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

submitted 38 years ago by Pub. L. 100-647 to r/title-26-INTERNAL-REVENUE-CODE · 1,003 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets people skip paying tax on interest from cashing in savings bonds, if they use the money for qualified college tuition and fees. The tax-free amount shrinks if income is too high or bond proceeds exceed expenses. Only joint filers qualify if married.

(a) General rule. If someone redeems a "qualified United States savings bond" during the tax year and uses the money to pay "qualified higher education expenses" that same year, the redemption money is not included in their taxable income. (b) Limitations. (1) Limit when bond proceeds exceed expenses: if the total bond proceeds someone redeems during the year are more than the qualified education expenses they paid that year, the tax-free amount is capped. It can only be as large as a fraction of what would otherwise be excludable — a fraction where the top number is the education expenses paid, and the bottom number is the total bond proceeds redeemed. (2) Limit based on income: if the taxpayer's modified adjusted gross income is over $40,000 ($60,000 for a joint return), the tax-free amount shrinks. Start with the amount that would otherwise be excludable. Figure the taxpayer's income above the $40,000 or $60,000 threshold. Reduce the excludable amount by the same fraction that this excess income bears to $15,000 ($30,000 for a joint return) — so the exclusion is fully phased out once income is $15,000 (or $30,000) over the threshold. Starting with tax years after 1990, the $40,000 and $60,000 thresholds increase each year using a cost-of-living formula tied to a separate part of the tax code. If the adjusted number is not a multiple of $50, round it to the nearest $50 — round up to the next $50 if it lands exactly on a multiple of $25. (c) Definitions. (1) A "qualified United States savings bond" is a savings bond issued after December 31, 1989, to someone who was at least 24 years old when it was issued, sold at a discount under the relevant Treasury law. (2) "Qualified higher education expenses" means tuition and fees required for the taxpayer, the taxpayer's spouse, or a dependent the taxpayer claims, to enroll in or attend an eligible school. This does not include expenses for sports, games, or hobby courses, unless they are part of a degree program. It does include contributions made to a 529 qualified tuition program, or to a Coverdell education savings account, on behalf of someone described above — though the tax-free part of such a contribution does not increase that person's "investment in the contract" for other tax purposes. (3) "Eligible educational institution" has the same meaning given in section 529(e)(5). (4) "Modified adjusted gross income" means the taxpayer's regular adjusted gross income, calculated while ignoring this section and several other specific sections — including ones covering foreign income exclusions and student loan interest — and after applying a few other specific sections, including the ones covering Social Security income and passive activity losses. (d) Special rules. (1) Before applying the (b) limits, qualified education expenses must first be reduced by any amount the individual received for that education as: a tax-free scholarship; a VA educational assistance allowance; a tax-exempt payment for education expenses, other than a gift, bequest, devise, or inheritance; or a payment, waiver, or reimbursement under a 529 tuition program. (2) Expenses must also be reduced, before the (b) limits, by whatever amount was used to figure the education tax credit under section 25A, and by amounts used to figure the tax-free treatment under the 529 and Coverdell account rules. (3) Married taxpayers who file separate returns cannot use this exclusion at all — it applies only if a married taxpayer and their spouse file a joint return for the year. (4) The Treasury Secretary may write regulations needed to carry out this section, including rules on recordkeeping and information reporting.
the actual law source: uscode.house.gov ↗public domain
(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 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.

(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.

Source credit: (Added Pub. L. 100–647, title VI, § 6009(a), Nov. 10, 1988, 102 Stat. 3688; amended Pub. L. 101–239, title VII, § 7816(c)(2), Dec. 19, 1989, 103 Stat. 2420; Pub. L. 101–508, title XI, §§ 11101(d)(1)(E), 11702(h), Nov. 5, 1990, 104 Stat. 1388–405, 1388–516; Pub. L. 104–188, title I, §§ 1703(d), 1806(b)(1), 1807(c)(2), Aug. 20, 1996, 110 Stat. 1875, 1898, 1902; Pub. L. 105–34, title II, §§ 201(d), 211(c), 213(e)(2), Aug. 5, 1997, 111 Stat. 805, 811, 817; Pub. L. 105–206, title VI, § 6004(c)(1), (d)(4), (9), July 22, 1998, 112 Stat. 793–795; Pub. L. 105–277, div. J, title IV, § 4003(a)(2)(B), Oct. 21, 1998, 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), June 7, 2001, 115 Stat. 59–62, 68; Pub. L. 107–22, § 1(b)(1)(B), (3)(B), July 26, 2001, 115 Stat. 197; Pub. L. 108–357, title I, § 102(d)(1), Oct. 22, 2004, 118 Stat. 1428; Pub. L. 115–97, title I, §§ 11002(d)(1)(M), 13305(b)(1), Dec. 22, 2017, 131 Stat. 2060, 2126; Pub. L. 116–260, div. EE, title I, § 104(b)(2)(D), Dec. 27, 2020, 134 Stat. 3041; Pub. L. 117–2, title IX, § 9042(b)(3), Mar. 11, 2021, 135 Stat. 122.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-647 · 102 Stat. 3688
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2420
  • 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
  • 1996Amended · Pub. L. 104-188 · 110 Stat. 1875, 1898, 1902
  • 1997Amended · Pub. L. 105-34 · 111 Stat. 805, 811, 817
  • 1998Amended · Pub. L. 105-206 · 112 Stat. 793
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2001Amended · Pub. L. 107-16 · 115 Stat. 59
  • 2001Amended · Pub. L. 107-22 · 115 Stat. 197
  • 2004Amended · Pub. L. 108-357 · 118 Stat. 1428
  • 2017Amended · Pub. L. 115-97 · 131 Stat. 2060, 2126
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 3041
  • 2021Amended · Pub. L. 117-2 · 135 Stat. 122

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-647 on 1988-11-10.

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