ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

26 U.S.C. § 221Interest on education loans

submitted 29 years ago by Pub. L. 105-34 to r/title-26-INTERNAL-REVENUE-CODE · 918 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets you deduct up to $2,500 of interest you paid on a qualified education loan each year. The deduction shrinks as your income rises above set thresholds, and disappears if someone else can claim you as a dependent. Both the income thresholds and what counts as a "qualified" loan or expense follow specific defined rules.

(a) Allowance of deduction: You can deduct the interest you paid during the taxable year on a qualified education loan. (b) Maximum deduction: (1) Except as paragraph (2) reduces it, your deduction for the year can't exceed $2,500. (2) Limitation based on income — the amount you could otherwise deduct is reduced, but never below zero, based on your modified adjusted gross income. Specifically, the reduction equals the deduction amount multiplied by a fraction: the excess of your modified adjusted gross income over $50,000 (or $100,000 for a joint return), divided by $15,000 (or $30,000 for a joint return). "Modified adjusted gross income" means your adjusted gross income figured without regard to this section and sections 85(c), 911, 931, and 933, but after applying sections 86, 135, 137, 219, and 469. (c) Dependents not eligible for deduction: You can't take this deduction for a taxable year if someone else is allowed a deduction for you under section 151 for a tax year beginning in the same calendar year your tax year begins. (d) Definitions: (1) "Qualified education loan" means debt you took on solely to pay qualified higher education expenses that were incurred on behalf of you, your spouse, or your dependent (as of when you took on the debt), paid or incurred within a reasonable time before or after taking on the debt, and tied to education during a period the recipient was an "eligible student." This includes debt used to refinance a qualified education loan. It does not include debt owed to someone related to you under specific tax-code relationship rules, or debt from certain loans against qualified employer retirement plans. (2) "Qualified higher education expenses" means the cost of attendance defined in the Higher Education Act of 1965 (as it stood before the Taxpayer Relief Act of 1997) at an eligible educational institution, reduced by any amount already excluded from your income under sections 127, 135, 529, or 530 for those same expenses, and reduced further by scholarships or similar payments described in section 25A(g)(2). "Eligible educational institution" here has the meaning given in section 25A(f)(2), and also includes institutions running an internship or residency program leading to a degree or certificate from a college, hospital, or health care facility offering postgraduate training. (3) "Eligible student" has the meaning given in section 25A(b)(3). (4) "Dependent" has the meaning given in section 152, without regard to certain exceptions listed there. (e) Special rules: (1) Denial of double benefit — you can't deduct an amount here if you can also deduct it under another provision, or if it's excludable under section 127 because your employer paid off your qualified education loan. Your otherwise-allowable deduction is also reduced by certain section 529 plan distributions that would have been included in your income but were instead treated as paying qualified higher education loan expenses. (2) Married couples must file joint return — if you're married at the end of the tax year, you can only take this deduction if you and your spouse file a joint return. (3) Marital status is determined under section 7703. (f) Inflation adjustments: (1) For tax years beginning after 2002, the $50,000 and $100,000 thresholds in subsection (b)(2) each increase every year by that amount multiplied by the cost-of-living adjustment factor under section 1(f)(3), using 2001 as the base year. (2) Any amount adjusted this way that isn't a multiple of $5,000 gets rounded down to the next lowest multiple of $5,000.
the actual law source: uscode.house.gov ↗public domain
(a) Allowance of deduction

In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan.

(b) Maximum deduction
(1) In general

Except as provided in paragraph (2), the deduction allowed by subsection (a) for the taxable year shall not exceed $2,500.

(2) Limitation based on modified adjusted gross income
(A) In general

The amount which would (but for this paragraph) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under subparagraph (B).

(B) Amount of reduction

The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as—

(i)

the excess of—

(I)

the taxpayer’s modified adjusted gross income for such taxable year, over

(II)

$50,000 ($100,000 in the case of a joint return), bears to

(ii)

$15,000 ($30,000 in the case of a joint return).

(C) Modified adjusted gross income

The term “modified adjusted gross income” means adjusted gross income determined—

(i)

without regard to this section and sections 85(c) 1 911, 931, and 933, and

(ii)

after application of sections 86, 135, 137, 219, and 469.

(c) Dependents not eligible for deduction

No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual’s taxable year begins.

(d) Definitions

For purposes of this section—

(1) Qualified education loan

The term “qualified education loan” means any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses—

(A)

which are incurred on behalf of the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer as of the time the indebtedness was incurred,

(B)

which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and

(C)

which are attributable to education furnished during a period during which the recipient was an eligible student.

Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term “qualified education loan” shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer or to any person by reason of a loan under any qualified employer plan (as defined in section 72(p)(4)) or under any contract referred to in section 72(p)(5).

(2) Qualified higher education expenses

The term “qualified higher education expenses” means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution, reduced by the sum of—

(A)

the amount excluded from gross income under section 127, 135, 529, or 530 by reason of such expenses, and

(B)

the amount of any scholarship, allowance, or payment described in section 25A(g)(2).

For purposes of the preceding sentence, the term “eligible educational institution” has the same meaning given such term by section 25A(f)(2), except that such term shall also include an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training.

(3) Eligible student

The term “eligible student” has the meaning given such term by section 25A(b)(3).

(4) Dependent

The term “dependent” has the meaning given such term by section 152 (determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof).

(e) Special rules
(1) Denial of double benefit

No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter, or for which an exclusion is allowable under section 127 to the taxpayer by reason of the payment by the taxpayer’s employer of any indebtedness on a qualified education loan of the taxpayer. The deduction otherwise allowable under subsection (a) (prior to the application of subsection (b)) to the taxpayer for any taxable year shall be reduced (but not below zero) by so much of the distributions treated as a qualified higher education expense under section 529(c)(9) with respect to loans of the taxpayer as would be includible in gross income under section 529(c)(3)(A) for such taxable year but for such treatment.

(2) Married couples must file joint return

If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.

(3) Marital status

Marital status shall be determined in accordance with section 7703.

(f) Inflation adjustments
(1) In general

In the case of a taxable year beginning after 2002, the $50,000 and $100,000 amounts in subsection (b)(2) shall each 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 2001” for “calendar year 2016” in subparagraph (A)(ii) thereof.

(2) Rounding

If any amount as adjusted under paragraph (1) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000.

Source credit: (Added Pub. L. 105–34, title II, § 202(a), Aug. 5, 1997, 111 Stat. 806; amended Pub. L. 105–206, title VI, § 6004(b), July 22, 1998, 112 Stat. 792; Pub. L. 105–277, div. J, title IV, § 4003(a)(2)(A), (3), Oct. 21, 1998, 112 Stat. 2681–908; Pub. L. 107–16, title IV, §§ 402(b)(2)(B), 412(a)(1), (b)(1), (2), 431(c)(2), June 7, 2001, 115 Stat. 62–64, 68; Pub. L. 108–311, title II, § 207(20), title IV, § 408(b)(5), Oct. 4, 2004, 118 Stat. 1178, 1192; Pub. L. 108–357, title I, § 102(d)(2), Oct. 22, 2004, 118 Stat. 1428; Pub. L. 109–135, title IV, § 412(t), Dec. 21, 2005, 119 Stat. 2638; Pub. L. 113–295, div. A, title II, § 221(a)(40), Dec. 19, 2014, 128 Stat. 4043; Pub. L. 115–97, title I, §§ 11002(d)(1)(U), 13305(b)(1), Dec. 22, 2017, 131 Stat. 2060, 2126; Pub. L. 116–94, div. O, title III, § 302(b)(2), Dec. 20, 2019, 133 Stat. 3176; Pub. L. 116–136, div. A, title II, § 2206(b), Mar. 27, 2020, 134 Stat. 347; Pub. L. 116–260, div. EE, title I, § 104(b)(2)(G), Dec. 27, 2020, 134 Stat. 3041; Pub. L. 117–2, title IX, § 9042(b)(6), Mar. 11, 2021, 135 Stat. 122.)

history & why it existsrecord from the source credit
  • 1997Enacted · Pub. L. 105-34 · 111 Stat. 806
  • 1998Amended · Pub. L. 105-206 · 112 Stat. 792
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2001Amended · Pub. L. 107-16 · 115 Stat. 62
  • 2004Amended · Pub. L. 108-311 · 118 Stat. 1178, 1192
  • 2004Amended · Pub. L. 108-357 · 118 Stat. 1428
  • 2005Amended · Pub. L. 109-135 · 119 Stat. 2638
  • 2014Amended · Pub. L. 113-295 · 128 Stat. 4043
  • 2017Amended · Pub. L. 115-97 · 131 Stat. 2060, 2126
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 3176
  • 2020Amended · Pub. L. 116-136 · 134 Stat. 347
  • 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. 105-34 on 1997-08-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case