Amended 2001, 2002, 2005, 2006, 2008, 2009, 2010, 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240 struck out subsec. (g). Text read as follows: “In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of—
“(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
“(2) the sum of the credits allowable under this subpart (other than this section and sections 23, 25A(i), 25D, 30, 30B, and 30D) and section 27 for the taxable year.”
- 2010 Pub. L. 111-148 Pub. L. 111–148, § 10909(b)(2)(D), (c), as amended by Pub. L. 111–312, temporarily struck out “23,” before “25A(i),”. See Effective and Termination Dates of 2010 Amendment note below.
- 2009 Pub. L. 111-5 Pub. L. 111–5, § 1144(b)(1)(C), inserted “30B,” after “30,”.
- 2009 Pub. L. 111-5 Pub. L. 111–5, § 1142(b)(1)(C), inserted “30,” after “25D,”.
- 2009 Pub. L. 111-5 Pub. L. 111–5, § 1004(b)(4), inserted “25A(i),” after “23,”.
- 2008 Pub. L. 110-343 Pub. L. 110–343, § 205(d)(1)(C), substituted “, 25D, and 30D” for “and 25D”.
- 2008 Pub. L. 110-343 Pub. L. 110–343, § 106(e)(2)(C), substituted “sections 23 and 25D” for “section 23”.
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 812, struck out heading and text of subsec. (h). Text read as follows: “This section shall not apply to taxable years beginning after December 31, 2006.”
- 2005 Pub. L. 109-135 Pub. L. 109–135 substituted “In the case of a taxable year to which section 26(a)(2) does not apply, the credit” for “The credit” in introductory provisions.
- 2002 Pub. L. 107-147 Pub. L. 107–147, § 417(1), redesignated subsec. (g), relating to termination, as (h).
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 618(b)(1), added subsec. (g) relating to limitation based on amount of tax.
(a) Allowance of credit In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed $2,000.
Amended 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70116(b)(1), substituted “$2,100” for “$2,000”.
(b) Applicable percentage For purposes of this section—
Amended 2006
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 833(a), reenacted heading without change and amended text of subsec. (b) generally, substituting provisions consisting of introductory provisions and pars. (1) to (3) for former provisions consisting of introductory provisions and a table of applicable percentages for amounts of adjusted gross income for a joint return, a head of household, and all other cases.
(1) Joint returns In the case of a joint return, the applicable percentage is—
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(A) if the adjusted gross income of the taxpayer is not over $30,000, 50 percent,
(B) if the adjusted gross income of the taxpayer is over $30,000 but not over $32,500, 20 percent,
(C) if the adjusted gross income of the taxpayer is over $32,500 but not over $50,000, 10 percent, and
(D) if the adjusted gross income of the taxpayer is over $50,000, zero percent.
(2) Other returns In the case of—
(A) a head of household, the applicable percentage shall be determined under paragraph (1) except that such paragraph shall be applied by substituting for each dollar amount therein (as adjusted under paragraph (3)) a dollar amount equal to 75 percent of such dollar amount, and
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(B) any taxpayer not described in paragraph (1) or subparagraph (A), the applicable percentage shall be determined under paragraph (1) except that such paragraph shall be applied by substituting for each dollar amount therein (as adjusted under paragraph (3)) a dollar amount equal to 50 percent of such dollar amount.
(3) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2006, each of the dollar amounts in paragraph (1) shall be increased by an amount equal to—
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(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.
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 11002(d)(1)(C), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.
Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500.
(c) Eligible individual For purposes of this section—
(1) In general The term “eligible individual” means any individual if such individual has attained the age of 18 as of the close of the taxable year.
(2) Dependents and full-time students not eligible The term “eligible individual” shall not include—
(A) any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins, and
(B) any individual who is a student (as defined in section 152(f)(2)).
Amended 2004
- 2004 Pub. L. 108-311 Pub. L. 108–311 substituted “152(f)(2)” for “151(c)(4)”.
(d) Qualified retirement savings contributions For purposes of this section—
(1) In general The term “qualified retirement savings contributions” means, with respect to any taxable year, the sum of—
Amended 2017, 2022, 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70116(a)(2), repealed Pub. L. 117–328, § 103(e)(1), and provided that this title shall be applied and administered as though par. (1) of section 103(e) was never enacted. See 2022 Amendment note below.
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70116(a)(1), amended par. (1) generally. Prior to amendment, par. (1) defined qualified retirement savings contributions.
- 2022 Pub. L. 117-328 Pub. L. 117–328, § 103(e)(1), which directed the substitution of “the amount of contributions made before January 1, 2026” for “the sum of—
“(A) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible individual,
“(B) the amount of—
“(i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and
“(ii) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A),
“(C) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)), and
“(D) the amount of contributions made before January 1, 2026”,
was repealed by Pub. L. 119–21, § 70116(a)(2).
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 11024(b), added subpar. (D).
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(A) the amount of contributions made by the eligible individual during such taxable year to the ABLE account (within the meaning of section 529A) of which such individual is the designated beneficiary, and
(B) in the case of any taxable year beginning before January 1, 2027—
(i) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible individual,
(ii) the amount of—
(I) any elective deferrals (as defined in section 402(g)(3)) of such individual, and
(II) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), and
(iii) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)).
(2) Reduction for certain distributions
(A) In general The qualified retirement savings contributions determined under paragraph (1) shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) may be made. The preceding sentence shall not apply to the portion of any distribution which is not includible in gross income by reason of a trustee-to-trustee transfer or a rollover distribution.
Amended 2002
- 2002 Pub. L. 107-147 Pub. L. 107–147, § 411(m), reenacted heading without change and amended text of subpar. (A) generally. Prior to amendment, text read as follows: “The qualified retirement savings contributions determined under paragraph (1) shall be reduced (but not below zero) by the sum of—
“(i) any distribution from a qualified retirement plan (as defined in section 4974(c)), or from an eligible deferred compensation plan (as defined in section 457(b)), received by the individual during the testing period which is includible in gross income, and
“(ii) any distribution from a Roth IRA or a Roth account received by the individual during the testing period which is not a qualified rollover contribution (as defined in section 408A(e)) to a Roth IRA or a rollover under section 402(c)(8)(B) to a Roth account.”
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(B) Testing period For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes—
(i) such taxable year,
(ii) the 2 preceding taxable years, and
(iii) the period after such taxable year and before the due date (including extensions) for filing the return of tax for such taxable year.
(C) Excepted distributions There shall not be taken into account under subparagraph (A)—
(i) any distribution referred to in section 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), and
(ii) any distribution to which section 408A(d)(3) applies.
(D) Treatment of distributions received by spouse of individual For purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution.
(e) Adjusted gross income For purposes of this section, adjusted gross income shall be determined without regard to sections 911, 931, and 933.
(f) Investment in the contract Notwithstanding any other provision of law, a qualified retirement savings contribution shall not fail to be included in determining the investment in the contract for purposes of section 72 by reason of the credit under this section.