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Title 26 — Internal Revenue Code

Part III · Chapter 1 — Normal Taxes and Surtaxes

§ 135. Income from United States savings bonds used to pay higher education tuition and fees

Statutory text

(a)

General rule

In the case of an individual who pays qualified higher education expenses during the taxable year, no amount shall be includible in gross income by reason of the redemption during such year of any qualified United States savings bond.

(b)

Limitations

(1)

Limitation where redemption proceeds exceed higher education expenses

(A)

In general

If—

(i)

the aggregate proceeds of qualified United States savings bonds redeemed by the taxpayer during the taxable year exceed

(ii)

the qualified higher education expenses paid by the taxpayer during such taxable year,

the amount excludable from gross income under subsection (a) shall not exceed the applicable fraction of the amount excludable from gross income under subsection (a) without regard to this subsection.

(B)

Applicable fraction

For purposes of subparagraph (A), the term “applicable fraction” means the fraction the numerator of which is the amount described in subparagraph (A)(ii) and the denominator of which is the amount described in subparagraph (A)(i).

(2)

Limitation based on modified adjusted gross income

(A)

In general

If the modified adjusted gross income of the taxpayer for the taxable year exceeds $40,000 ($60,000 in the case of a joint return), the amount which would (but for this paragraph) be excludable from gross income under subsection (a) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so excludable as such excess bears to $15,000 ($30,000 in the case of a joint return).

(B)

Inflation adjustment

In the case of any taxable year beginning in a calendar year after 1990, the $40,000 and $60,000 amounts contained in subparagraph (A) shall be increased by an amount equal to—

(i)

such dollar amount, multiplied by

(ii)

the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 1989” for “calendar year 2016” in subparagraph (A)(ii) thereof.

(C)

Rounding

If any amount as adjusted under subparagraph (B) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50).

(c)

Definitions

For purposes of this section—

(1)

Qualified United States savings bond

The term “qualified United States savings bond” means any United States savings bond issued—

(A)

after ,

(B)

to an individual who has attained age 24 before the date of issuance, and

(C)

at discount under section 3105 of title 31, United States Code.

(2)

Qualified higher education expenses

(A)

In general

The term “qualified higher education expenses” means tuition and fees required for the enrollment or attendance of—

(i)

the taxpayer,

(ii)

the taxpayer’s spouse, or

(iii)

any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151,

at an eligible educational institution.

(B)

Exception for education involving sports, etc.

Such term shall not include expenses with respect to any course or other education involving sports, games, or hobbies other than as part of a degree program.

(C)

Contributions to qualified tuition program and Coverdell education savings accounts

Such term shall include any contribution to a qualified tuition program (as defined in section 529) on behalf of a designated beneficiary (as defined in such section), or to a Coverdell education savings account (as defined in section 530) on behalf of an account beneficiary, who is an individual described in subparagraph (A); but there shall be no increase in the investment in the contract for purposes of applying section 72 by reason of any portion of such contribution which is not includible in gross income by reason of this subparagraph.

(3)

Eligible educational institution

The term “eligible educational institution” has the meaning given such term by section 529(e)(5).

(4)

Modified adjusted gross income

The term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year determined—

(A)

without regard to this section and sections 85(c), 137, 221, 911, 931, and 933, and

(B)

after the application of sections 86, 469, and 219.

(d)

Special rules

(1)

Adjustment for certain scholarships and veterans benefits

The amount of qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as—

(A)

a qualified scholarship which under section 117 is not includable in gross income,

(B)

an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code,

(C)

a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to attendance at an eligible educational institution, which is exempt from income taxation by any law of the United States, or

(D)

a payment, waiver, or reimbursement of qualified higher education expenses under a qualified tuition program (within the meaning of section 529(b)).

(2)

Coordination with other higher education benefits

The amount of the qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by—

(A)

the amount of such expenses which are taken into account in determining the credit allowed to the taxpayer or any other person under section 25A with respect to such expenses; and

(B)

the amount of such expenses which are taken into account in determining the exclusions under sections 529(c)(3)(B) and 530(d)(2).

(3)

No exclusion for married individuals filing separate returns

If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and his spouse file a joint return for the taxable year.

(4)

Regulations

The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring record keeping and information reporting.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 title VI § 6009(a) · 102 Stat. 3342

    Enacted · 26 U.S.C. § 135

    Added Pub. L. 100–647, title VI, § 6009(a), Nov. 10, 1988, 102 Stat. 3688

    Source evidence

    Code source credit
    Added Pub. L. 100–647, title VI, § 6009(a), Nov. 10, 1988, 102 Stat. 3688

    Enacted provision · exact public law section
    (a) In General.— Part III of subchapter B of chapter 1 of the 1986 Code (relating to items specifically excluded from gross income) is amended by redesignating section 135 as section 136 and by inserting after section 134 the following new section: “SEC. 135. INCOME FROM UNITED STATES SAVINGS BONDS USED TO PAY HIGHER EDUCATION TUITION AND FEES. “(a) General Rule.— In the case of an individual who pays qualified higher education expenses during the taxable year, no amount shall be includible in gross income by reason of the redemption during such year of any qualified United States savings bond. “(b) Limitations.— “(1) Limitation where redemption proceeds exceed higher education expenses.— “(A) In general.— If— “(i) the aggregate proceeds of qualified United States savings bonds redeemed by the taxpayer during the taxable year exceed “(ii) the qualified higher education expenses paid by the taxpayer during such taxable year, the amount excludable from gross income under subsection (a) shall not exceed the applicable fraction of the amount excludable from gross income under subsection (a) without regard to this subsection. “(B) Applicable fraction.— For purposes of subparagraph (A), the term ‘applicable fraction’ means the fraction the numerator of which is the amount described in subparagraph (A)(ii) and the denominator of which is the amount described in subparagraph (A)(i). “(2) Limitation based on modified adjusted gross income.— “(A) In general.— If the modified adjusted gross income of the taxpayer for the taxable year exceeds $40,000 ($60,000 in the case of a joint return), the amount which would (but for this paragraph) be excludable from gross income under subsection (a) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so excludable as such excess bears to $15,000 ($30,000 in the case of a joint return). “(B) Inflation adjustment.— In the case of any taxable year beginning in a calendar year after 1990, each dollar amount contained in subparagraph (A) shall be increased by an amount equal to— “(i) such dollar amount, multiplied by “(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 1989’ for ‘calendar year 1987’ in subparagraph (B) thereof. “(C) Rounding.— If any amount as adjusted under subparagraph (A) or (B) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50). “(c) Definitions.— For purposes of this section— “(1) Qualified united states savings bond.— The term ‘qualified United States savings bond’ means any United States savings bond issued— “(A) after December 31, 1989, “(B) to an individual who has attained age 24 before the date of issuance, and “(C) at discount under section 3105 of title 31, United States Code. “(2) Qualified higher education expenses.— “(A) In general.— The term ‘qualified higher education expenses’ means tuition and fees required for the enrollment or attendance of— “(i) the taxpayer, “(ii) the taxpayer’s spouse, or “(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution. “(B) Exception for education involving sports, etc.— Such term shall not include expenses with respect to any course or other education involving sports, games, or hobbies other than as part of a degree program. (3) Eligible educational institution.— The term ‘eligible educational institution’ means— “(A) an institution described in section 1201(a) or subparagraph (C) or (D) of section 481(a)(1) of the Higher Education Act of 1965 (as in effect on October 21, 1988), and “(B) an area vocational education school (as defined in subparagraph (C) or (D) of section 521(3) of the Carl D. Perkins Vocational Education Act) which is in any State (as defined in section 521(27) of such Act), as such sections are in effect on October 21, 1988. (4) Modified adjusted gross income.— The term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year determined— “(A) without regard to this section and sections 911, 931, and 933, and “(B) after the application of sections 86, 469, and 219. “(d) Special Rules.— (1) Adjustment for certain scholarships and veterans benefits.— The amount of qualified higher education expenses otherwise taken into account under subsection (a) respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as— “(A) a qualified scholarship which under section 117 is not includable in gross income, “(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or “(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to attendance at an eligible educational institution, which is exempt from income taxation by any law of the United States. (2) No Exclusion for married individuals filing separate returns.— If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and his spouse file a joint return for the taxable year. (3) Regulations.— The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring record keeping and information reporting.”

  2. Revenue Reconciliation Act of 1989

    Pub. L. 101–239 title VII § 7816(c)(2) · 103 Stat. 2106

    Substituted · 26 U.S.C. § 135(d)(1)

    Pub. L. 101–239 substituted “subsection (a) with respect to” for “subsection (a) respect to”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 101–239 substituted “subsection (a) with respect to” for “subsection (a) respect to”.

    Enacted provision · exact public law section
    (2) Paragraph (1) of section 135(d) is amended by striking “subsection (a) respect to” and inserting “subsection (a) with respect to”.

  3. Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11702(h)(1) · 104 Stat. 1388

    Substituted · 26 U.S.C. § 135(b)(2)(B)

    Pub. L. 101–508, § 11702(h)(1), substituted “the $40,000 and $60,000 amounts” for “each dollar amount” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 101–508, § 11702(h)(1), substituted “the $40,000 and $60,000 amounts” for “each dollar amount” in introductory provisions.

    Enacted provision · exact public law section
    (1) Subparagraph (B) of section 135(b)(2) is amended by striking “each dollar amount” and inserting “the $40,000 and $60,000 amounts”.

  4. Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11101(d)(1)(E) · 104 Stat. 1388

    Substituted · 26 U.S.C. § 135(b)(2)(B)(ii)

    Pub. L. 101–508, § 11101(d)(1)(E), struck out before period at end “, determined by substituting ‘calendar year 1989’ for ‘calendar year 1987’ in subparagraph (B) thereof”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(ii). Pub. L. 101–508, § 11101(d)(1)(E), struck out before period at end “, determined by substituting ‘calendar year 1989’ for ‘calendar year 1987’ in subparagraph (B) thereof”.

    Enacted provision · exact public law section
    (E) Clause (ii) of section 135(b)(2)(B) is amended by striking “, determined by substituting ‘calendar year 1989’ for ‘calendar year 1987’ in subparagraph (B) thereof”.

  5. Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11702(h)(2) · 104 Stat. 1388

    Struck · 26 U.S.C. § 135(b)(2)(C)

    Pub. L. 101–508, § 11702(h)(2), struck out “(A) or” after “subparagraph”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 101–508, § 11702(h)(2), struck out “(A) or” after “subparagraph”.

    Enacted provision · exact public law section
    (2) Subparagraph (O of section 135(b)(2) is amended by striking “(A) or”.

  6. Small Business Job Protection Act of 1996

    Pub. L. 104–188 § 1703(d) · 110 Stat. 1755

    Substituted · 26 U.S.C. § 135(b)(2)(B)(ii)

    Pub. L. 104–188, § 1703(d), inserted “, determined by substituting ‘calendar year 1989’ for ‘calendar year 1992’ in subparagraph (B) thereof” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(ii). Pub. L. 104–188, § 1703(d), inserted “, determined by substituting ‘calendar year 1989’ for ‘calendar year 1992’ in subparagraph (B) thereof” before period at end.

    Enacted provision · exact public law section
    (d) Amendment Related to Section 13201.— Clause (ii) of section 135(b)(2)(B) is amended by inserting before the period at 26 USC 135. the end thereof the following: “, determined by substituting ‘calendar year 1989’ for ‘calendar year 1992’ in subparagraph (B) thereof”.

  7. Small Business Job Protection Act of 1996

    Pub. L. 104–188 § 1807(c)(2) · 110 Stat. 1755

    Inserted · 26 U.S.C. § 135(c)(4)(A)

    Pub. L. 104–188, § 1807(c)(2), inserted “137,” before “911”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 104–188, § 1807(c)(2), inserted “137,” before “911”.

    Enacted provision · exact public law section
    (2) Sections 86(b)(2)(A) and 135(c)(4)(A) are each amended by inserting “137,” before “911”.

  8. Small Business Job Protection Act of 1996

    Pub. L. 104–188 § 1806(b)(1) · 110 Stat. 1755

    Added · 26 U.S.C. § 135(d)(1)(D)

    Pub. L. 104–188, § 1806(b)(1), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(D). Pub. L. 104–188, § 1806(b)(1), added subpar. (D).

    Enacted provision · exact public law section
    (1) Section 135(d)(1) is amended by striking “or” at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting “, or”, and by adding at the end the following new subparagraph: “(D) a payment, waiver, or reimbursement of qualified higher education expenses under a qualified State tuition program (within the meaning of section 529(b)).”.

  9. Pub. L. 105–34 § 213(e)(2) · 111 Stat. 788

    Inserted · 26 U.S.C. § 135(c)(2)(C)

    Pub. L. 105–34, § 213(e)(2), inserted “, or to an education individual retirement account (as defined in section 530) on behalf of an account beneficiary,” after “(as defined in such section)”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). Pub. L. 105–34, § 213(e)(2), inserted “, or to an education individual retirement account (as defined in section 530) on behalf of an account beneficiary,” after “(as defined in such section)”.

    Enacted provision · exact public law section
    (2) Subparagraph (C) of section 135(c)(2), as added by the preceding section, is amended by inserting “, or to an education individual retirement account (as defined in section 530) on behalf of an account beneficiary,” after “(as defined in such section)”.

  10. Pub. L. 105–34 § 211(c) · 111 Stat. 788

    Added · 26 U.S.C. § 135(c)(2)(C)

    Pub. L. 105–34, § 211(c), added subpar. (C)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–34, § 211(c), added subpar. (C).

    Enacted provision · exact public law section
    (c) Coordination With Education Savings Bond.— Section 135(c)(2) (defining Qualified higher education expenses) is amended by adding at the end the following: “(C) Contributions to qualified state tuition program.— Such term shall include any contribution to a qualified State tuition program (as defined in section 529) on behalf of a designated beneficiary (as defined in such section) who is an individual described in subparagraph (A); but there shall be no increase in the investment in the contract for purposes of applying section 529(c)(3)(A) by reason of any portion of such contribution which is not includible in gross income by reason of this subparagraph.”,

  11. Pub. L. 105–34 § 201(d) · 111 Stat. 788

    1. Added · 26 U.S.C. § 135(d)(2)(4)

      Pub. L. 105–34, § 201(d), added par. (2)

    2. Redesignated · 26 U.S.C. § 135(d)(2)(4)

      Pub. L. 105–34, § 201(d), redesignated former pars. (2) and (3) as (3) and (4), respectively

    Source evidence

    Code amendment note
    Subsec. (d)(2) to (4). Pub. L. 105–34, § 201(d), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

    Enacted provision · exact public law section
    (d) Coordination With Section 135.— Subsection (d) of section 135 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: “(2) Coordination with higher education credit.—The amount of the qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A with respect to such expenses.”.

  12. Internal Revenue Service Restructuring and Reform Act of 1998

    Pub. L. 105–206 § 6004(d)(9) · 112 Stat. 685

    1. Inserted · 26 U.S.C. § 135(c)(2)(C)

      Pub. L. 105–206, § 6004(d)(9), inserted “and education individual retirement accounts” after “program” in heading

    2. Substituted · 26 U.S.C. § 135(c)(2)(C)

      Pub. L. 105–206, § 6004(d)(9), substituted “section 72” for “section 529(c)(3)(A)” in text

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). Pub. L. 105–206, § 6004(d)(9), inserted “and education individual retirement accounts” after “program” in heading and substituted “section 72” for “section 529(c)(3)(A)” in text.

    Enacted provision · exact public law section
    (9) Subparagraph (C) of section 135(c)(2) of the 1986 Code is amended— (A) by inserting “and education individual retirement accounts” in the heading after “program”; and (B) by striking “section 529(c)(3)(A)” and inserting “section 72”.

  13. Internal Revenue Service Restructuring and Reform Act of 1998

    Pub. L. 105–206 § 6004(c)(1) · 112 Stat. 685

    Amended · 26 U.S.C. § 135(c)(3)

    Pub. L. 105–206, § 6004(c)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘eligible educational institution’ means—

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 105–206, § 6004(c)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘eligible educational institution’ means—

    “(A) an institution described in section 1201(a) or subparagraph (C) or (D) of section 481(a)(1) of the Higher Education Act of 1965 (as in effect on October 21, 1988), and “(B) an area vocational education school (as defined in subparagraph (C) or (D) of section 521(3) of the Carl D. Perkins Vocational Education Act) which is in any State (as defined in section 521(27) of such Act), as such sections are in effect on October 21, 1988.”

    Enacted provision · exact public law section
    (1) Paragraph (3) of section 135(c) of the 1986 Code is amended to read as follows: “(3) Eligible educational institution.— The term ‘eligible educational institution’ has the meaning given such term by section 529(e)(5).”.

  14. Internal Revenue Service Restructuring and Reform Act of 1998

    Pub. L. 105–206 § 6004(d)(4) · 112 Stat. 685

    1. Substituted · 26 U.S.C. § 135(d)(2)

      Pub. L. 105–206, § 6004(d)(4), substituted “other higher education benefits” for “higher education credit” in heading

    2. Amended · 26 U.S.C. § 135(d)(2)

      Pub. L. 105–206, § 6004(d)(4), amended text of par. (2) generally. Prior to amendment, text read as follows: “The amount of the qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A with respect to such expenses.”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 105–206, § 6004(d)(4), substituted “other higher education benefits” for “higher education credit” in heading and amended text of par. (2) generally. Prior to amendment, text read as follows: “The amount of the qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A with respect to such expenses.”

    Enacted provision · exact public law section
    (4) Paragraph (2) of section 135(d) of the 1986 Code is amended to read as follows: “(2) Coordination with other higher education benefits.— The amount of the qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by— “(A) the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A with respect to such expenses; and “(B) the amount of such expenses which are taken into account in determining the exclusion under section 530(d)(2).”.

  15. Pub. L. 105–277 div. J title IV § 4003(a)(2)(B) · 112 Stat. 2681

    Inserted · 26 U.S.C. § 135(c)(4)(A)

    Pub. L. 105–277 inserted “221,” after “137,”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 105–277 inserted “221,” after “137,”.

    Enacted provision · exact public law section
    (B) Sections 86(b)(2)(A), 135(c)(4)(A), and 219(g)(3)(A)(ii) of the 1986 Code are each amended by inserting “221,” after “137,”.

  16. Pub. L. 107–16 § 402(a)(4)(A) · 115 Stat. 38

    Substituted · 26 U.S.C. § 135(c)(2)(C)

    Pub. L. 107–16, § 402(a)(4)(A), (B), substituted “qualified tuition” for “qualified State tuition” in heading and text

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–16, § 402(a)(4)(A), (B), substituted “qualified tuition” for “qualified State tuition” in heading and text.

    Enacted provision · exact public law section
    (A) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) are amended by striking “qualified State tuition” each place it appears and inserting “qualified tuition”.

  17. Pub. L. 107–16 § 431(c)(1) · 115 Stat. 38

    Inserted · 26 U.S.C. § 135(c)(4)(A)

    Pub. L. 107–16, § 431(c)(1), inserted “222,” after “221,”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 107–16, § 431(c)(1), inserted “222,” after “221,”.

    Enacted provision · exact public law section
    (1) Sections 86(b)(2), 135(c)(4), 137(b)(3), and 219(g)(3) are each amended by inserting “222,” after “221,”.

  18. Pub. L. 107–16 § 402(a)(4)(A) · 115 Stat. 38

    Substituted · 26 U.S.C. § 135(d)(1)(D)

    Pub. L. 107–16, § 402(a)(4)(A), substituted “qualified tuition” for “qualified State tuition”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(D). Pub. L. 107–16, § 402(a)(4)(A), substituted “qualified tuition” for “qualified State tuition”.

    Enacted provision · exact public law section
    (A) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) are amended by striking “qualified State tuition” each place it appears and inserting “qualified tuition”.

  19. Pub. L. 107–16 § 401(g)(2)(B) · 115 Stat. 38

    Substituted · 26 U.S.C. § 135(d)(2)(A)

    Pub. L. 107–16, § 401(g)(2)(B), substituted “allowed” for “allowable”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 107–16, § 401(g)(2)(B), substituted “allowed” for “allowable”.

    Enacted provision · exact public law section
    (B) Section 135(d)(2)(A) is amended by striking “allowable” and inserting “allowed”.

  20. Pub. L. 107–16 § 402(b)(2)(A) · 115 Stat. 38

    Substituted · 26 U.S.C. § 135(d)(2)(B)

    Pub. L. 107–16, § 402(b)(2)(A), substituted “the exclusions under sections 529(c)(3)(B) and 530(d)(2)” for “the exclusion under section 530(d)(2)”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 107–16, § 402(b)(2)(A), substituted “the exclusions under sections 529(c)(3)(B) and 530(d)(2)” for “the exclusion under section 530(d)(2)”.

    Enacted provision · exact public law section
    (B) by adding at the end the following new flush sentence: “Except to the extent provided in regulations, a program established and maintained by 1 or more eligible educational institutions shall not be treated as a qualified tuition program unless such program provides that amounts are held in a qualified trust and such program has received a ruling or determination that such program meets the applicable requirements for a qualified tuition program. For purposes of the preceding sentence, the term ‘qualified trust’ means a trust which is created or organized in the United States for the exclusive benefit of designated beneficiaries and with respect to which the requirements of paragraphs (2) and (5) of section 408(a) are met.”.

  21. Pub. L. 107–22 § 1(b)(1)(B) · 115 Stat. 196

    1. Substituted · 26 U.S.C. § 135(c)(2)(C)

      Pub. L. 107–22, in heading substituted “Coverdell education savings” for “education individual retirement”

    2. Substituted · 26 U.S.C. § 135(c)(2)(C)

      Pub. L. 107–22, in heading substituted “a Coverdell education savings” for “an education individual retirement”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). Pub. L. 107–22, in heading substituted “Coverdell education savings” for “education individual retirement” and in text substituted “a Coverdell education savings” for “an education individual retirement”.

    Enacted provision · exact public law section
    (B) Section 135(c)(2)(C).

  22. Pub. L. 108–357 title I § 102(d)(1) · 118 Stat. 1418

    Inserted · 26 U.S.C. § 135(c)(4)(A)

    Pub. L. 108–357 inserted “199,” before “221”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 108–357 inserted “199,” before “221”.

    Enacted provision · exact public law section
    (1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), and 219(g)(3)(A)(ii) are each amended by inserting “199,” before “221”.

  23. Pub. L. 115–97 § 11002(d)(1)(M) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 135(b)(2)(B)(ii)

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

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(ii). Pub. L. 115–97, § 11002(d)(1)(M), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.

    Enacted provision · exact public law section
    (M) Section 135(b)(2)(B)(ii).

  24. Pub. L. 115–97 § 13305(b)(1) · 131 Stat. 2054

    Struck · 26 U.S.C. § 135(c)(4)(A)

    Pub. L. 115–97, § 13305(b)(1), struck out “199,” before “221”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 115–97, § 13305(b)(1), struck out “199,” before “221”.

    Enacted provision · exact public law section
    (1) Sections 74(d)(2)(B), 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), 219(g)(3)(A)(ii), 221(b)(2)(C), 222(b)(2)(C), 246(b)(1), and 469(i)(3)(F)(iii) are each amended by striking “199,”.

  25. Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 div. EE title I § 104(b)(2)(D) · 134 Stat. 1182

    Struck · 26 U.S.C. § 135(c)(4)(A)

    Pub. L. 116–260 struck out “222,” after “221,”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 116–260 struck out “222,” after “221,”.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

  26. American Rescue Plan Act of 2021

    Pub. L. 117–2 title IX § 9042(b)(3) · 135 Stat. 4

    Inserted · 26 U.S.C. § 135(c)(4)(A)

    Pub. L. 117–2 inserted “85(c),” before “137”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 117–2 inserted “85(c),” before “137”.

    Enacted provision · exact public law section
    (3) Section 135(c)(4)(A) of such Code is amended by inserting “85(c),” before “137”.

    Effective date note
    Amendment by Pub. L. 117–2 applicable to taxable years beginning after Dec. 31, 2019, see section 9042(c) of Pub. L. 117–2, set out as a note under section 74 of this title.

30 of 30 references resolved to an enrolled provision

Notes

Inflation Adjusted Items for Certain Years

For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.

Editorial Notes

Prior Provisions

A prior section 135 was renumbered section 140 of this title.

Amendments1989–2021 · 10 rounds

2021

Subsec. (c)(4)(A). Pub. L. 117–2 inserted “85(c),” before “137”.

2020

Subsec. (c)(4)(A). Pub. L. 116–260 struck out “222,” after “221,”.

2017

Subsec. (b)(2)(B)(ii). Pub. L. 115–97, § 11002(d)(1)(M), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.

Subsec. (c)(4)(A). Pub. L. 115–97, § 13305(b)(1), struck out “199,” before “221”.

2004

Subsec. (c)(4)(A). Pub. L. 108–357 inserted “199,” before “221”.

2001

Subsec. (c)(2)(C). Pub. L. 107–22, in heading substituted “Coverdell education savings” for “education individual retirement” and in text substituted “a Coverdell education savings” for “an education individual retirement”.

Pub. L. 107–16, § 402(a)(4)(A), (B), substituted “qualified tuition” for “qualified State tuition” in heading and text.

Subsec. (c)(4)(A). Pub. L. 107–16, § 431(c)(1), inserted “222,” after “221,”.

Subsec. (d)(1)(D). Pub. L. 107–16, § 402(a)(4)(A), substituted “qualified tuition” for “qualified State tuition”.

Subsec. (d)(2)(A). Pub. L. 107–16, § 401(g)(2)(B), substituted “allowed” for “allowable”.

Subsec. (d)(2)(B). Pub. L. 107–16, § 402(b)(2)(A), substituted “the exclusions under sections 529(c)(3)(B) and 530(d)(2)” for “the exclusion under section 530(d)(2)”.

1998

Subsec. (c)(2)(C). Pub. L. 105–206, § 6004(d)(9), inserted “and education individual retirement accounts” after “program” in heading and substituted “section 72” for “section 529(c)(3)(A)” in text.

Subsec. (c)(3). Pub. L. 105–206, § 6004(c)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘eligible educational institution’ means—

“(A) an institution described in section 1201(a) or subparagraph (C) or (D) of section 481(a)(1) of the Higher Education Act of 1965 (as in effect on ), and

“(B) an area vocational education school (as defined in subparagraph (C) or (D) of section 521(3) of the Carl D. Perkins Vocational Education Act) which is in any State (as defined in section 521(27) of such Act), as such sections are in effect on .”

Subsec. (c)(4)(A). Pub. L. 105–277 inserted “221,” after “137,”.

Subsec. (d)(2). Pub. L. 105–206, § 6004(d)(4), substituted “other higher education benefits” for “higher education credit” in heading and amended text of par. (2) generally. Prior to amendment, text read as follows: “The amount of the qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A with respect to such expenses.”

1997

Subsec. (c)(2)(C). Pub. L. 105–34, § 213(e)(2), inserted “, or to an education individual retirement account (as defined in section 530) on behalf of an account beneficiary,” after “(as defined in such section)”.

Pub. L. 105–34, § 211(c), added subpar. (C).

Subsec. (d)(2) to (4). Pub. L. 105–34, § 201(d), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

1996

Subsec. (b)(2)(B)(ii). Pub. L. 104–188, § 1703(d), inserted “, determined by substituting ‘calendar year 1989’ for ‘calendar year 1992’ in subparagraph (B) thereof” before period at end.

Subsec. (c)(4)(A). Pub. L. 104–188, § 1807(c)(2), inserted “137,” before “911”.

Subsec. (d)(1)(D). Pub. L. 104–188, § 1806(b)(1), added subpar. (D).

1990

Subsec. (b)(2)(B). Pub. L. 101–508, § 11702(h)(1), substituted “the $40,000 and $60,000 amounts” for “each dollar amount” in introductory provisions.

Subsec. (b)(2)(B)(ii). Pub. L. 101–508, § 11101(d)(1)(E), struck out before period at end “, determined by substituting ‘calendar year 1989’ for ‘calendar year 1987’ in subparagraph (B) thereof”.

Subsec. (b)(2)(C). Pub. L. 101–508, § 11702(h)(2), struck out “(A) or” after “subparagraph”.

1989

Subsec. (d)(1). Pub. L. 101–239 substituted “subsection (a) with respect to” for “subsection (a) respect to”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

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

Effective Date of 2020 Amendment

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

Effective Date of 2017 Amendment

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

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

Effective Date of 2004 Amendment

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

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–22 effective , see section 1(c) of Pub. L. 107–22, set out as a note under section 26 of this title.

Amendment by section 401(g)(2)(B) of Pub. L. 107–16 applicable to taxable years beginning after , see section 401(h) of Pub. L. 107–16, set out as a note under section 25A of this title.

Amendment by section 402(a)(4)(A), (B), (b)(2)(A) of Pub. L. 107–16 applicable to taxable years beginning after , see section 402(h) of Pub. L. 107–16, set out as a note under section 72 of this title.

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

Effective Date of 1998 Amendment

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

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

Effective Date of 1997 Amendment

Amendment by section 201(d) of Pub. L. 105–34 applicable to expenses paid after (in taxable years ending after such date), for education furnished in academic periods beginning after such date, see section 201(f) of Pub. L. 105–34, set out as an Effective Date note under section 25A of this title.

Amendment by section 211(c) of Pub. L. 105–34 applicable to taxable years beginning after , see section 211(f) of Pub. L. 105–34, set out as a note under section 529 of this title.

Amendment by section 213(e)(2) of Pub. L. 105–34 applicable to taxable years beginning after , see section 213(f) of Pub. L. 105–34, set out as a note under section 26 of this title.

Effective Date of 1996 Amendment

Amendment by section 1703(d) of Pub. L. 104–188 effective as if included in the provision of the Revenue Reconciliation Act of 1993, Pub. L. 103–66, §§ 13001–13444, to which such amendment relates, see section 1703(o) of Pub. L. 104–188, set out as a note under section 39 of this title.

Amendment by section 1806(b)(1) of Pub. L. 104–188 applicable to taxable years ending after , with transition rules applicable where States or agencies or instrumentalities thereof maintain on such date programs under which persons may purchase tuition credits or certificates on behalf of, or make contributions for education expenses of, designated beneficiaries, see section 1806(c) of Pub. L. 104–188, set out as an Effective Date note under section 529 of this title.

Amendment by section 1807(c)(2) of Pub. L. 104–188 applicable to taxable years beginning after , see section 1807(e) of Pub. L. 104–188, set out as an Effective Date note under section 23 of this title.

Effective Date of 1990 Amendment

Amendment by section 11101(d)(1)(E) of Pub. L. 101–508 applicable to taxable years beginning after , see section 11101(e) of Pub. L. 101–508, set out as a note under section 1 of this title.

Amendment by section 11702(h) of Pub. L. 101–508 effective as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 11702(j) of Pub. L. 101–508, set out as a note under section 59 of this title.

Effective Date of 1989 Amendment

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

Effective Date

Section applicable to taxable years beginning after , see section 6009(d) of Pub. L. 100–647, set out as an Effective Date of 1988 Amendment note under section 86 of this title.

Promotion of Public Awareness of Program

Pub. L. 100–647, title VI, § 6009(b), , 102 Stat. 3690, provided that: “The Secretary of the Treasury or his delegate shall take such actions as may be necessary to make the general public aware of the program established by this section [enacting this section, amending sections 86, 219, and 469 of this title, renumbering former section 135 of this title as section 136 of this title, and enacting provisions set out as notes below and under section 86 of this title].”

Parental Assistance With Tuition Stamp Study

Pub. L. 100–647, title VI, § 6009(e), , 102 Stat. 3690, directed Secretary of the Treasury or his delegate, after consultation with Secretary of Education or his delegate, to conduct a study of feasibility of using stamps or similar programs to encourage and facilitate savings by parents towards purchase of Series EE bonds eligible for exclusion and to submit, not later than , results of such study, together with any recommendations deemed appropriate, to Committee on Ways and Means of House of Representatives and Committee on Finance of Senate.

Credits

1988–2021 · 13 acts
  1. 1988Added Pub. L. 100–647, title VI, § 6009(a), , 102 Stat. 3688
  2. 1989amended Pub. L. 101–239, title VII, § 7816(c)(2), , 103 Stat. 2420
  3. 1990Pub. L. 101–508, title XI, §§ 11101(d)(1)(E), 11702(h), , 104 Stat. 1388–405, 1388–516
  4. 1996Pub. L. 104–188, title I, §§ 1703(d), 1806(b)(1), 1807(c)(2), , 110 Stat. 1875, 1898, 1902
  5. 1997Pub. L. 105–34, title II, §§ 201(d), 211(c), 213(e)(2), , 111 Stat. 805, 811, 817
  6. 1998Pub. L. 105–206, title VI, § 6004(c)(1), (d)(4), (9), , 112 Stat. 793–795
  7. 1998Pub. L. 105–277, div. J, title IV, § 4003(a)(2)(B), , 112 Stat. 2681–908
  8. 2001Pub. L. 107–16, title IV, §§ 401(g)(2)(B), 402(a)(4)(A), (B), (b)(2)(A), 431(c)(1), , 115 Stat. 59–62, 68
  9. 2001Pub. L. 107–22, § 1(b)(1)(B), (3)(B), , 115 Stat. 197
  10. 2004Pub. L. 108–357, title I, § 102(d)(1), , 118 Stat. 1428
  11. 2017Pub. L. 115–97, title I, §§ 11002(d)(1)(M), 13305(b)(1), , 131 Stat. 2060, 2126
  12. 2020Pub. L. 116–260, div. EE, title I, § 104(b)(2)(D), , 134 Stat. 3041
  13. 2021Pub. L. 117–2, title IX, § 9042(b)(3), , 135 Stat. 122.
Show as published

(Added Pub. L. 100–647, title VI, § 6009(a), , 102 Stat. 3688; amended Pub. L. 101–239, title VII, § 7816(c)(2), , 103 Stat. 2420; Pub. L. 101–508, title XI, §§ 11101(d)(1)(E), 11702(h), , 104 Stat. 1388–405, 1388–516; Pub. L. 104–188, title I, §§ 1703(d), 1806(b)(1), 1807(c)(2), , 110 Stat. 1875, 1898, 1902; Pub. L. 105–34, title II, §§ 201(d), 211(c), 213(e)(2), , 111 Stat. 805, 811, 817; Pub. L. 105–206, title VI, § 6004(c)(1), (d)(4), (9), , 112 Stat. 793–795; Pub. L. 105–277, div. J, title IV, § 4003(a)(2)(B), , 112 Stat. 2681–908; Pub. L. 107–16, title IV, §§ 401(g)(2)(B), 402(a)(4)(A), (B), (b)(2)(A), 431(c)(1), , 115 Stat. 59–62, 68; Pub. L. 107–22, § 1(b)(1)(B), (3)(B), , 115 Stat. 197; Pub. L. 108–357, title I, § 102(d)(1), , 118 Stat. 1428; Pub. L. 115–97, title I, §§ 11002(d)(1)(M), 13305(b)(1), , 131 Stat. 2060, 2126; Pub. L. 116–260, div. EE, title I, § 104(b)(2)(D), , 134 Stat. 3041; Pub. L. 117–2, title IX, § 9042(b)(3), , 135 Stat. 122.)

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