§ 4973. — Tax on excess contributions to certain taxfavored accounts and annuities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 26USC4973]
TITLE 26--INTERNAL REVENUE CODE
Subtitle D--Miscellaneous Excise Taxes
CHAPTER 43--QUALIFIED PENSION, ETC., PLANS
Sec. 4973. Tax on excess contributions to certain tax-favored
accounts and annuities
(a) Tax imposed
In the case of--
(1) an individual retirement account (within the meaning of
section 408(a)),
(2) an Archer MSA (within the meaning of section 220(d)),
(3) an individual retirement annuity (within the meaning of
section 408(b)), a custodial account treated as an annuity contract
under section 403(b)(7)(A) (relating to custodial accounts for
regulated investment company stock), or
(4) a Coverdell education savings account (as defined in section
530),
there is imposed for each taxable year a tax in an amount equal to 6
percent of the amount of the excess contributions to such individual's
accounts or annuities (determined as of the close of the taxable year).
The amount of such tax for any taxable year shall not exceed 6 percent
of the value of the account or annuity (determined as of the close of
the taxable year). In the case of an endowment contract described in
section 408(b), the tax imposed by this section does not apply to any
amount allocable to life, health, accident, or other insurance under
such contract. The tax imposed by this subsection shall be paid by such
individual.
(b) Excess contributions
For purposes of this section, in the case of individual retirement
accounts or individual retirement annuities, the term ``excess
contributions'' means the sum of--
(1) the excess (if any) of--
(A) the amount contributed for the taxable year to the
accounts or for the annuities (other than a contribution to a
Roth IRA or a rollover contribution described in section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16)), over
(B) the amount allowable as a deduction under section 219
for such contributions, and
(2) the amount determined under this subsection for the
preceding taxable year reduced by the sum of--
(A) the distributions out of the account for the taxable
year which were included in the gross income of the payee under
section 408(d)(1),
(B) the distributions out of the account for the taxable
year to which section 408(d)(5) applies, and
(C) the excess (if any) of the maximum amount allowable as a
deduction under section 219 for the taxable year over the amount
contributed (determined without regard to section 219(f)(6)) to
the accounts or for the annuities (including the amount
contributed to a Roth IRA) for the taxable year.
For purposes of this subsection, any contribution which is distributed
from the individual retirement account or the individual retirement
annuity in a distribution to which section 408(d)(4) applies shall be
treated as an amount not contributed. For purposes of paragraphs (1)(B)
and (2)(C), the amount allowable as a deduction under section 219 shall
be computed without regard to section 219(g).
(c) Section 403(b) contracts
For purposes of this section, in the case of a custodial account
referred to in subsection (a)(2), the term ``excess contributions''
means the sum of--
(1) the excess (if any) of the amount contributed for the
taxable year to such account (other than a rollover contribution
described in section 403(b)(8) or 408(d)(3)(A)(iii)), over the
lesser of the amount excludable from gross income under section
403(b) or the amount permitted to be contributed under the
limitations contained in section 415 (or under whichever such
section is applicable, if only one is applicable), and
(2) the amount determined under this subsection for the
preceding taxable year, reduced by--
(A) the excess (if any) of the lesser of (i) the amount
excludable from gross income under section 403(b) or (ii) the
amount permitted to be contributed under the limitations
contained in section 415 over the amount contributed to the
account for the taxable year (or under whichever such section is
applicable, if only one is applicable), and
(B) the sum of the distributions out of the account (for all
prior taxable years) which are included in gross income under
section 72(e).
(d) Excess contributions to Archer MSAs
For purposes of this section, in the case of Archer MSAs (within the
meaning of section 220(d)), the term ``excess contributions'' means the
sum of--
(1) the aggregate amount contributed for the taxable year to the
accounts (other than rollover contributions described in section
220(f)(5)) which is neither excludable from gross income under
section 106(b) nor allowable as a deduction under section 220 for
such year, and
(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
(A) the distributions out of the accounts which were
included in gross income under section 220(f)(2), and
(B) the excess (if any) of--
(i) the maximum amount allowable as a deduction under
section 220(b)(1) (determined without regard to section
106(b)) for the taxable year, over
(ii) the amount contributed to the accounts for the
taxable year.
For purposes of this subsection, any contribution which is distributed
out of the Archer MSA in a distribution to which section 220(f)(3) or
section 138(c)(3) applies shall be treated as an amount not contributed.
(e) Excess contributions to Coverdell education savings accounts
For purposes of this section--
(1) In general
In the case of Coverdell education savings accounts maintained
for the benefit of any one beneficiary, the term ``excess
contributions'' means the sum of--
(A) the amount by which the amount contributed for the
taxable year to such accounts exceeds $2,000 (or, if less, the
sum of the maximum amounts permitted to be contributed under
section 530(c) by the contributors to such accounts for such
year); and
(B) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
(i) the distributions out of the accounts for the
taxable year (other than rollover distributions); and
(ii) the excess (if any) of the maximum amount which may
be contributed to the accounts for the taxable year over the
amount contributed to the accounts for the taxable year.
(2) Special rules
For purposes of paragraph (1), the following contributions shall
not be taken into account:
(A) Any contribution which is distributed out of the
Coverdell education savings account in a distribution to which
section 530(d)(4)(C) applies.
(B) Any rollover contribution.
(f) Excess contributions to Roth IRAs
For purposes of this section, in the case of contributions to a Roth
IRA (within the meaning of section 408A(b)), the term ``excess
contributions'' means the sum of--
(1) the excess (if any) of--
(A) the amount contributed for the taxable year to Roth IRAs
(other than a qualified rollover contribution described in
section 408A(e)), over
(B) the amount allowable as a contribution under sections
408A(c)(2) and (c)(3), and
(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
(A) the distributions out of the accounts for the taxable
year, and
(B) the excess (if any) of the maximum amount allowable as a
contribution under sections 408A(c)(2) and (c)(3) for the
taxable year over the amount contributed by the individual to
all individual retirement plans for the taxable year.
For purposes of this subsection, any contribution which is distributed
from a Roth IRA in a distribution described in section 408(d)(4) shall
be treated as an amount not contributed.
(Added Pub. L. 93-406, title II, Sec. 2002(d), Sept. 2, 1974, 88 Stat.
966; amended Pub. L. 94-455, title XV, Sec. 1501(b)(8), title XIX,
Sec. 1904(a)(22), Oct. 4, 1976, 90 Stat. 1736, 1814; Pub. L. 95-600,
title I, Secs. 156(c)(3), (5), 157(b)(3), (j)(1), title VII,
Sec. 701(aa)(1), Nov. 6, 1978, 92 Stat. 2803, 2804, 2809, 2921; Pub. L.
96-222, title I, Sec. 101(a)(13)(C), (14)(B), Apr. 1, 1980, 94 Stat.
204; Pub. L. 97-34, title III, Secs. 311(h)(7), (9), (10), 313(b)(2),
Aug. 13, 1981, 95 Stat. 282, 286; Pub. L. 98-369, div. A, title IV,
Sec. 491(d)(41)-(44), (55), July 18, 1984, 98 Stat. 851, 852; Pub. L.
99-514, title XI, Sec. 1102(b)(1), title XVIII, Sec. 1848(f), Oct. 22,
1986, 100 Stat. 2415, 2858; Pub. L. 100-647, title I, Sec. 1011(b)(3),
Nov. 10, 1988, 102 Stat. 3456; Pub. L. 102-318, title V,
Sec. 521(b)(41), July 3, 1992, 106 Stat. 313; Pub. L. 104-188, title I,
Sec. 1704(t)(70), (72), Aug. 20, 1996, 110 Stat. 1891; Pub. L. 104-191,
title III, Sec. 301(e), Aug. 21, 1996, 110 Stat. 2051; Pub. L. 105-33,
title IV, Sec. 4006(b)(1), Aug. 5, 1997, 111 Stat. 333; Pub. L. 105-34,
title II, Sec. 213(d), title III, Sec. 302(b), Aug. 5, 1997, 111 Stat.
817, 828; Pub. L. 105-206, title VI, Secs. 6004(d)(10), 6005(b)(8),
6023(18)(A), July 22, 1998, 112 Stat. 795, 799, 825; Pub. L. 106-554,
Sec. 1(a)(7) [title II, Sec. 202(a)(6), (b)(2)(C), (6), (10)], Dec. 21,
2000, 114 Stat. 2763, 2763A-628, 2763A-629; Pub. L. 107-16, title IV,
Secs. 401(a)(2), (g)(2)(D), 402(a)(4)(A), title VI, Sec. 641(e)(11),
June 7, 2001, 115 Stat. 57, 60, 121; Pub. L. 107-22, Sec. 1(b)(1)(C),
(2)(B), (4), July 26, 2001, 115 Stat. 197.)
Amendment of Section
For termination of amendment by section 901 of Pub. L. 107-16,
see Effective and Termination Dates of 2001 Amendment note below.
Amendments
2001--Subsec. (a)(4). Pub. L. 107-22, Sec. 1(b)(1)(C), substituted
``a Coverdell education savings'' for ``an education individual
retirement''.
Subsec. (b)(1)(A). Pub. L. 107-16, Secs. 641(e)(11), 901,
temporarily substituted ``408(d)(3), or 457(e)(16)'' for ``or
408(d)(3)''. See Effective and Termination Dates of 2001 Amendment note
below.
Subsec. (e). Pub. L. 107-22, Sec. 1(b)(4), substituted ``Coverdell
education savings'' for ``education individual retirement'' in heading.
Pub. L. 107-16, Secs. 402(a)(4)(A), 901, which directed the
temporary substitution of ``qualified tuition'' for ``qualified State
tuition'' wherever appearing in subsec. (e), could not be executed
because the term ``qualified State tuition'' did not appear subsequent
to amendment by section 401(g)(2)(D) of Pub. L. 107-16, which struck out
par. (1)(B). See below, and see Effective and Termination Dates of 2001
Amendment note below.
Subsec. (e)(1). Pub. L. 107-22, Sec. 1(b)(2)(B), substituted
``Coverdell education savings'' for ``education individual retirement''
in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 107-16, Secs. 401(a)(2), (g)(2)(D), 901,
temporarily substituted ``$2,000'' for ``$500'' and inserted ``and'' at
end. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (e)(1)(B), (C). Pub. L. 107-16, Secs. 401(g)(2)(D), 901,
temporarily redesignated subpar. (C) as (B) and struck out former
subpar. (B) which read as follows: ``if any amount is contributed (other
than a contribution described in section 530(b)(2)(B)) during such year
to a qualified State tuition program for the benefit of such
beneficiary, any amount contributed to such accounts for such taxable
year; and''. See Effective and Termination Dates of 2001 Amendment note
below.
Subsec. (e)(2)(A). Pub. L. 107-22, Sec. 1(b)(2)(B), substituted
``Coverdell education savings'' for ``education individual retirement''.
2000--Subsec. (a)(2). Pub. L. 106-554, Sec. 1(a)(7) [title II,
Sec. 202(b)(10)], substituted ``an Archer'' for ``a Archer''.
Pub. L. 106-554, Sec. 1(a)(7) [title II, Sec. 202(a)(6)],
substituted ``Archer MSA'' for ``medical savings account''.
Subsec. (d). Pub. L. 106-554, Sec. 1(a)(7) [title II,
Sec. 202(a)(6), (b)(2)(C), (6)], substituted ``Archer MSAs'' for
``medical savings accounts'' in heading, ``Archer MSAs'' for ``medical
savings accounts'' in introductory provisions, and ``Archer MSA'' for
``medical savings account'' in concluding provisions.
1998--Pub. L. 105-206, Sec. 6023(18)(A), amended section catchline
generally. Prior to amendment, catchline read as follows: ``Tax on
excess contributions to individual retirement accounts, medical savings
accounts, certain section 403(b) contracts, and certain individual
retirement annuities''.
Subsec. (b)(1)(A). Pub. L. 105-206, Sec. 6005(b)(8)(B)(i), inserted
``a contribution to a Roth IRA or'' after ``other than''.
Subsec. (b)(2)(C). Pub. L. 105-206, Sec. 6005(b)(8)(B)(ii), inserted
``(including the amount contributed to a Roth IRA)'' after
``annuities''.
Subsec. (e)(1). Pub. L. 105-206, Sec. 6004(d)(10)(A), reenacted
heading without change and amended text of par. (1) generally. Prior to
amendment, text read as follows: ``In the case of education individual
retirement accounts maintained for the benefit of any 1 beneficiary, the
term `excess contributions' means--
``(A) the amount by which the amount contributed for the taxable
year to such accounts exceeds $500, and
``(B) any amount contributed to such accounts for any taxable
year if any amount is contributed during such year to a qualified
State tuition program for the benefit of such beneficiary.''
Subsec. (e)(2)(B), (C). Pub. L. 105-206, Sec. 6004(d)(10)(B),
redesignated subpar. (C) as (B) and struck out former subpar. (B) which
read as follows: ``Any contribution described in section 530(b)(2)(B) to
a qualified State tuition program.''
Subsec. (f). Pub. L. 105-206, Sec. 6005(b)(8)(C), made technical
amendment to directory language of Pub. L. 105-34, Sec. 302(b). See 1997
Amendment note below.
Subsec. (f)(1)(A). Pub. L. 105-206, Sec. 6005(b)(8)(A)(i),
substituted ``Roth IRAs'' for ``such accounts''.
Subsec. (f)(2)(B). Pub. L. 105-206, Sec. 6005(b)(8)(A)(ii),
substituted ``by the individual to all individual retirement plans'' for
``to the accounts''.
1997--Subsec. (a)(4). Pub. L. 105-34, Sec. 213(d)(1), added par.
(4).
Subsec. (d). Pub. L. 105-33 inserted ``or section 138(c)(3)'' after
``section 220(f)(3)'' in concluding provisions.
Subsec. (e). Pub. L. 105-34, Sec. 213(d)(2), added subsec. (e).
Subsec. (f). Pub. L. 105-34, Sec. 302(b), as amended by Pub. L. 105-
206, Sec. 6005(b)(8)(C), added subsec. (f).
1996--Pub. L. 104-191, Sec. 301(e)(1), inserted ``medical savings
accounts,'' after ``accounts,'' in section catchline.
Subsec. (a). Pub. L. 104-191, Sec. 301(e)(1)-(3), struck out ``or''
at end of par. (1), added par. (2), and redesignated former par. (2) as
(3).
Subsec. (b)(1)(A). Pub. L. 104-188, Sec. 1704(t)(72), provided that
section 521(b)(41) of Pub. L. 102-318 shall be applied as if ``section''
appeared instead of ``sections'' in the material proposed to be
stricken. See 1992 Amendment note below.
Pub. L. 104-188, Sec. 1704(t)(70), substituted ``section'' for
``sections''.
Subsec. (d). Pub. L. 104-191, Sec. 301(e)(4), added subsec. (d).
1992--Subsec. (b)(1)(A). Pub. L. 102-318, which directed the
substitution of ``sections 402(c)'' for ``sections 402(a)(5),
402(a)(7)'', was executed by substituting ``sections 402(c)'' for
``section 402(a)(5), 402(a)(7)''. See 1996 Amendment note above.
1988--Subsec. (b). Pub. L. 100-647 substituted ``shall be computed
without regard to section 219(g)'' for ``(after application of section
408(o)(2)(B)(ii)) shall be increased by the nondeductible limit under
section 408(o)(2)(B)'' in last sentence.
1986--Subsec. (b). Pub. L. 99-514, Sec. 1102(b)(1), inserted at end
``For purposes of paragraphs (1)(B) and (2)(C), the amount allowable as
a deduction under section 219 (after application of section
408(o)(2)(B)(ii)) shall be increased by the nondeductible limit under
section 408(o)(2)(B).''
Pub. L. 99-514, Sec. 1848(f), in introductory provisions,
substituted ``or individual retirement annuities'' for ``, individual
retirement annuities, or bonds'', in par. (1)(A), substituted ``(other
than a rollover contribution described in section 402(a)(5), 402(a)(7),
403(a)(4), 403(b)(8), or 408(d)(3)), over'' for ``or bonds (other than a
rollover contribution described in section 402(a)(5), 402(a)(7),
403(a)(4), 403(b)(8), 405(d)(3), or 408(d)(3)), over'', and in par.
(2)(A), struck out ``or bonds'' after ``for the annuities''.
1984--Pub. L. 98-369, Sec. 491(d)(55), substituted ``and certain
individual retirement annuities'' for ``certain individual retirement
annuities, and certain retirement bonds'' in section catchline.
Subsec. (a). Pub. L. 98-369, Sec. 491(d)(41), inserted ``or'' at end
of par. (1), struck out ``or'' at end of par. (2), struck out par. (3)
which imposed a tax in the case of a retirement bond, within the meaning
of section 409, established for the benefit of any individual, and in
the concluding provision substituted ``or annuity'' for ``, annuity, or
bond'' and ``or annuities'' for ``, annuities, or bonds''.
Subsec. (b). Pub. L. 98-369, Sec. 491(d)(43), substituted in
provision following par. (2)(C) ``or the individual retirement annuity''
for ``, individual retirement annuity, or bond''.
Subsec. (b)(1)(A). Pub. L. 98-369, Sec. 491(d)(42), which directed
the amendment of subpar. (A) by substituting ``and 408(d)(3)'' for
``408(d)(3), and 409(b)(3)(C)'' was executed, as the probable intent of
Congress, by substituting ``or 408(d)(3))'' for ``408(d)(3)), or
409(b)(3)(C)''.
Subsec. (c)(1). Pub. L. 98-369, Sec. 491(d)(44), substituted ``or
408(d)(3)(A)(iii)'' for ``, 408(d)(3)(A)(iii), or 409(b)(3)(C)''.
1981--Subsec. (a). Pub. L. 97-34, Sec. 311(h)(9), substituted ``The
tax imposed by this subsection shall be paid by such individual'' for
``The tax imposed by this subsection shall be paid by the individual to
whom a deduction is allowed for the taxable year under section 219
(determined without regard to subsection (b)(1) thereof) or section 220
(determined without regard to subsection (b)(1) thereof), whichever is
appropriate''.
Subsec. (b)(1)(A). Pub. L. 97-34, Sec. 313(b)(2), inserted
``405(d)(3),'' after ``403(b)(8),''.
Subsec. (b)(1)(B). Pub. L. 97-34, Sec. 311(h)(7), substituted
``section 219'' for ``section 219 or 220''.
Subsec. (b)(2)(C). Pub. L. 97-34, Sec. 311(h)(7), (10), substituted
``section 219'' for ``section 219 or 220'', and ``section 219(f)(6)''
for ``sections 219(c)(5) and 220(c)(6)''.
1980--Subsec. (b)(1)(A). Pub. L. 96-222, Sec. 101(a)(14)(B),
inserted reference to section 402(a)(7).
Subsec. (c)(1). Pub. L. 96-222, Sec. 101(a)(13)(C), substituted
``409(b)(3)(C)'' for ``409(d)(3)(C)''.
1978--Subsec. (b)(1)(A). Pub. L. 95-600, Sec. 156(c)(3), inserted
reference to section 403(b)(8).
Subsec. (b)(2). Pub. L. 95-600, Sec. 157(b)(3), substituted
``reduced by the sum of--'' for ``reduced by the excess (if any) of'',
struck out ``the maximum amount allowable as a deduction under section
219 or 220 for the taxable year over the amount contributed to the
accounts or for the annuities or bonds for the taxable years and reduced
by the sum of the distributions out of the account (for the taxable year
and all prior taxable years) which were included in the gross income of
the payee under section 408(d)(1)'' in provision preceding par. (A), and
added subpars. (A), (B), and (C).
Subsec. (b). Pub. L. 95-600, Secs. 157(j)(1), 701(aa)(1), struck out
in last sentence ``if such distribution consists of an excess
contribution solely because of employer contributions to a plan or
contract described in section 219(b)(2) or by reason of the application
of section 219(b)(1) (without regard to the $1,500 limitation) or
section 220(b)(1) (without regard to the $1,750 limitation) and only if
such distribution does not exceed the excess of $1,500 or $1,750 if
applicable, over the amount described in paragraph (1)(B)'' after ``as
an amount not contributed''.
Subsec. (c)(1). Pub. L. 95-600, Sec. 156(c)(5), inserted ``(other
than a rollover contribution described in section 403(b)(8),
408(d)(3)(A)(iii), or 409(d)(3)(C))'' after ``account''.
1976--Subsec. (a)(3). Pub. L. 94-455, Secs. 1501(b)(8)(A),
1904(a)(22)(A), substituted ``the individual to whom a deduction is
allowed for the taxable year under section 219 (determined without
regard to subsection (b)(1) thereof) or section 220 (determined without
regard to subsection (b)(1) thereof), whichever is appropriate'' for
``such individual'', effective for taxable years beginning after
December 31, 1976 and substituted ``such individual'' for ``the
individual to whom a deduction is allowed for the taxable year under
section 219 (determined without regard to subsection (b)(1) thereof) or
section 220 (determined without regard to subsection (b)(1) thereof),
whichever is appropriate'', effective for the first day of the first
month which begins more than 90 days after Oct. 4, 1976.
Subsec. (b)(1)(B). Pub. L. 94-455, Sec. 1501(b)(8)(B), inserted ``or
220'' after ``under section 219''.
Subsec. (b)(2). Pub. L. 94-455, Sec. 1501(b)(8)(C), inserted ``or
220'' after ``under section 219'' and ``the taxable year and'' before
``all prior taxable years'' and struck out provisions relating to the
treatment of contributions out of individual retirement accounts,
annuities or bonds to which section 408(d)(4) applied.
Subsec. (c). Pub. L. 94-455, Sec. 1904(a)(22)(B), substituted
``subsection (a)(2)'' for ``subsection (a)(3)'' in provisions preceding
par. (1).
Effective and Termination Dates of 2001 Amendments
Amendment by Pub. L. 107-22 effective July 26, 2001, see section
1(c) of Pub. L. 107-22, set out as a note under section 26 of this
title.
Amendment by section 401(a)(2), (g)(2)(D) of Pub. L. 107-16
applicable to taxable years beginning after Dec. 31, 2001, 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) of Pub. L. 107-16 applicable to
taxable years beginning after Dec. 31, 2001, see section 402(h) of Pub.
L. 107-16, set out as a note under section 72 of this title.
Amendment by section 641(e)(11) of Pub. L. 107-16 applicable to
distributions after Dec. 31, 2001, see section 641(f)(1) of Pub. L. 107-
16, set out as a note under section 402 of this title.
Amendment by Pub. L. 107-16 inapplicable to taxable, plan, or
limitation years beginning after Dec. 31, 2010, and the Internal Revenue
Code of 1986 to be applied and administered to such years as if such
amendment had never been enacted, see section 901 of Pub. L. 107-16, set
out as a note under section 1 of this title.
Effective Date of 1998 Amendment
Amendment by section 6023(18)(A) of Pub. L. 105-206 effective July
22, 1998, see section 6023(32) of Pub. L. 105-206, set out as a note
under section 34 of this title.
Amendment by sections 6004(d)(10) and 6005(b)(8) of 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 Amendments
Amendment by section 213(d) of Pub. L. 105-34 applicable to taxable
years beginning after Dec. 31, 1997, see section 213(f) of Pub. L. 105-
34, set out as a note under section 26 of this title.
Amendment by section 302(b) of Pub. L. 105-34 applicable to taxable
years beginning after Dec. 31, 1997, see section 302(f) of Pub. L. 105-
34, set out as a note under section 219 of this title.
Amendment by Pub. L. 105-33 applicable to taxable years beginning
after Dec. 31, 1998, see section 4006(c) of Pub. L. 105-33, set out as
an Effective Date note under section 138 of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-191 applicable to taxable years beginning
after Dec. 31, 1996, see section 301(j) of Pub. L. 104-191, set out as a
note under section 62 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-318 applicable to distributions after Dec.
31, 1992, see section 521(e) of Pub. L. 102-318, set out as a note under
section 402 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-647 effective, except as otherwise
provided, as if included in the provision of the Tax Reform Act of 1986,
Pub. L. 99-514, to which such amendment relates, see section 1019(a) of
Pub. L. 100-647, set out as a note under section 1 of this title.
Effective Date of 1986 Amendment
Amendment by section 1102(b)(1) of Pub. L. 99-514 applicable to
contributions and distributions for taxable years beginning after Dec.
31, 1986, see section 1102(g) of Pub. L. 99-514, set out as a note under
section 219 of this title.
Amendment by section 1848(f) of Pub. L. 99-514 effective, except as
otherwise provided, as if included in the provisions of the Tax Reform
Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates,
see section 1881 of Pub. L. 99-514, set out as a note under section 48
of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-369 applicable to obligations issued after
Dec. 31, 1983, see section 491(f)(1) of Pub. L. 98-369, set out as a
note under section 62 of this title.
Effective Date of 1981 Amendment
Amendment by section 311(h)(7), (9), (10) of Pub. L. 97-34
applicable to taxable years beginning after Dec. 31, 1981, see section
311(i)(1) of Pub. L. 97-34, set out as a note under section 219 of this
title.
Amendment by section 313(b)(2) of Pub. L. 97-34 applicable to
redemptions after Aug. 13, 1981, in taxable years ending after such
date, see section 313(c) of Pub. L. 97-34, set out as a note under
section 219 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-222 effective, except as otherwise provided,
as if it had been included in the provision of the Revenue Act of 1978,
Pub. L. 95-600, to which such amendment relates, see section 201 of Pub.
L. 96-222, set out as a note under section 22 of this title.
Effective Date of 1978 Amendment
Amendment by section 156(c)(3), (5) of Pub. L. 95-600 applicable to
distributions or transfers made after Dec. 31, 1977, in taxable years
beginning after such date, see section 156(d) of Pub. L. 95-600, set out
as a note under section 403 of this title.
Amendment by section 157(b)(3) of Pub. L. 95-600 applicable to
determination of deductions for taxable years beginning after Dec. 31,
1975, see section 157(b)(4)(A) of Pub. L. 95-600, set out as a note
under section 219 of this title.
Section 157(j)(2) of Pub. L. 95-600 provided that: ``The amendment
made by paragraph (1) [amending this section] shall apply to
contributions made for taxable years beginning after December 31,
1977.''
Section 701(aa)(2) of Pub. L. 95-600 provided that: ``The amendment
made by paragraph (1) [amending this section] shall apply as if included
in section 1501 of the Tax Reform Act of 1976 [section 1501 of Pub. L.
94-455] at the time of the enactment of such Act [Oct. 4, 1976].''
Section 703(j)(13) of Pub. L. 95-600 provided that:
``Notwithstanding section 1904(d) of the Tax Reform Act of 1976 [Pub. L.
94-455, set out as an Effective Date of 1976 Amendment note under
section 4041 of this title], the amendment made by section
1904(a)(22)(A) of such Act [amending this section] shall take effect on
the date of the enactment of such Act [Oct. 4, 1976].''
Effective Date of 1976 Amendment
Amendment by section 1501(b)(8) of Pub. L. 94-455 applicable to
taxable years beginning after Dec. 31, 1976, see section 1501(d) of Pub.
L. 94-455, set out as a note under section 62 of this title.
Amendment by section 1904(a)(22) of Pub. L. 94-455 effective on
first day of first month which begins more than 90 days after Oct. 4,
1976, see section 1904(d) of Pub. L. 94-455, set out as a note under
section 4041 of this title.
Effective Date
Section 2002(i)(2) of Pub. L. 93-406 provided that: ``The amendments
made by subsections (d) through (h) except subsection (g)(5) and (6)
[enacting this section and sections 4974 and 6693 of this title and
amending sections 37, 46, 50, 56, 72, 801, 805, 901, 3401, and 6047 of
this title] shall take effect on January 1, 1975.''
Plan Amendments Not Required Until January 1, 1994
For provisions directing that if any amendments made by subtitle B
[Secs. 521-523] of title V of Pub. L. 102-318 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 Jan. 1, 1994, see section 523
of Pub. L. 102-318, set out as a note under section 401 of this title.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII
[Secs. 1800-1899A] of Pub. L. 99-514 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 Jan. 1, 1989, see section 1140 of Pub.
L. 99-514, as amended, set out as a note under section 401 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 219, 408, 6058 of this
title.
