in section 401(a) which includes a trust exempt from tax under section 501(a),
(ii)
an annuity plan described in section 403(a),
(iii)
a plan established for its employees by the United States, by a State or political subdivision thereof, or by an agency or instrumentality of any of the foregoing,
(iv)
an annuity contract described in section 403(b),
(v)
a simplified employee pension (within the meaning of section 408(k)), or
(vi)
any simple retirement account (within the meaning of section 408(p)), or
(B)
who makes deductible contributions to a trust described in section 501(c)(18).
The determination of whether an individual is an active participant shall be made without regard to whether or not such individual’s rights under a plan, trust, or contract are nonforfeitable. An eligible deferred compensation plan (within the meaning of section 457(b)) shall not be treated as a plan described in subparagraph (A)(iii).
(6)

Certain individuals not treated as active participants

For purposes of this subsection, any individual described in any of the following subparagraphs shall not be treated as an active participant for any taxable year solely because of any participation so described:
(A)

Members of reserve components

section 10101 of title 10Participation in a plan described in subparagraph (A)(iii) of paragraph (5) by reason of service as a member of a reserve component of the Armed Forces (as defined in ), unless such individual has served in excess of 90 days on active duty (other than active duty for training) during the year.

(B)

Volunteer firefighters

A volunteer firefighter—
(i)
who is a participant in a plan described in subparagraph (A)(iii) of paragraph (5) based on his activity as a volunteer firefighter, and
(ii)
whose accrued benefit as of the beginning of the taxable year is not more than an annual benefit of $1,800 (when expressed as a single life annuity commencing at age 65).
(7)

Special rule for spouses who are not active participants

If this subsection applies to an individual for any taxable year solely because their spouse is an active participant, then, in applying this subsection to the individual (but not their spouse)—
(A)
the applicable dollar amount under paragraph (3)(B)(i) shall be $150,000; and
(B)
the amount applicable under paragraph (2)(A)(ii) shall be $10,000.
(8)

Inflation adjustment

In the case of any taxable year beginning in a calendar year after 2006, each of the dollar amounts in paragraphs (3)(B)(i), (3)(B)(ii), and (7)(A) shall be increased by an amount equal to—
(A)
such dollar amount, multiplied by
(B)
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2005” for “calendar year 2016” in subparagraph (A)(ii) thereof.
Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.

Pub. L. 93–406, title II, § 2002(a)(1)88 Stat. 958Pub. L. 94–455, title XV90 Stat. 1736Pub. L. 95–600, title I92 Stat. 2798Pub. L. 96–222, title I, § 101(a)(10)(D)94 Stat. 202Pub. L. 97–34, title III95 Stat. 274Pub. L. 97–248, title II, § 243(b)(2)96 Stat. 523Pub. L. 97–448, title I, § 103(c)(1)96 Stat. 2375–2377Pub. L. 98–369, div. A, title I, § 147(c)98 Stat. 687Pub. L. 99–514, title III, § 301(b)(4)100 Stat. 2217Pub. L. 100–647, title I, § 1011(a)(1)102 Stat. 3456Pub. L. 101–239, title VII103 Stat. 2420Pub. L. 102–318, title V, § 521(b)(4)106 Stat. 310Pub. L. 103–337, div. A, title XVI, § 1677(c)108 Stat. 3020Pub. L. 104–188, title I110 Stat. 1795Pub. L. 105–34, title III111 Stat. 824Pub. L. 105–206, title VI112 Stat. 796Pub. L. 105–277, div. J, title IV, § 4003(a)(2)(B)112 Stat. 2681–908Pub. L. 106–554, § 1(a)(7) [title III, § 316(d)]114 Stat. 2763Pub. L. 107–16, title IV, § 431(c)(1)115 Stat. 68Pub. L. 108–357, title I, § 102(d)(1)118 Stat. 1428Pub. L. 109–227, § 2(a)120 Stat. 385Pub. L. 109–280, title VIII120 Stat. 1002Pub. L. 110–245, title I, § 105(b)(2)122 Stat. 1629Pub. L. 113–22, § 1127 Stat. 492Pub. L. 113–295, div. A, title II, § 221(a)(38)128 Stat. 4043Pub. L. 115–97, title I131 Stat. 2060Pub. L. 115–141, div. U, title IV, § 401(a)(55)132 Stat. 1186Pub. L. 116–94, div. O, title I133 Stat. 3148Pub. L. 116–260, div. EE, title I, § 104(b)(2)(F)134 Stat. 3041Pub. L. 117–2, title IX, § 9042(b)(5)135 Stat. 122Pub. L. 117–328, div. T, title I, § 108(a)136 Stat. 5289(Added , , ; amended , §§ 1501(b)(4), 1503(a), title XIX, §§  1901(a)(32), 1906(b)(13)(A), , , 1738, 1769, 1834; , §§ 152(c), 156(c)(3), 157(a)(1), (b)(1), title VII, § 703(c)(1), , , 2803, 2939; , (14)(B), , , 204; , §§ 311(a), 312(c)(1), 313(b)(2), , , 284, 286; , , ; , (2), (3)(A), (4), (5), (12)(A), , ; , title IV, §§ 422(d)(1), 491(d)(6)–(8), title V, § 529(a), (b), title VII, § 713(d)(2), , , 798, 849, 877, 957; , title XI, §§ 1101(a), (b)(1), (2)(A), 1102(f), 1103(a), 1108(g)(2), (3), 1109(b), title XV, § 1501(d)(1)(B), title XVIII, § 1875(c)(4), (6)(B), , , 2411, 2413, 2417, 2434, 2435, 2740, 2894, 2895; , title VI, § 6009(c)(2), , , 3690; , §§ 7816(c)(1), 7841(c)(1), , , 2428; , , ; , , ; , §§ 1421(b)(1), 1427(a)–(b)(2), 1807(c)(3), , , 1802, 1902; , §§ 301(a), (b), 302(c), , , 825, 829; , §§ 6005(a), 6018(f)(2), , , 823; , , ; , , , 2763A–644; , title VI, §§ 601(a), 641(e)(2), , , 94, 120; , , ; , , ; , §§ 831(a), 833(b), , , 1004; , , ; , , ; , (39)(A), , ; , §§ 11002(d)(1)(S), 11051(b)(3)(C), 13305(b)(1), , , 2090, 2126; , (56), , ; , §§ 106(a), 107(a), , ; , , ; , , ; , , .)

Inflation Adjusted Items for Certain Years

section 1 of this titlesection 401 of this titleFor inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under and Internal Revenue Notices listed in a table under .

Editorial Notes

Prior Provisions

section 226 of this titleA prior section 219 was renumbered .

Amendments

Pub. L. 117–3282022—Subsec. (b)(5)(C)(iii). added cl. (iii).

Pub. L. 117–22021—Subsec. (g)(3)(A)(ii). inserted “85(c),” before “135”.

Pub. L. 116–2602020—Subsec. (g)(3)(A)(ii). struck out “222,” after “221,”.

Pub. L. 116–94, § 107(a)2019—Subsec. (d)(1). , struck out par. (1). Text read as follows: “No deduction shall be allowed under this section with respect to any qualified retirement contribution for the benefit of an individual if such individual has attained age 70½ before the close of such individual’s taxable year for which the contribution was made.”

Pub. L. 116–94, § 106(a)Subsec. (f)(1). , inserted at end: “The term ‘compensation’ shall include any amount which is included in the individual’s gross income and paid to the individual to aid the individual in the pursuit of graduate or postdoctoral study.”

Pub. L. 115–141, § 401(a)(55)2018—Subsec. (f)(1). , substituted “term ‘compensation’ includes” for “term compensation includes”.

Pub. L. 115–141, § 401(a)(56)Subsec. (g)(8). , substituted “shall be” for “shall each be” in introductory provisions.

Pub. L. 115–97, § 11002(d)(1)(S)2017—Subsec. (b)(5)(C)(i)(II). , substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.

Pub. L. 115–97, § 11051(b)(3)(C)Subsec. (f)(1). , struck out “The term ‘compensation’ shall include any amount includible in the individual’s gross income under section 71 with respect to a divorce or separation instrument described in subparagraph (A) of section 71(b)(2).” after “deferred compensation.”

Pub. L. 115–97, § 13305(b)(1)Subsec. (g)(3)(A)(ii). , struck out “199,” after “137,”.

Pub. L. 115–97, § 11002(d)(1)(S)Subsec. (g)(8)(B). , substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.

Pub. L. 113–295, § 221(a)(38)(A)2014—Subsec. (b)(5)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) listed deductible amounts for taxable years 2002 to 2008 and thereafter.

Pub. L. 113–295, § 221(a)(38)(B)Subsec. (b)(5)(B)(ii). , amended cl. (ii) generally. Prior to amendment, cl. (ii) listed applicable amounts for taxable years 2002 to 2006 and thereafter.

Pub. L. 113–295, § 221(a)(38)(C)Subsec. (b)(5)(C), (D). , redesignated subpar. (D) as (C) and struck out former subpar. (C) which related to catchup contributions for certain individuals for taxable years beginning before .

Pub. L. 113–295, § 221(a)(39)(A)Subsec. (f)(4). , struck out par. (4). Text read as follows: “The Secretary shall prescribe regulations which prescribe the time and the manner in which reports to the Secretary and plan participants shall be made by the plan administrator of a qualified employer or government plan receiving qualified voluntary employee contributions.”

Pub. L. 113–295, § 221(a)(38)(D)Subsec. (g)(2)(A)(ii). , struck out “for a taxable year beginning after ” after “joint return”.

Pub. L. 113–295, § 221(a)(38)(E)Subsec. (g)(3)(B)(i), (ii). , added cls. (i) and (ii) and struck out former cls. (i) and (ii) which related to applicable dollar amounts for a taxpayer filing a joint return for taxable years 1998 to 2007 and thereafter and for any other taxpayer (other than a married individual filing a separate return) for taxable years 1998 to 2005 and thereafter, respectively.

Pub. L. 113–295, § 221(a)(38)(F)Subsec. (g)(8). , substituted “each of the dollar amounts in paragraphs (3)(B)(i), (3)(B)(ii), and (7)(A)” for “the dollar amount in the last row of the table contained in paragraph (3)(B)(i), the dollar amount in the last row of the table contained in paragraph (3)(B)(ii), and the dollar amount contained in paragraph (7)(A),” in introductory provisions.

Pub. L. 113–295, § 221(a)(39)(A)Subsec. (h). , struck out subsec. (h) which read as follows: “For failure to provide required reports, see section 6652(g).”

Pub. L. 113–222013—Subsec. (c). substituted “Kay Bailey Hutchison Spousal IRA” for “Special rules for certain married individuals” in heading.

Pub. L. 110–2452008—Subsec. (f)(1). inserted at end “The term compensation includes any differential wage payment (as defined in section 3401(h)(2)).”

Pub. L. 109–280, § 831(a)2006—Subsec. (b)(5)(C), (D). , added subpar. (C) and redesignated former subpar. (C) as (D).

Pub. L. 109–227Subsec. (f)(7), (8). added par. (7) and redesignated former par. (7) as (8).

Pub. L. 109–280, § 833(b)Subsec. (g)(8). , added par. (8).

Pub. L. 108–3572004—Subsec. (g)(3)(A)(ii). inserted “199,” before “221”.

Pub. L. 107–16, § 601(a)(1)2001—Subsec. (b)(1)(A). , substituted “the deductible amount” for “$2,000”.

Pub. L. 107–16, § 601(a)(2)Subsec. (b)(5). , added par. (5).

Pub. L. 107–16, § 641(e)(2)Subsec. (d)(2). , substituted “408(d)(3), or 457(e)(16)” for “or 408(d)(3)”.

Pub. L. 107–16, § 431(c)(1)Subsec. (g)(3)(A)(ii). , inserted “222,” after “221,”.

Pub. L. 106–5542000—Subsec. (c)(1)(B)(ii)(II), (III). added subcl. (II) and redesignated former subcl. (II) as (III).

Pub. L. 105–206, § 6005(a)(1)(A)1998—Subsec. (g)(1). , inserted “or the individual’s spouse” after “individual”.

Pub. L. 105–206, § 6005(a)(2)Pub. L. 105–34, § 301(a)(2)Subsec. (g)(2)(A)(ii). , made technical amendment to directory language of . See 1997 Amendment note below.

Pub. L. 105–277Subsec. (g)(3)(A)(ii). inserted “221,” after “137,”.

Pub. L. 105–206, § 6018(f)(2)Pub. L. 104–188, § 1807(c)(3), made technical amendment to directory language of . See 1996 Amendment note below.

Pub. L. 105–206, § 6005(a)(1)(B)Subsec. (g)(7). , added par. (7) and struck out heading and text of former par. (7). Text read as follows: “In the case of an individual who is an active participant at no time during any plan year ending with or within the taxable year but whose spouse is an active participant for any part of any such plan year—

“(A) the applicable dollar amount under paragraph (3)(B)(i) with respect to the taxpayer shall be $150,000, and

“(B) the amount applicable under paragraph (2)(A)(ii) shall be $10,000.”

Pub. L. 105–34, § 302(c)1997—Subsec. (c)(1)(B)(ii). , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the compensation includible in the gross income of such individual’s spouse for the taxable year reduced by the amount allowed as a deduction under subsection (a) to such spouse for such taxable year.”

Pub. L. 105–34, § 301(b)(1)Subsec. (g)(1). , struck out “or the individual’s spouse” after “an individual”.

Pub. L. 105–34, § 301(a)(2)Pub. L. 105–206, § 6005(a)(2)Subsec. (g)(2)(A)(ii). , as amended by , inserted “($20,000 in the case of a joint return for a taxable year beginning after )” after “$10,000”.

Pub. L. 105–34, § 301(a)(1)Subsec. (g)(3)(B). , amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “The term ‘applicable dollar amount’ means—

“(i) in the case of a taxpayer filing a joint return, $40,000,

“(ii) in the case of any other taxpayer (other than a married individual filing a separate return), $25,000, and

“(iii) in the case of a married individual filing a separate return, zero.”

Pub. L. 105–34, § 301(b)(2)Subsec. (g)(7). , added par. (7).

Pub. L. 104–188, § 1421(b)(1)(A)1996—Subsec. (b)(4). , added par. (4).

Pub. L. 104–188, § 1427(a)Subsec. (c). , amended subsec. (c) generally, substituting present provisions for former provisions relating to special rules for certain married individuals which set out general provisions in par. (1) and a limitation in par. (2).

Pub. L. 104–188, § 1427(b)(1)Subsec. (f)(2). , substituted “subsection (b)” for “subsections (b) and (c)”.

Pub. L. 104–188, § 1427(b)(2)Subsec. (g)(1). , substituted “(c)(1)(A)” for “(c)(2)”.

Pub. L. 104–188, § 1807(c)(3)Pub. L. 105–206, § 6018(f)(2)Subsec. (g)(3)(A)(ii). , as amended by , inserted “, 137,” before “and 911”.

Pub. L. 104–188, § 1421(b)(1)(B)Subsec. (g)(5)(A)(vi). , added cl. (vi).

Pub. L. 103–337section 10101 of title 10section 261(a) of title 101994—Subsec. (g)(6)(A). substituted “” for “”.

Pub. L. 102–3181992—Subsec. (d)(2). substituted “402(c)” for “402(a)(5), 402(a)(7)”.

Pub. L. 101–239, § 7841(c)(1)1989—Subsec. (f)(1). , inserted at end “For purposes of this paragraph, section 401(c)(2) shall be applied as if the term trade or business for purposes of section 1402 included service described in subsection (c)(6).”

Pub. L. 101–239, § 7816(c)(1)Pub. L. 100–647, § 6009(c)(2)Subsec. (g)(3)(A)(ii). , made technical correction to directory language of , see 1988 Amendment note below.

Pub. L. 100–647, § 6009(c)(2)Pub. L. 101–239, § 7816(c)(1)1988—Subsec. (g)(3)(A)(ii). , as amended by , substituted “sections 135 and 911” for “section 911”.

Pub. L. 100–647, § 1011(a)(1)Subsec. (g)(4). , inserted “and living apart” after “filing separately” in heading and amended text generally. Prior to amendment, text read as follows: “In the case of a married individual filing a separate return for any taxable year, paragraph (1) shall be applied without regard to whether such individual’s spouse is an active participant for any plan year ending with or within such taxable year.”

Pub. L. 99–514, § 1108(g)(2)1986—Subsec. (b)(2). , amended par. (2) generally, substituting provision that this section shall not apply with respect to an employer contribution to a simplified employee pension for former provisions consisting of subpars. (A), (B), and (C) which set out detailed limits on deductibility of employer contributions.

Pub. L. 99–514, § 1875(c)(6)(B)Subsec. (b)(2)(C). , substituted “the dollar limitation in effect under section 415(c)(1)(A)” for “the $15,000 amount specified in subparagraph (A)(ii)”.

Pub. L. 99–514, § 1109(b)Subsec. (b)(3). , added par. (3).

Pub. L. 99–514, § 1101(b)(2)(A), struck out par. (3), special rule for individual retirement plans, which read as follows: “If the individual has paid any qualified voluntary employee contributions for the taxable year, the amount of the qualified retirement contributions (other than employer contributions to a simplified employee pension) which are paid for the taxable year to an individual retirement plan and which are allowable as a deduction under subsection (a) for such taxable year shall not exceed—

“(A) the amount determined under paragraph (1) for such taxable year, reduced by

“(B) the amount of the qualified voluntary employee contributions for the taxable year.”

Pub. L. 99–514, § 1103(a)Subsec. (c)(1)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “whose spouse has no compensation (determined without regard to section 911) for such taxable year,”.

Pub. L. 99–514, § 1108(g)(3)Subsec. (c)(2)(B). , struck out “(determined without regard to so much of the employer contributions to a simplified employee pension as is allowable by reason of paragraph (2) of subsection (b))” after “for the taxable year”.

Pub. L. 99–514, § 1101(b)(1)Subsec. (e). , amended subsec. (e) generally, revising the definition of “qualified retirement contribution”.

Pub. L. 99–514, § 301(b)(4)Pub. L. 99–514, § 1875(c)(4)Subsec. (f)(1). , which directed that par. (1) be amended by substituting “paragraph (6)” for “paragraph (7)”, could not be executed because prior amendment by , see below, struck out language which included phrase “paragraph (7)”.

Pub. L. 99–514, § 1875(c)(4), struck out “reduced by any amount allowable as a deduction to the individual in computing adjusted gross income under paragraph (7) of section 62” after “(as defined in section 401(c)(2))”.

Pub. L. 99–514, § 1101(a)(2)Subsec. (f)(3). , in amending par. (3) generally, reenacted existing provision without its subpar. “(A) Individual retirement plans” designation, and struck out subpar. (B) relating to time when contributions deemed made with respect to qualified employer or government plans.

Pub. L. 99–514, § 1102(f)Subsec. (f)(7). , added par. (7).

Pub. L. 99–514, § 1101(a)(1)Subsec. (g). , added subsec. (g). Former subsec. (g) redesignated (h).

Pub. L. 99–514, § 1501(d)(1)(B)Pub. L. 99–514, § 1101(a)(1)Subsec. (h). , which directed that subsec. (g) be amended by substituting “6652(g)” for “6652(h)”, was executed by making the substitution in subsec. (h) to reflect the probable intent of Congress and the prior redesignation of former subsec. (g) as (h) by .

Pub. L. 99–514, § 1101(a)(1), redesignated former subsec. (g) as (h).

Pub. L. 98–369, § 713(d)(2)1984—Subsec. (b)(2)(A)(ii). , substituted “not in excess of the limitation in effect under section 415(c)(1)(A)” for “not in excess of $15,000”.

Pub. L. 98–369, § 529(b)Subsec. (b)(4). , struck out par. (4) which related to a deduction for qualified retirement savings of certain divorced individuals.

Pub. L. 98–369, § 422(d)(1)Subsec. (b)(4)(B). , substituted “gross income under section 71 (relating to alimony and separate maintenance payments) by reason of a payment under a decree of divorce or separate maintenance or a written agreement incident to such a decree” for “gross income under paragraph (1) of section 71(a) (relating to decree of divorce or separate maintenance)”.

Pub. L. 98–369, § 491(d)(6)Subsec. (d)(2). , substituted “or 408(d)(3)” for “405(d)(3), 408(d)(3), or 409(b)(3)(C)”.

Pub. L. 98–369, § 491(d)(7)Subsec. (e)(1). , struck out concluding provision that for the purposes of the preceding sentence, the term “individual retirement plan” includes retirement bonds described in section 409 only if the bond was not redeemed within 12 months of its issuance.

Pub. L. 98–369, § 491(d)(8)Subsec. (e)(3). , struck out subpar. (C) which included a qualified bond purchase plan described in section 405(a) within term “qualified employer plan”, and redesignated subpar. (D) as (C).

Pub. L. 98–369, § 529(a)Subsec. (f)(1). , inserted provision that “compensation” shall include any amount includible in the individual’s gross income under section 71 with respect to a divorce or separation instrument described in subparagraph (A) of section 71(b)(2).

Pub. L. 98–369, § 147(c)Subsec. (f)(3)(A). , substituted “not including” for “including”.

Pub. L. 97–448, § 103(c)(12)(A)1983—Subsec. (b)(2)(A). , inserted a close parenthesis after “allowable under paragraph (1)” in introductory provisions.

Pub. L. 97–448, § 103(c)(1)Subsec. (c)(2)(B). , substituted “the amount allowable as a deduction under subsection (a) for the taxable year (determined without regard to so much of the employer contributions to a simplified employee pension as is allowable by reason of paragraph (2) of subsection (b))” for “the amount allowed as a deduction under subsection (a) for the taxable year”.

Pub. L. 97–448, § 103(c)(2)Subsec. (d)(1). , substituted “Beneficiary must be under age 70½” for “Individuals who have attained age 70½” as par. (1) heading and, in text, substituted “qualified retirement contribution for the benefit of an individual if such individual has attained age 70½ before the close of such individual’s taxable year for which the contribution was made” for “qualified retirement contribution which is made for a taxable year of an individual if such individual has attained age 70½ before the close of such taxable year”.

Pub. L. 97–448, § 103(c)(3)(A)Subsec. (e)(3)(D), (E). , redesignated subpar. (E) as (D). Former subpar. (D), which related to simplified employee pension (within the meaning of section 408(k)), was struck out.

Pub. L. 97–448, § 103(c)(4)Subsec. (f)(1). , substituted “earned income (as defined in section 401(c)(2)) reduced by any amount allowable as a deduction to the individual in computing adjusted gross income under paragraph (7) of section 62” for “earned income as defined in section 401(c)(2)” and inserted provision that “compensation” does not include any amount received as a pension or annuity and does not include any amount received as deferred compensation.

Pub. L. 97–448, § 103(c)(5)Subsec. (f)(3)(B). , substituted “if the contribution is made on account of the taxable year which includes such last day and by April 15 of the calendar year” for “if the contribution is made by April 15 of the calendar year”.

Pub. L. 97–2481982—Subsec. (d)(4). added par. (4).

Pub. L. 97–34, § 311(a)1981—Subsec. (a). , amended subsec. (a) generally, substituting in heading “Allowance of deduction” for “Deduction allowed” and in text “shall be allowed” for “is allowed”, allowed as a deduction an amount equal to the qualified retirement contributions of the individual for the taxable year, eliminated part of first sentence for allowance as a deduction amounts paid in cash for the taxable year by or on behalf of the individual for his benefit—(1) to an individual retirement annuity described in section 408(a), (2) for an individual retirement annuity described in section 408(b), or (3) for a retirement bond described in section 409 (but only if the bond is not redeemed within 12 months of the date of its issuance), covered in subsec. (e)(1) and (5) of this section, and eliminated second sentence respecting employer payments, covered in subsec. (f)(5) of this section.

Pub. L. 97–34, § 311(a)Subsec. (b). , in heading substituted “Maximum amount of deduction” for “Limitations and restrictions”.

Pub. L. 97–34, § 311(a)Subsec. (b)(1). , amended par. (1) generally, substituting “In general” for “Maximum deduction” in heading and in text provision for allowance of a deduction not to exceed the lesser of (A) $2,000, or (B) an amount equal to the compensation includible in the individual’s gross income for such taxable year, for provision for an amount not to exceed amount equal to 15 percent of the compensation includible in gross income for the taxable year, or $1,500, whichever is less.

Pub. L. 97–34, § 312(c)(1)Subsec. (b)(2)(A)(ii), (C). , substituted “$15,000” for “$7,500”.

Pub. L. 97–34, § 311(a), redesignated par. (7) as (2), substituted in heading “rules for employer contributions under” for “rules in case of”, substituted in subpar. (A) introductory text “an employee shall be allowed as a deduction under subsection (a) (in addition to the amount allowable under paragraph (1) an amount equal to the lesser of” for “the limitation under paragraph (1) shall be the lesser of”, inserted in subpar. (A)(i) “from such employer” before “includible” and substituted therein “without regard” for “with regard”, substituted in subpar. (A)(ii) “the amount contributed by such employer to the simplified employee pension and included in gross income (but not in excess of $7,500” for “the sum of—(I) the amount contributed by the employer to the simplified employee pension and included in gross income (but not in excess of $7,500), and (II) $1,500, reduced (but not below zero) by the amount described in subclause (I)”, and substituted in subpar. (B) “Paragraph (1) of this subsection and paragraph (1) of subsection (d)” for “Paragraphs (2) and (3)”. Former subsec. (b)(2) provisions which disallowed any deduction under subsec. (a) for an individual for the taxable year if for any part of such year (A) he was an active participant in (i) a plan described in section 401(a), (ii) an annuity plan described in section 403(a), (iii) a qualified bond purchase plan described in section 405(a), or (iv) a plan established for its employees by the United States, by a State or political subdivision thereof, or by an agency or instrumentality of any of the foregoing, or (B) amounts were contributed by his employer for an annuity contract described in section 403(b), are now covered by subsec. (e)(3) and (4) of this section.

Pub. L. 97–34, § 311(a)Subsec. (b)(3) to (5). , added pars. (3) and (4). Former pars. (3) to (5) redesignated subsec. (d)(1) to (3).

Pub. L. 97–34, § 311(a)Subsec. (b)(6). , struck out par. (6) which set forth alternative deduction provisions which disallowed a deduction for the taxable year if the individual claimed the deduction allowed by section 220 for the taxable year.

Pub. L. 97–34, § 311(a)Subsec. (b)(7). , redesignated par. (7) as (2).

Pub. L. 97–34, § 311(a)Subsec. (c). , added subsec. (c). Former subsec. (c)(1) to (3) and (5) redesignated subsec. (f)(1), (2), (3)(A), and (6). Former subsec. (c)(4), which provided for participation in governmental plans by certain individuals, with subpars. (A) and (B) covering members of reserve components and volunteer firefighters, was struck out.

Pub. L. 97–34, § 311(a)Subsec. (d). , in heading redesignated former subsec. (b) heading as subsec. (d) heading and inserted “Other” before “limitations”.

Pub. L. 97–34, § 311(a)Subsec. (d)(1). , redesignated former subsec. (b)(3) as par. (1), substituted as heading “Individuals who have attained age 70½” for “Contributions after age 70½” and in text “shall be allowed under this section” for “is allowed under subsection (a)”, “qualified retirement contribution” for “payment described in subsection (a)”, and “made for a taxable year of an individual if such individual has attained” for “made during the taxable year of an individual who has attained”.

Pub. L. 97–34, § 313(b)(2)Subsec. (d)(2). , inserted reference to section 405(d)(3).

Pub. L. 97–34, § 311(a), redesignated former subsec. (b)(4) as par. (2) and substituted “shall be allowed” for “is allowed”.

Pub. L. 97–34, § 311(a)Subsec. (d)(3). , redesignated former subsec. (b)(5) as par. (3) and, as so redesignated, substituted “shall be allowed under this section” for “is allowed under subsection (a)” and “year which is properly allocable” for “year properly allocable”.

Pub. L. 97–34, § 311(a)Subsec. (e). , added subsec. (e) incorporating former provisions of subsecs. (a) and (b)(2) as pars. (1), and (3) and (4) and, among other changes, inserted provisions relating to a qualified employee pension.

Pub. L. 97–34, § 311(a)Subsec. (f)(1). , redesignated former subsec. (c)(1) as par. (1).

Pub. L. 97–34, § 311(a)Subsec. (f)(2). , redesignated former subsec. (c)(2) as par. (2) and, as so redesignated, substituted “deduction under subsections (b) and (c)” for “deduction under subsection (b)(1)”, and struck out provision that for purposes of this section, the determination of whether an individual is married shall be made in accordance with the provisions of section 143(a).

Pub. L. 97–34, § 311(a)Subsec. (f)(3). , redesignated former subsec. (c)(3) as subpar. (A) and, as so redesignated, added subpar. (A) heading “Individual retirement plans”, and “to an individual retirement plan” before “on the last day” in text, and added subpar. (B).

Pub. L. 97–34, § 311(a)Subsec. (f)(4). , added par. (4).

Pub. L. 97–34, § 311(a)Subsec. (f)(5). , redesignated former provisions of subsec. (a) as par. (5), added par. (5) heading “Employer payments”, substituted “to an individual retirement plan shall be treated as payment of compensation to the employee” for “to such a retirement account, or for such a retirement annuity or retirement bond constitutes payment of compensation to the employee”, and “in the taxable year for which the amount was contributed” after “gross income”, and struck out “after the application of subsection (b)” after “under this section to the employee”.

Pub. L. 97–34, § 311(a)Subsec. (f)(6). , redesignated former subsec. (c)(5) as par. (6), inserted “for contributions to an individual retirement plan” after “under this section” in subpar. (A), and struck out in subpar. (C) “or section 220” after “under this section”.

Pub. L. 97–34, § 311(a)Subsec. (g). , added subsec. (g).

Pub. L. 96–222, § 101(a)(14)(B)1980—Subsec. (b)(4). , inserted “402(a)(7),” after “section 402(a)(5)”.

Pub. L. 96–222, § 101(a)(10)(D)Subsec. (b)(7). , amended par. (7) generally, including provision requiring that paragraph (3) not apply with respect to employer contribution to a simplified employee pension.

Pub. L. 95–600, § 156(c)(3)1978—Subsec. (b)(4). , inserted “403(b)(8)” after “403(a)(4)”.

Pub. L. 95–600, § 152(c)Subsec. (b)(7). , added par. (7).

Pub. L. 95–600, § 157(a)(1)Subsec. (c)(3). , substituted “not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof)” for “not later than 45 days after the end of such taxable year”.

Pub. L. 95–600, § 703(c)(1)Subsec. (c)(4). , substituted “subsection (b)(2)(A)(iv)” for “subsection (b)(3)(A)(iv)” wherever appearing.

Pub. L. 95–600, § 157(b)(1)Subsec. (c)(5). , added par. (5).

Pub. L. 94–455, § 1501(b)(4)(B)1976—Subsec. (a). , substituted “for” for “during” after “paid in cash”.

Pub. L. 94–455, § 1901(a)(32)Subsec. (b)(2)(A)(iv). , substituted “subdivision” for “division” after “State or political”.

Pub. L. 94–455, § 1906(b)(13)(A)Subsec. (b)(5). , struck out “or his delegate” after “Secretary”.

Pub. L. 94–455, § 1501(b)(4)(B)Subsec. (b)(6). , added par. (6).

Pub. L. 94–455, § 1501(b)(4)(C)Subsec. (c)(2). , inserted “For purposes of this section, the determination of whether an individual is married shall be made in accordance with the provisions of section 143(a)” after “community property laws”.

Pub. L. 94–455, § 1501(b)(4)(D)Subsec. (c)(3). , added par. (3).

Pub. L. 94–455, § 1503(a)Subsec. (c)(4). , added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. T, title I, § 108(b)136 Stat. 5289

“The amendments made by this section [amending this section] shall apply to taxable years beginning after .”
, , , provided that:

Effective Date of 2021 Amendment

Pub. L. 117–2section 9042(c) of Pub. L. 117–2section 74 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 2020 Amendment

Pub. L. 116–260section 104(c) of div. EE of Pub. L. 116–260section 25A of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 2019 Amendment

Pub. L. 116–94, div. O, title I, § 106(b)133 Stat. 3148

“The amendment made by this section [amending this section] shall apply to taxable years beginning after .”
, , , provided that:

Pub. L. 116–94, div. O, title I, § 107(d)133 Stat. 3149

“(1)

In general .—

Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 408 and 408A of this title] shall apply to contributions made for taxable years beginning after .
“(2)

Subsection (b).—

section 408 of this titleThe amendment made by subsection (b) [amending ] shall apply to distributions made for taxable years beginning after .”
, , , provided that:

Effective Date of 2017 Amendment

section 11002(d)(1)(S) of Pub. L. 115–97section 11002(e) of Pub. L. 115–97section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

section 11051(b)(3)(C) of Pub. L. 115–97section 71(b)(2) of this titlesection 11051 of Pub. L. 115–97section 11051(c) of Pub. L. 115–97section 61 of this titleAmendment by applicable to any divorce or separation instrument (as defined in former as in effect before ) executed after , and to such instruments executed on or before , and modified after , if the modification expressly provides that the amendment made by applies to such modification, see , set out as a note under .

section 13305(b)(1) of Pub. L. 115–97section 13305(c) of Pub. L. 115–97section 74 of this titleAmendment by applicable to taxable years beginning after , except as provided by transition rule, see , set out as a note under .

Effective Date of 2014 Amendment

Pub. L. 113–295section 221(b) of Pub. L. 113–295section 1 of this titleAmendment by effective , subject to a savings provision, see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–245, title I, § 105(b)(3)122 Stat. 1629

section 414 of this title“The amendments made by this subsection [amending this section and ] shall apply to years beginning after .”
, , , provided that:

Effective Date of 2006 Amendment

Pub. L. 109–280, title VIII, § 831(b)120 Stat. 1003

“The amendments made by this section [amending this section] shall apply to taxable years beginning after .”
, , , provided that:

section 833(b) of Pub. L. 109–280section 833(d) of Pub. L. 109–280section 25B of this titleAmendment by applicable to taxable years beginning after 2006, see , set out as a note under .

Pub. L. 109–227, § 2(b)120 Stat. 385

“The amendments made by this section [amending this section] shall apply to taxable years beginning after .”
, , , provided that:

Effective Date of 2004 Amendment

Pub. L. 108–357section 102(e) of Pub. L. 108–357section 56 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 2001 Amendment

section 431(c)(1) of Pub. L. 107–16section 431(d) of Pub. L. 107–16section 62 of this titleAmendment by applicable to payments made in taxable years beginning after , see , set out as a note under .

Pub. L. 107–16, title VI, § 601(c)115 Stat. 95

section 408 of this title“The amendments made by this section [amending this section and ] shall apply to taxable years beginning after .”
, , , provided that:

section 641(e)(2) of Pub. L. 107–16section 641(f)(1) of Pub. L. 107–16section 402 of this titleAmendment by applicable to distributions after , see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–554Pub. L. 104–188Pub. L. 106–554section 51 of this titleAmendment by effective as if included in the provisions of the Small Business Job Protection Act of 1996, , to which such amendment relates, see section § 1(a)(7) [title III, § 316(e)] of , set out as a note under .

Effective Date of 1998 Amendments

Pub. L. 105–277Pub. L. 105–34lPub. L. 105–277section 86 of this titleAmendment by effective as if included in the provision of the Taxpayer Relief Act of 1997, , to which such amendment relates, see section 4003() of , set out as a note under .

section 6018(f)(2) of Pub. L. 105–206Pub. L. 104–188section 6018(h) of Pub. L. 105–206section 23 of this titleAmendment by effective as if included in the provisions of the Small Business Job Protection Act of 1996, , to which such amendment relates, see , set out as a note under .

section 6005(a) of Pub. L. 105–206Pub. L. 105–34section 6024 of Pub. L. 105–206section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, , to which such amendment relates, see , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–34, title III, § 301(c)111 Stat. 825

“The amendments made by this section [amending this section] shall apply to taxable years beginning after .”
, , , provided that:

Pub. L. 105–34, title III, § 302(f)111 Stat. 829

section 408A of this title“The amendments made by this section [enacting and amending this section and sections 408 and 4973 of this title] shall apply to taxable years beginning after .”
, , , provided that:

Effective Date of 1996 Amendment

section 1421(b)(1) of Pub. L. 104–188section 1421(e) of Pub. L. 104–188section 72 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Pub. L. 104–188, title I, § 1427(c)110 Stat. 1802

section 408 of this title“The amendments made by this section [amending this section and ] shall apply to taxable years beginning after .”
, , , provided that:

section 1807(c)(3) of Pub. L. 104–188section 1807(e) of Pub. L. 104–188section 23 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective Date note under .

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of Title 10Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Armed Forces.

Effective Date of 1992 Amendment

Pub. L. 102–318section 521(e) of Pub. L. 102–318section 402 of this titleAmendment by applicable to distributions after , see , set out as a note under .

Effective Date of 1989 Amendment

section 7816(c)(1) of Pub. L. 101–239Pub. L. 100–647section 7817 of Pub. L. 101–239section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, , to which such amendment relates, see , set out as a note under .

Pub. L. 101–239, title VII, § 7841(c)(2)103 Stat. 2428

“The amendment made by paragraph (1) [amending this section] shall apply to contributions after the date of the enactment of this Act [] in taxable years ending after such date.”
, , , provided that:

Effective Date of 1988 Amendment

Pub. L. 100–647, title I, § 1011(a)(2)102 Stat. 3456

“(A)
Except as provided in subparagraph (B), the amendment made by paragraph (1) [amending this section] shall apply to taxable years beginning after .
“(B)
A taxpayer may elect to have the amendment made by paragraph (1) apply to any taxable year beginning in 1987.”
, , , provided that:

section 6009(c)(2) of Pub. L. 100–647section 6009(d) of Pub. L. 100–647section 86 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 1986 Amendment

section 301(b)(4) of Pub. L. 99–514section 301(c) of Pub. L. 99–514section 62 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Pub. L. 99–514section 1101(c) of Pub. L. 99–514section 72 of this titleAmendment by section 1101(a), (b)(1), (2)(A) of applicable to contributions for taxable years beginning after , see , set out as a note under .

Pub. L. 99–514, title XI, § 1102(g)100 Stat. 2417

“The amendments made by this section [amending this section and sections 408, 3405, 4973, and 6693 of this title] shall apply to contributions and distributions for taxable years beginning after .”
, , , provided that:

Pub. L. 99–514, title XI, § 1103(b)100 Stat. 2417

“The amendment made by this section [amending this section] shall apply to taxable years beginning before, on, or after .”
, , , provided that:

Pub. L. 99–514, title XI, § 1108(h)100 Stat. 2435Pub. L. 100–647, title I, § 1011(f)(7)102 Stat. 3463

“(1)

In general .—

Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 402, 404, 408, 415, 3121, and 3306 of this title] shall apply to years beginning after .
“(2)

Integration rules .—

Subparagraphs (D) and (E) of section 408(k)(3) of the Internal Revenue Code of 1954 (as in effect before the amendments made by this section) shall continue to apply for years beginning after , and before , except that employer contributions under an arrangement under section 408(k)(6) of the Internal Revenue Code of 1986 (as added by this section) may not be integrated under such subparagraphs.”
, , , as amended by , , , provided that:

Pub. L. 99–514, title XI, § 1109(c)100 Stat. 2435

section 501 of this title“The amendments made by this section [amending this section and ] shall apply to taxable years beginning after .”
, , , provided that:

section 1501(d)(1)(B) of Pub. L. 99–514section 1501(e) of Pub. L. 99–514section 6721 of this titleAmendment by , applicable to returns the due date for which (determined without regard to extensions) is after , see , set out as an Effective Date note under .

Pub. L. 99–514section 238 of Pub. L. 97–248section 1875(c)(12) of Pub. L. 99–514section 62 of this titleAmendment by section 1875(c)(4), (6)(B) of effective as if included in the amendments made by , which amended sections 401, 404, 408, 415, and 1379 of this title, see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–369, div. A, title I, § 147(d)98 Stat. 687

“(1)

In general .—

section 408 of this titleExcept as provided in paragraph (2), the amendments made by this section [amending this section and ] shall apply to contributions made after .
“(2)

Subsection (b).—

section 6693 of this titleThe amendment made by subsection (b) [amending ] shall apply to failures occurring after the date of the enactment of this Act [].”
, , , provided that:

Pub. L. 98–369, div. A, title IV, § 422(e)98 Stat. 798Pub. L. 99–514, § 2100 Stat. 2095

“(1)

In general .—

Except as otherwise provided in this subsection, the amendments made by this section [amending this section and sections 71, 215, 682, 6676, and 7701 of this title] shall apply with respect to divorce or separation instruments (as defined in section 71(b)(2) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], as amended by this section) executed after .
“(2)

Modifications of instruments executed before .—

The amendments made by this section shall also apply to any divorce or separation instrument (as so defined) executed before , but modified on or after such date if the modification expressly provides that the amendments made by this section shall apply to such modification.
“(3)

Requirement of identification number .—

section 6676 of this title[Former] Section 215(c) of the Internal Revenue Code of 1986 (as amended by subsection (b)) and the amendments made by subsection (c) [amending ] shall apply to payments made after .”
, , , as amended by , , , provided that:

Pub. L. 98–369section 491(f)(1) of Pub. L. 98–369section 62 of this titleAmendment by section 491(d)(6)–(8) of applicable to obligations issued after , see , set out as a note under .

Pub. L. 98–369, div. A, title V, § 529(c)98 Stat. 877

“The amendments made by this section [amending this section] shall apply to taxable years beginning after .”
, , , provided that:

section 713(d)(2) of Pub. L. 98–369Pub. L. 97–248section 715 of Pub. L. 98–369section 31 of this titleAmendment by effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, , to which such amendment relates, see , set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 97–448Pub. L. 97–34section 109 of Pub. L. 97–448section 1 of this titleAmendment by effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, , to which such amendment relates, see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–248section 243(c) of Pub. L. 97–248section 408 of this titleAmendment by applicable to with respect to individuals dying after , see , as amended, set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–34, title III, § 311(i)95 Stat. 282Pub. L. 97–448, title I, § 103(c)(11)96 Stat. 2377Pub. L. 99–514, § 2100 Stat. 2095

“(1)

In general.—

section 220 of this titleExcept as provided in this subsection, the amendments made by this section [amending this section and sections 62, 72, 402, 403, 408, 409, 415, 2039, 2503, 2517, 3401, 4973, 6047, and 6652 of this title and repealing ] shall apply to taxable years beginning after .
“(2)

Transitional rule.—

For purposes of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], any amount allowed as a deduction under section 220 of such Code (as in effect before its repeal by this Act) shall be treated as if it were allowed by section 219 of such Code.
“(3)

Certain bond rollover provisions.—

section 409 of this titleThe amendment made by subsection (g)(3) [amending ] shall apply to taxable years beginning after .
“(4)

Section 415 amendments.—

section 415 of this titleThe amendments made by subsections (g)(4) and (h)(3) [amending ] shall apply to years after .
“(5)

Estate and gift tax provisions.—

“(A)

Estate tax .—

section 2039 of this titleThe amendments made by subsections (d)(1) and (h)(4) [amending ] shall apply to the estates of decedents dying after .
“(B)

Gift tax .—

The amendments made by subsections (d)(2) and (h)(5) [amending sections 2503 and 2517 of this title] shall apply to transfers after .”
, , , as amended by , , ; , , , provided that:

section 312(c)(1) of Pub. L. 97–34section 401(c)(1) of this titlesection 312(f)(1) of Pub. L. 97–34section 72 of this titleAmendment by applicable to plans which include employees within the meaning of with respect to taxable years beginning after , see , set out as a note under .

Pub. L. 97–34, title III, § 313(c)95 Stat. 286

“The amendments made by this section [amending this section and sections 405, 408, 2039, and 4973 of this title] shall apply to redemptions after the date of the enactment of this Act [] in taxable years ending after such date.”
, , , provided that:

Effective Date of 1980 Amendment

Pub. L. 96–222Pub. L. 95–600section 201 of Pub. L. 96–222section 32 of this titleAmendment by effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, to which such amendment relates, see , set out as a note under .

Effective Date of 1978 Amendment

section 152(c) of Pub. L. 95–600section 152(h) of Pub. L. 95–600section 408 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

section 156(c)(3) of Pub. L. 95–600section 156(d) of Pub. L. 95–600section 403 of this titleAmendment by applicable to distributions or transfers made after , in taxable years beginning after such date, see set out as a note under .

Pub. L. 95–600, title I, § 157(a)(3)92 Stat. 2803

section 220 of this title“The amendments made by this subsection [amending this section and ] shall apply to taxable years beginning after .”
, , , provided that:

Pub. L. 95–600, title I, § 157(b)(4)(A)92 Stat. 2805

“The amendments made by this subsection [amending this section and sections 220 and 4973 of this title] shall apply to the determination of deductions for taxable years beginning after .”
, , , provided that:

Pub. L. 95–600, title VII, § 703(c)(5)92 Stat. 2939

“The amendments made by this subsection [amending this section and sections 220 and 408 of this title] shall apply to taxable years beginning after .”
, , , provided that:

Effective Date of 1976 Amendment

section 1501(b)(4) of Pub. L. 94–455section 1501(d) of Pub. L. 94–455section 62 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective Date note under .

Pub. L. 94–455, title XV, § 1503(b)90 Stat. 1738

“The amendment made by this section [amending this section] shall apply to taxable years beginning after .”
, , , provided that:

section 1901(a)(32) of Pub. L. 94–455section 1901(d) of Pub. L. 94–455section 2 of this titleAmendment by applicable with respect to taxable years beginning after , see , set out as an Effective Date of 1976 Amendment note under .

Effective Date

Pub. L. 93–406, title II, § 2002(i)(1)88 Stat. 971

section 2002 of Pub. L. 93–406section 62 of this title“The amendments made by subsections (a), (b), and (c) [of , enacting this section and sections 408 and 409 of this title and amending ] apply to taxable years beginning after .”
, , , provided that:

Contributions for Taxable Years Ending Before

Pub. L. 109–227, § 2(c)120 Stat. 385

“(1)

In general .—

In the case of any taxpayer with respect to whom compensation was excluded from gross income under section 112 of the Internal Revenue Code of 1986 for any taxable year beginning after , and ending before the date of the enactment of this Act [], any contribution to an individual retirement plan made on account of such taxable year and not later than the last day of the 3-year period beginning on the date of the enactment of this Act shall be treated, for purposes of such Code, as having been made on the last day of such taxable year.
“(2)

Waiver of limitations.—

“(A)

Credit or refund .—

If the credit or refund of any overpayment of tax resulting from a contribution to which paragraph (1) applies is prevented at any time by the operation of any law or rule of law (including res judicata), such credit or refund may nevertheless be allowed or made if the claim therefor is filed before the close of the 1-year period beginning on the date that such contribution is made (determined without regard to paragraph (1)).
“(B)

Assessment of deficiency .—

The period for assessing a deficiency attributable to a contribution to which paragraph (1) applies shall not expire before the close of the 3-year period beginning on the date that such contribution is made. Such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.
“(3)

Individual retirement plan defined .—

For purposes of this subsection, the term ‘individual retirement plan’ has the meaning given such term by section 7701(a)(37) of such Code.”
, , , provided that:

Clarification of Treatment of Federal Judges

Pub. L. 100–203, title X, § 10103101 Stat. 1330–386Pub. L. 100–647, title II, § 2004(c)102 Stat. 3599

“(a)

General Rule .—

A Federal judge—
“(1)
shall be treated as an active participant in a plan established for its employees by the United States for purposes of section 219(g) of the Internal Revenue Code of 1986, and
“(2)
shall be treated as an employee for purposes of chapter 1 of such Code.
“(b)

Effective Date .—

The provisions of subsection (a) shall apply to taxable years beginning after .”
, , , as amended by , , , provided that:

Plan Amendments Not Required Until January 1, 1998

Pub. L. 104–188section 1465 of Pub. L. 104–188section 401 of this titleFor provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after , see , set out as a note under .

Plan Amendments Not Required Until January 1, 1994

Pub. L. 102–318section 523 of Pub. L. 102–318section 401 of this titleFor provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of 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 , see , set out as a note under .

Plan Amendments Not Required Until January 1, 1989

Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of this titleFor provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of 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 , see , as amended, set out as a note under .

Transitional Rules for Allowable Deductions for First Taxable Year Beginning in 1978

Pub. L. 95–600, title I, § 157(b)(4)(B)92 Stat. 2805Pub. L. 99–514, § 2100 Stat. 2095

“If, but for this subparagraph, an amount would be allowable as a deduction by reason of section 219(c)(5) or 220(c)(6) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] for a taxable year beginning before , such amount shall be allowable only for the taxpayer’s first taxable year beginning in 1978.”
, , , as amended by , , , provided that: