For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.
Section 208 of the Congressional Accountability Act of 1995, referred to in subsec. (e)(2), was formerly section 207 of the Act prior to renumbering by Puspan. L. 116–92, and is classified to section 1317 of Title 2, The Congress. A new section 207 of the Act was enacted by Puspan. L. 116–92 and is classified to section 1316span of Title 2. Puspan. L. 116–92 amended list of Act sections in subsec. (e)(2) of this section without corresponding amendment of Code citations, see 2019 Amendment note below.
The National Labor Relations Act, referred to in subsec. (e)(3), is act July 5, 1935, ch. 372, 49 Stat. 449, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.
The Fair Labor Standards Act of 1938, referred to in subsec. (e)(4), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
The Education Amendments of 1972, referred to in subsec. (e)(8), is Puspan. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables.
The Employee Polygraph Protection Act of 1988, referred to in subsec. (e)(9), is Puspan. L. 100–347, June 27, 1988, 102 Stat. 646, which is classified generally to chapter 22 (§ 2001 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables.
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(10), is Puspan. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables.
2020—Subsec. (a)(18). Puspan. L. 116–260, § 104(span)(2)(A), struck out par. (18). Text read as follows: “The deduction allowed by section 222.”
Subsec. (a)(22). Puspan. L. 116–260, § 212(c)(1), struck out par. (22). Text read as follows: “In the case of taxable years beginning in 2020, the amount (not to exceed $300) of qualified charitable contributions made by an eligible individual during the taxable year.”
Puspan. L. 116–136, § 2204(a), added par. (22).
Subsec. (f). Puspan. L. 116–260, § 212(c)(2), struck out subsec. (f) which defined terms relating to qualified charitable contributions.
Puspan. L. 116–136, § 2204(span), added subsec. (f).
2019—Subsec. (e)(2). Puspan. L. 116–92 substituted “207, or 208” for “or 207”.
2018—Subsec. (a). Puspan. L. 115–141, § 101(a)(2)(B), substituted “Any deduction” for “The deduction” in concluding provisions.
Subsec. (a)(20). Puspan. L. 115–141, § 401(a)(31), inserted comma after “United States Code”.
Subsec. (a)(21). Puspan. L. 115–123 amended par. (21) generally. Prior to amendment, text read as follows: “Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award under section 7623(span) (relating to awards to whistleblowers). The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer’s gross income for the taxable year on account of such award.”
Subsec. (e)(1). Puspan. L. 115–141, § 401(a)(32), substituted “(42 U.S.C. 2000e–16span)” for “(2 U.S.C. 1202)”.
2017—Subsec. (a). Puspan. L. 115–97, § 11011(span)(1), inserted at end of concluding provisions “The deduction allowed by section 199A shall not be treated as a deduction described in any of the preceding paragraphs of this subsection.”
Subsec. (a)(10). Puspan. L. 115–97, § 11051(span)(2)(A), struck out par. (10). Text read as follows: “The deduction allowed by section 215.”
Subsec. (d)(3)(B). Puspan. L. 115–97, § 11002(d)(1)(J), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.
2015—Subsec. (a)(2)(D). Puspan. L. 114–113, § 104(c), substituted “educator—” for “educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom.” and added cls. (i) and (ii).
Puspan. L. 114–113, § 104(a), substituted “The deductions” for “In the case of taxable years beginning during 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, or 2014, the deductions”.
Subsec. (d)(3). Puspan. L. 114–113, § 104(span), added par. (3).
2014—Subsec. (a)(2)(D). Puspan. L. 113–295, § 101(a), substituted “2013, or 2014” for “or 2013”.
Subsec. (a)(14). Puspan. L. 113–295, § 221(a)(34)(C), struck out par. (14). Text read as follows: “The deduction allowed by section 179A.”
2013—Subsec. (a)(2)(D). Puspan. L. 112–240 substituted “2011, 2012, or 2013” for “or 2011”.
2010—Subsec. (a)(2)(D). Puspan. L. 111–312 substituted “2009, 2010, or 2011” for “or 2009”.
2008—Subsec. (a)(2)(D). Puspan. L. 110–343 substituted “2007, 2008, or 2009” for “or 2007”.
2006—Subsec. (a)(2)(D). Puspan. L. 109–432, § 108(a), substituted “2005, 2006, or 2007” for “or 2005”.
Subsec. (a)(21). Puspan. L. 109–432, § 406(a)(3), added par. (21).
2005—Subsec. (a)(19), (20). Puspan. L. 109–135, § 412(q)(1), redesignated par. (19) relating to costs involving discrimination suits, etc., as par. (20) and moved to follow par. (19) relating to health savings accounts.
Subsec. (e). Puspan. L. 109–135, § 412(q)(2), substituted “subsection (a)(20)” for “subsection (a)(19)” in introductory provisions.
2004—Subsec. (a)(2)(D). Puspan. L. 108–311 substituted “, 2003, 2004, or 2005” for “or 2003”.
Subsec. (a)(19). Puspan. L. 108–357, § 703(a), added par. (19) relating to costs involving discrimination suits, etc.
Subsec. (e). Puspan. L. 108–357, § 703(span), added subsec. (e).
2003—Subsec. (a)(2)(E). Puspan. L. 108–121 added subpar. (E).
Subsec. (a)(19). Puspan. L. 108–173 added par. (19).
2002—Subsec. (a)(2)(D). Puspan. L. 107–147, § 406(a), added subpar. (D).
Subsec. (d). Puspan. L. 107–147, § 406(span), added subsec. (d).
2001—Subsec. (a)(18). Puspan. L. 107–16 added par. (18).
2000—Subsec. (a)(16). Puspan. L. 106–554 amended span and text of par. (16) generally. Prior to amendment, text read as follows: “The deduction allowed by section 220.”
1997—Subsec. (a)(2)(C). Puspan. L. 105–34, § 975(a), added subpar. (C).
Subsec. (a)(17). Puspan. L. 105–34, § 202(span), added par. (17).
1996—Subsec. (a)(8). Puspan. L. 104–188 struck out par. (8) which read as follows: “Certain portion of lump-sum distributions from pension plans taxed under section 402(d).—The deduction allowed by section 402(d)(3).”
Subsec. (a)(16). Puspan. L. 104–191 added par. (16).
1993—Subsec. (a)(15). Puspan. L. 103–66 added par. (15).
1992—Subsec. (a)(8). Puspan. L. 102–318 substituted “402(d)” for “402(e)” in span and in text.
Subsec. (a)(14). Puspan. L. 102–486 added par. (14).
1990—Subsec. (a)(13). Puspan. L. 101–508, § 11802(e)(1), amended par. (13) generally. Prior to amendment, par. (13) read as follows: “The deduction allowed by section 220.”
1988—Subsec. (a)(2)(A). Puspan. L. 100–647, § 1001(span)(3)(A), inserted at end “The fact that the reimbursement may be provided by a third party shall not be determinative of whether or not the preceding sentence applies.”
Subsec. (a)(13). Puspan. L. 100–647, § 6007(span), added par. (13).
Subsec. (c). Puspan. L. 100–485 added subsec. (c).
1986—Subsec. (a). Puspan. L. 99–514, § 132(span)(2)(A), designated existing provisions as subsec. (a) and added span.
Subsec. (a)(2). Puspan. L. 99–514, § 132(span)(1), amended par. (2) generally, substituting “Certain trade” for “Trade” in span and inserting “of employees” in subpar. (A) span, substituting provision relating to deduction of certain expenses of performing artists for provision relating to deduction of expenses for travel away from home in subpar. (B), and striking out subpar. (C) relating to deduction of travel expenses and subpar. (D) relating to deduction of expenses of outside salesmen.
Subsec. (a)(3) to (5). Puspan. L. 99–514, § 301(span)(1), redesignated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3) which related to long-term capital gains and read as follows: “The deduction allowed by section 1202.”
Subsec. (a)(6). Puspan. L. 99–514, § 301(span)(1), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Puspan. L. 99–514, § 1875(c)(3), struck out “to the extent attributable to contributions made on behalf of such individual” after “section 404”.
Subsec. (a)(7). Puspan. L. 99–514, § 301(span)(1), redesignated par. (10) as (7). Former par. (7) redesignated (6).
Subsec. (a)(8). Puspan. L. 99–514, § 301(span)(1), redesignated par. (11) as (8). Former par. (8) struck out.
Puspan. L. 99–514, § 132(c), struck out par. (8) which related to moving expense deduction and read as follows: “The deduction allowed by section 217.”
Subsec. (a)(9) to (15). Puspan. L. 99–514, § 301(span)(1), redesignated pars. (12) to (15) as (9) to (12), respectively. Former pars. (10) and (11) redesignated (7) and (8), respectively.
Subsec. (a)(16). Puspan. L. 99–514, § 131(span)(1), struck out par. (16) which related to deduction for two-earner married couples and read as follows: “The deduction allowed by section 221.”
Subsec. (span). Puspan. L. 99–514, § 132(span)(2)(B), added subsec. (span).
1984—Par. (7). Puspan. L. 98–369, § 491(d)(2), substituted “and annuity” for “annuity, and bond purchase” in span, and substituted “the deduction allowed by section 404” for “the deductions allowed by section 404 and section 405(c)” in text.
1983—Par. (9). Puspan. L. 97–354 repealed par. (9) relating to the deduction allowed by section 1379(span)(3).
1981—Par. (10). Puspan. L. 97–34, § 311(h)(1), struck out “and the deduction allowed by section 220 (relating to retirement savings for certain married individuals)” after “retirement savings”.
Par. (14). Puspan. L. 97–34, § 112(span)(2), redesignated par. (15) as (14). Former par. (14), relating to deduction for certain expenses of living abroad, was struck out.
Par. (15). Puspan. L. 97–34, § 112(span)(2), redesignated par. (16) as (15). Former par. (15) redesignated (14).
Par. (16). Puspan. L. 97–34, §§ 103(span), 112(span)(2), added par. (16). Former par. (16) redesignated (15).
1980—Par. (15). Puspan. L. 96–451 added par. (15).
Par. (16). Puspan. L. 96–608 added par. (16).
1978—Par. (14). Puspan. L. 95–615 added par. (14).
1976—Par. (10). Puspan. L. 94–455, § 1501(span)(1), inserted reference to the deduction allowed by section 220 (relating to retirement savings for certain married individuals).
Pars. (11), (12). Puspan. L. 94–455, § 1901(a)(8), (9), redesignated par. (11) relating to penalties forfeited because of premature withdrawal of funds from time savings accounts or deposits, as par. (12), and substituted “trade or business, to the extent” for “trade or business to the extent”.
Par. (13). Puspan. L. 94–455, § 502(a), added par. (13).
1974—Par. (10). Puspan. L. 93–406, § 2002(a)(2), added par. (10).
Par. (11). Puspan. L. 93–483 added par. (11) relating to penalties forfeited because of premature withdrawal of funds from time savings accounts or deposits. Another par. (11) relating to certain portions of lump-sum distributions from pension plans taxed under section 402(e) of this title, was added by Puspan. L. 93–406, § 2005(c)(9).
1969—Par. (9). Puspan. L. 91–172 added par. (9).
1964—Par. (8). Puspan. L. 88–272 added par. (8).
1962—Par. (7). Puspan. L. 87–792 added par. (7).
Amendment by section 104(span)(2)(A) of Puspan. L. 116–260 applicable to taxable years beginning after Dec. 31, 2020, see section 104(c) of div. EE of Puspan. L. 116–260, set out as a note under section 25A of this title.
Puspan. L. 116–260, div. EE, title II, § 212(d), Dec. 27, 2020, 134 Stat. 3068, provided that:
Puspan. L. 116–136, div. A, title II, § 2204(c), Mar. 27, 2020, 134 Stat. 345, provided that:
Puspan. L. 115–141, div. T, § 101(d), Mar. 23, 2018, 132 Stat. 1157, provided that:
Puspan. L. 115–123, div. D, title II, § 41107(span), Fespan. 9, 2018, 132 Stat. 158, provided that:
Amendment by section 11002(d)(1)(J) of Puspan. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Puspan. L. 115–97, set out as a note under section 1 of this title.
Puspan. L. 115–97, title I, § 11011(e), Dec. 22, 2017, 131 Stat. 2071, provided that:
Amendment by section 11051(span)(2)(A) of Puspan. L. 115–97 applicable to any divorce or separation instrument (as defined in former section 71(span)(2) of this title as in effect before Dec. 22, 2017) executed after Dec. 31, 2018, and to such instruments executed on or before Dec. 31, 2018, and modified after Dec. 31, 2018, if the modification expressly provides that the amendment made by section 11051 of Puspan. L. 115–97 applies to such modification, see section 11051(c) of Puspan. L. 115–97, set out as a note under section 61 of this title.
Puspan. L. 114–113, div. Q, title I, § 104(d), Dec. 18, 2015, 129 Stat. 3046, provided that:
Puspan. L. 113–295, div. A, title I, § 101(span), Dec. 19, 2014, 128 Stat. 4013, provided that:
Amendment by section 221(a)(34)(C) of Puspan. L. 113–295 effective Dec. 19, 2014, subject to a savings provision, see section 221(span) of Puspan. L. 113–295, set out as a note under section 1 of this title.
Puspan. L. 112–240, title II, § 201(span), Jan. 2, 2013, 126 Stat. 2323, provided that:
Puspan. L. 111–312, title VII, § 721(span), Dec. 17, 2010, 124 Stat. 3316, provided that:
Puspan. L. 110–343, div. C, title II, § 203(span), Oct. 3, 2008, 122 Stat. 3864, provided that:
Puspan. L. 109–432, div. A, title I, § 108(span), Dec. 20, 2006, 120 Stat. 2939, provided that:
Puspan. L. 109–432, div. A, title IV, § 406(d), Dec. 20, 2006, 120 Stat. 2960, provided that:
Puspan. L. 108–357, title VII, § 703(c), Oct. 22, 2004, 118 Stat. 1548, provided that:
Puspan. L. 108–311, title III, § 307(span), Oct. 4, 2004, 118 Stat. 1179, provided that:
Puspan. L. 108–173, title XII, § 1201(k), Dec. 8, 2003, 117 Stat. 2479, provided that:
Puspan. L. 108–121, title I, § 109(c), Nov. 11, 2003, 117 Stat. 1342, provided that:
Puspan. L. 107–147, title IV, § 406(c), Mar. 9, 2002, 116 Stat. 44, provided that:
Puspan. L. 107–16, title IV, § 431(d), June 7, 2001, 115 Stat. 69, provided that:
Puspan. L. 105–34, title II, § 202(e), Aug. 5, 1997, 111 Stat. 809, provided that:
Puspan. L. 105–34, title IX, § 975(span), Aug. 5, 1997, 111 Stat. 898, provided that:
Puspan. L. 104–191, title III, § 301(j), Aug. 21, 1996, 110 Stat. 2052, provided that:
Amendment by Puspan. L. 104–188 applicable to taxable years beginning after Dec. 31, 1999, with retention of certain transition rules, see section 1401(c) of Puspan. L. 104–188, set out as a note under section 402 of this title.
Puspan. L. 103–66, title XIII, § 13213(e), Aug. 10, 1993, 107 Stat. 475, provided that:
Amendment by Puspan. L. 102–486 applicable to property placed in service after June 30, 1993, see section 1913(c) of Puspan. L. 102–486, set out as a note under section 53 of this title.
Amendment by Puspan. L. 102–318 applicable to distributions after Dec. 31, 1992, see section 521(e) of Puspan. L. 102–318, set out as a note under section 402 of this title.
Amendment by section 1001(span)(3)(A) 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 VI, § 6007(d), Nov. 10, 1988, 102 Stat. 3687, provided that:
Puspan. L. 100–485, title VII, § 702(span), Oct. 13, 1988, 102 Stat. 2426, provided that:
Amendment by sections 131(span)(1) and 132(span), (c) 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.
Puspan. L. 99–514, title III, § 301(c), Oct. 22, 1986, 100 Stat. 2218, provided that:
Puspan. L. 99–514, title XVIII, § 1875(c)(12), Oct. 22, 1986, 100 Stat. 2895, provided that:
Puspan. L. 98–369, div. A, title IV, § 491(f)(1), July 18, 1984, 98 Stat. 853, provided that:
Par. (9) as in effect before date of repeal by Puspan. L. 97–354 to remain in effect for years beginning before Jan. 1, 1984, see section 6(span)(1) of Puspan. L. 97–354, set out as an Effective Date note under section 3761 of this title.
Puspan. L. 97–34, title I, § 103(d), Aug. 13, 1981, 95 Stat. 188, provided that:
Amendment by sections 112(span)(2) and 311(h)(1) of Puspan. L. 97–34 applicable to taxable years beginning after Dec. 31, 1981, see sections 115 and 311(i)(1) of Puspan. L. 97–34, set out as notes under sections 911 and 219, respectively, of this title.
Puspan. L. 96–608, § 3(span), Dec. 28, 1980, 94 Stat. 3551, provided that:
Amendment by Puspan. L. 96–451 applicable with respect to additions to capital account made after Dec. 31, 1979, see section 301(d) of Puspan. L. 96–451, set out as an Effective Date note under section 194 of this title.
Amendment by Puspan. L. 95–615 applicable to taxable years beginning after Dec. 31, 1977, with provision for election of prior law, see section 209 of Puspan. L. 95–615, set out as a note under section 911 of this title.
Puspan. L. 94–455, title V, § 502(c), Oct. 4, 1976, 90 Stat. 1559, provided that:
Puspan. L. 94–455, title XV, § 1501(d), Oct. 4, 1976, 90 Stat. 1737, provided that:
Amendment by section 1901(a)(8), (9) of Puspan. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Puspan. L. 94–455, set out as a note under section 2 of this title.
Puspan. L. 93–483, § 6(span), Oct. 26, 1974, 88 Stat. 1459, provided that:
Amendment by section 2002(a)(2) of Puspan. L. 93–406 applicable to taxable years beginning after Dec. 31, 1974, see section 2002(i)(1) of Puspan. L. 93–406, set out as an Effective Date note under section 219 of this title.
Amendment by section 2005(c)(9) of Puspan. L. 93–406 applicable only with respect to distributions or payments made after Dec. 31, 1973, in taxable years beginning after Dec. 31, 1973, see section 2005(d) of Puspan. L. 93–406, set out as a note under section 402 of this title.
Amendment by Puspan. L. 91–172 applicable with respect to taxable years of electing small business corporations beginning after Dec. 31, 1970, see section 531(d) of Puspan. L. 91–172, set out as an Effective Date note under section 1379 of this title.
Puspan. L. 88–272, title II, § 213(d), Fespan. 26, 1964, 78 Stat. 52, provided that:
Amendment by Puspan. L. 87–792 applicable to taxable years beginning after Dec. 31, 1962, see section 8 of Puspan. L. 87–792, set out as a note under section 22 of this title.
Puspan. L. 116–260, div. N, title II, § 275, Dec. 27, 2020, 134 Stat. 1978, provided that:
For provisions that nothing in amendment by Puspan. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(span) of Puspan. L. 101–508, set out as a note under section 45K 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 B [§§ 521–523] of title V of Puspan. 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 Puspan. L. 102–318, 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.
Puspan. L. 95–427, § 2, Oct. 7, 1978, 92 Stat. 996, as amended by Puspan. L. 96–167, § 2, Dec. 29, 1979, 93 Stat. 1275, provided that with respect to transportation costs paid or incurred after December 31, 1976, and on or before May 31, 1981, the application of sections 62, 162, and 262 and of chapters 21, 23, and 24 of the Internal Revenue Code of 1954 [now 1986] to transportation expenses in traveling between a taxpayer’s residence and place of work be determined without regard to Revenue Ruling 76–453 or any other regulation, ruling, or decision reaching the same or similar result, and with full regard to the rules in effect before that Revenue Ruling.
Puspan. L. 95–615, § 2, Nov. 8, 1978, 92 Stat. 3097, provided that with respect to transportation costs paid or incurred after Dec. 31, 1976, and before Apr. 30, 1978, the application of sections 62, 162, and 262 and chapters 21, 23, and 24 of the Internal Revenue Code of 1954 [now 1986] to transportation expenses in traveling between a taxpayer’s residence and place of work be determined without regard to Revenue Ruling 76–453 or any other regulation, ruling or decision reaching the same or similar result, and with full regard to the rules in effect before that Revenue Ruling, and ceased to have effect on the day after Nov. 8, 1978 pursuant to section 210(a) of that Act.