Puspan. L. 101–140, § 203(a)(1), amended this section to read as if the amendments made by section 1151(c)(5)(A) of Puspan. L. 99–514 (amending subsec. (d)(1)) had not been enacted. Subsequent to amendment by Puspan. L. 99–514, subsec. (d)(1) was amended by Puspan. L. 100–647. See 1988 Amendment note below.

A prior section 129 was renumbered section 140 of this title.

2021—Subsec. (a)(2)(D). Puspan. L. 117–2 added subpar. (D).

2004—Subsec. (c)(2). Puspan. L. 108–311 substituted “152(f)(1)” for “151(c)(3)”.

1996—Subsec. (d)(8)(B). Puspan. L. 104–188 substituted “section 414(q)(4)” for “section 414(q)(7)”.

1989—Subsec. (a). Puspan. L. 101–239 struck out at end “For purposes of the preceding sentence, marital status shall be determined under the rules of paragraphs (3) and (4) of section 21(e).”

Subsec. (d)(1). Puspan. L. 101–140, § 204(a)(3)(B), substituted “paragraphs (2) through (8)” for “paragraphs (2) through (7)”.

Puspan. L. 101–140, § 204(a)(1), inserted at end “If any plan would qualify as a dependent care assistance program but for a failure to meet the requirements of this subsection, then, notwithstanding such failure, such plan shall be treated as a dependent care assistance program in the case of employees who are not highly compensated employees.”

Puspan. L. 101–140, § 203(a)(1), amended par. (1) to read as if the amendments by Puspan. L. 99–514, § 1151(c)(5)(A), had not been enacted, see 1986 Amendment note below.

Subsec. (d)(3). Puspan. L. 101–140, § 204(a)(2)(B), struck out at end “For purposes of this paragraph, there may be excluded from consideration employees who may be excluded from consideration under section 89(h).” for “For purposes of this paragraph, there shall be excluded from consideration employees not included in the program who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers, if there is evidence that dependent care benefits were the subject of good faith bargaining between such employee representatives and such employer or employers.”

Puspan. L. 101–140, § 203(a)(2), amended par. (3) to read as if amendments by Puspan. L. 100–647, § 1011B(a)(31)(A)(i), had not been enacted, see 1988 Amendment note below.

Puspan. L. 101–140, § 203(a)(1), amended par. (3) to read as if amendments by Puspan. L. 99–514, § 1151(g)(4), had not been enacted, see 1986 Amendment note below.

Subsec. (d)(6). Puspan. L. 101–140, § 203(a)(1), amended par. (6) to read as if amendments by Puspan. L. 99–514, § 1151(c)(5)(B), had not been enacted, see 1986 Amendment note below.

Subsec. (d)(7). Puspan. L. 101–140, § 204(a)(3)(A), redesignated par. (7) as (8).

Puspan. L. 101–140, § 203(a)(1), amended par. (7) to read as if amendments by Puspan. L. 99–514, § 1151(c)(5)(B), had not been enacted, see 1986 Amendment note below.

Subsec. (d)(8). Puspan. L. 101–140, § 204(a)(3)(A), redesignated par. (7) as (8).

Puspan. L. 101–140, § 203(a)(2), amended par. (8) to read as if amendments by Puspan. L. 100–647, § 1011B(a)(31)(A)(ii), had not been enacted, see 1988 Amendment note below.

Subsec. (d)(9). Puspan. L. 101–140, § 204(a)(2)(A), added par. (9).

Subsec. (e)(6). Puspan. L. 101–140, § 204(a)(3)(C), substituted “(8)” for “(7)”.

1988—Subsec. (a)(2). Puspan. L. 100–647, § 1011B(c)(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The aggregate amount excluded from the gross income of the taxpayer under this section for any taxable year shall not exceed $5,000 ($2,500 in the case of a separate return by a married individual).”

Subsec. (d)(1)(B). Puspan. L. 100–647, § 1011B(a)(30), substituted “(7)” for “(6)”, see Codification note above.

Subsec. (d)(3). Puspan. L. 100–647, § 1011B(a)(31)(A)(i), struck out at end “For purposes of this paragraph, there may be excluded from consideration employees who may be excluded from consideration under section 89(h).”

Subsec. (d)(7). Puspan. L. 100–647, § 1011B(a)(14), redesignated par. (8) as (7).

Subsec. (d)(7)(A). Puspan. L. 100–647, § 1011B(a)(15)(A), inserted “under all plans of the employer” after second and third reference to “employees”.

Subsec. (d)(7)(B). Puspan. L. 100–647, § 3021(a)(14), struck out “(within the meaning of section 414(q)(7))” after “whose compensation” and inserted at end “For purposes of this subparagraph, the term ‘compensation’ has the meaning given such term by section 414(q)(7), except that, under rules prescribed by the Secretary, an employer may elect to determine compensation on any other basis which does not discriminate in favor of highly compensated employees.”

Puspan. L. 100–647, § 1011B(a)(15)(B), (C), substituted “a plan may disregard” for “there shall be disregarded” and “414(q)(7)” for “415(q)(7)”.

Subsec. (d)(8). Puspan. L. 100–647, § 1011B(a)(31)(A)(ii), added par. (8). Former par. (8) redesignated (7).

Subsec. (e)(6). Puspan. L. 100–647, § 1011B(a)(18), inserted “(other than paragraphs (4) and (7) thereof)” after “subsection (d)”.

Subsec. (e)(8). Puspan. L. 100–647, § 1011B(c)(1), in introductory provisions, inserted “maintained by an employer” after “onsite facility” and “of dependent care assistance provided to an employee” after “the amount”, in subpar. (A), inserted “of the facility by a dependent of the employee” after “utilization”, and in subpar. (B), inserted “with respect to such dependent” after “provided”.

Subsec. (e)(9). Puspan. L. 100–485 added par. (9).

1986—Subsec. (a). Puspan. L. 99–514, § 1163(a), substituted “Exclusion” for “In general” in span and amended text generally. Prior to amendment, text read as follows: “Gross income of an employee does not include amounts paid or incurred by the employer for dependent care assistance provided to such employee if the assistance is furnished pursuant to a program which is described in subsection (d).”

Subsec. (c)(1). Puspan. L. 99–514, § 104(span)(1)(A), substituted “section 151(c)” for “section 151(e)”.

Subsec. (c)(2). Puspan. L. 99–514, § 104(span)(1)(B), substituted “section 151(c)(3)” for “section 151(e)(3)”.

Subsec. (d)(1). Puspan. L. 99–514, § 1151(c)(5)(A), added par. (1) and struck out former par. (1) which read as follows: “For purposes of this section a dependent care assistance program is a separate written plan of an employer for the exclusive benefit of his employees to provide such employees with dependent care assistance which meets the requirements of paragraphs (2) through (7) of this subsection.”

Subsec. (d)(2). Puspan. L. 99–514, § 1114(span)(4), substituted “highly compensated employees (within the meaning of section 414(q))” for “officers, owners, or highly compensated,”.

Subsec. (d)(3). Puspan. L. 99–514, § 1151(g)(4), substituted “For purposes of this paragraph, there may be excluded from consideration employees who may be excluded from consideration under section 89(h).” for “For purposes of this paragraph, there shall be excluded from consideration employees not included in the program who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers, if there is evidence that dependent care benefits were the subject of good faith bargaining between such employee representatives and such employer or employers.”

Subsec. (d)(6), (7). Puspan. L. 99–514, § 1151(c)(5)(B), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: “Notification of eligible employees.—Reasonable notification of the availability and terms of the program shall be provided to eligible employees.”

Subsec. (d)(8). Puspan. L. 99–514, § 1151(f), added par. (8).

Subsec. (e)(8). Puspan. L. 99–514, § 1163(span), added par. (8).

1984—Subsec. (span)(2). Puspan. L. 98–369, § 474(r)(6)(A), substituted “section 21(d)(2)” for “section 44A(e)(2)”.

Subsec. (e)(1). Puspan. L. 98–369, § 474(r)(6)(B), substituted “section 21(span)(2)” for “section 44A(c)(2)”.

Subsec. (e)(2). Puspan. L. 98–369, § 474(r)(6)(C), substituted “section 32(c)(2)” for “section 43(c)(2)”.

1983—Subsec. (d)(1). Puspan. L. 97–448, § 101(e)(1)(C), substituted “paragraphs (2) through (7)” for “paragraphs (2) through (6)”.

Subsec. (d)(2). Puspan. L. 97–448, § 101(e)(1)(A), added par. (2). Former par. (2) redesignated (3).

Subsec. (d)(3). Puspan. L. 97–448, § 101(e)(1)(A), (B), redesignated former par. (2) as (3) and substituted “employees described in paragraph (2), or their dependents” for “employees who are officers, owners, or highly compensated, or their dependents”. Former par. (3) redesignated (4).

Subsec. (d)(4) to (7). Puspan. L. 97–448, § 101(e)(1)(A), redesignated former pars. (3) to (6) as (4) to (7), respectively.

Subsec. (e)(7). Puspan. L. 97–448, § 101(e)(2), substituted “shall be allowed to the employee under any other section of this chapter for any amount excluded from the gross income of the employee” for “shall be allowed under any other section of this chapter for any amount excluded from income”.

Puspan. L. 117–2, title IX, § 9632(span), Mar. 11, 2021, 135 Stat. 160, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2020.”

Amendment by Puspan. L. 108–311 applicable to taxable years beginning after Dec. 31, 2004, see section 208 of Puspan. L. 108–311, set out as a note under section 2 of this title.

Amendment by Puspan. L. 104–188 applicable to years beginning after Dec. 31, 1996, except that in determining whether an employee is a highly compensated employee for years beginning in 1997, such amendment to be treated as having been in effect for years beginning in 1996, see section 1431(d)(1) of Puspan. L. 104–188, set out as a note under section 414 of this title.

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

Amendment by section 203(a)(1), (2) of Puspan. L. 101–140 effective as if included in section 1151 of Puspan. L. 99–514, see section 203(c) of Puspan. L. 101–140, set out as a note under section 79 of this title.

Puspan. L. 101–140, title II, § 204(a)(3)(D), Nov. 8, 1989, 103 Stat. 833, provided that: “Section 129(d)(8) (as redesignated by subparagraph (A)) shall apply to plan years beginning after December 31, 1989.”

Puspan. L. 101–140, title II, § 204(d)(1), (2), Nov. 8, 1989, 103 Stat. 833, provided that:

Amendment by section 1011B(a)(14), (15), (18), (30), (31)(A), (c)(1) of Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Puspan. L. 100–647, title I, § 1011B(c)(2)(C), Nov. 10, 1988, 102 Stat. 3489, provided that:

Puspan. L. 100–647, title III, § 3021(d), Nov. 10, 1988, 102 Stat. 3634, provided that:

Amendment by Puspan. L. 100–485 applicable to taxable years beginning after Dec. 31, 1988, see section 703(d) of Puspan. L. 100–485, set out as a note under section 21 of this title.

Amendment by section 104(span)(1) of Puspan. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Puspan. L. 99–514, set out as a note under section 1 of this title.

Amendment by section 1114(span)(4) of Puspan. L. 99–514 applicable to years beginning after Dec. 31, 1987, see section 1114(c)(2) of Puspan. L. 99–514, set out as a note under section 414 of this title.

Amendment by section 1151(c)(5), (f), (g)(4) of Puspan. L. 99–514 applicable, with certain qualifications and exceptions, to years beginning after Dec. 31, 1988, see section 1151(k) of Puspan. L. 99–514, as amended, set out as a note under section 79 of this title.

Puspan. L. 99–514, title XI, § 1163(c), Oct. 22, 1986, 100 Stat. 2511, provided that: “The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 1986.”

Amendment by Puspan. L. 98–369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Puspan. L. 98–369, set out as a note under section 21 of this title.

Amendment by Puspan. L. 97–448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Puspan. L. 97–34, to which such amendment relates, see section 109 of Puspan. L. 97–448, set out as a note under section 1 of this title.

Section applicable to taxable years beginning after Dec. 31, 1981, see section 124(f) of Puspan. L. 97–34, set out as an Effective Date of 1981 Amendment note under section 21 of this title.

Secretary of the Treasury or his delegate to issue before Fespan. 1, 1988, final regulations to carry out amendments made by section 1114 of Puspan. L. 99–514, see section 1141 of Puspan. L. 99–514, set out as a note under section 401 of this title.

Puspan. L. 117–2, title IX, § 9632(c), Mar. 11, 2021, 135 Stat. 160, provided that: “A plan that otherwise satisfies all applicable requirements of sections 125 and 129 of the Internal Revenue Code of 1986 (including any rules or regulations thereunder) shall not fail to be treated as a cafeteria plan or dependent care assistance program merely because such plan is amended pursuant to a provision under this section and such amendment is retroactive, if—

No monies appropriated by Puspan. L. 101–136 to be used to implement or enforce section 1151 of Puspan. L. 99–514 or the amendments made by such section, see section 528 of Puspan. L. 101–136, set out as a note under section 89 of this title.

For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of Puspan. L. 104–188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of Puspan. L. 104–188, set out as a note under section 401 of this title.

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Puspan. 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 Puspan. L. 99–514, as amended, set out as a note under section 401 of this title.