Source
(Aug. 16, 1954, ch. 736, 68A Stat. 42; Pub. L. 91–172, title VIII, § 801(a)(1), (b)(1), (c)(1), (d)(1), title IX, § 941(b), Dec. 30, 1969, 83 Stat. 675, 676, 726; Pub. L. 92–178, title II, § 201(a)(1), (b)(1), (c), Dec. 10, 1971, 85 Stat. 510, 511; Pub. L. 94–455, title XIX, § 1901(a)(23), Oct. 4, 1976, 90 Stat. 1767; Pub. L. 95–600, title I, § 102(a), Nov. 6, 1978, 92 Stat. 2771; Pub. L. 97–34, title I, § 104(c), Aug. 13, 1981, 95 Stat. 189; Pub. L. 98–369, div. A, title IV, § 426(a), July 18, 1984, 98 Stat. 804; Pub. L. 99–514, title I, § 103, title XVIII, § 1847(b)(3), Oct. 22, 1986, 100 Stat. 2102, 2856; Pub. L. 100–647, title VI, § 6010(a), Nov. 10, 1988, 102 Stat. 3691; Pub. L. 101–508, title XI, §§ 11101(d)(1)(F),
11104
(a), Nov. 5, 1990, 104 Stat. 1388–405, 1388–407; Pub. L. 102–318, title V, § 511, July 3, 1992, 106 Stat. 300; Pub. L. 103–66, title XIII, §§ 13201(b)(3)(G),
13205, Aug. 10, 1993, 107 Stat. 459, 462; Pub. L. 104–188, title I, §§ 1615(a)(1),
1702
(a)(2), Aug. 20, 1996, 110 Stat. 1853, 1868; Pub. L. 106–554, § 1(a)(7) [title III, § 306(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–634; Pub. L. 107–16, title I, § 102(a), June 7, 2001, 115 Stat. 44; Pub. L. 107–147, title IV, §§ 412(b),
417
(6), Mar. 9, 2002, 116 Stat. 53, 56; Pub. L. 108–311, title II, § 206, Oct. 4, 2004, 118 Stat. 1176.)
Personal Exemption Adjustment for Taxable Years Beginning in 2008
For adjustment and phaseout of personal exemption under subsection (d) of this section for taxable years beginning in 2008, see section
3.19 of Revenue Procedure 2007–66, set out as a note under section
1 of this title.
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
2004—Subsec. (c).
Pub. L. 108–311 reenacted heading without change and amended text generally. Prior to amendment, text consisted of pars. (1) to (6) relating to additional exemption for dependents in general, exemption denied in case of certain married dependents, child defined, student defined, certain income of handicapped dependents not taken into account, and treatment of missing children, respectively.
2002—Subsec. (c)(6)(B)(iii).
Pub. L. 107–147, § 417(6), inserted “as” before “such terms”.
Subsec. (c)(6)(C).
Pub. L. 107–147, § 412(b), substituted “for principal place of abode requirements” for “for earned income credit” in heading, “An” for “For purposes of section
32, an” in introductory provisions, and “principal place of abode requirements of section
2
(a)(1)(B), section
2(b)(1)(A), and section
32
(c)(3)(A)(ii)” for “requirement of section
32
(c)(3)(A)(ii)” in concluding provisions.
2001—Subsec. (d)(3)(E), (F). Pub. L. 107—16, §§ 102(a),
901, temporarily added subpars. (E) and (F). See Effective and Termination Dates of 2001 Amendment note below.
2000—Subsec. (c)(6).
Pub. L. 106–554 added par. (6).
1996—Subsec. (d)(3)(C)(i).
Pub. L. 104–188, § 1702(a)(2), substituted “joint return” for “joint of a return”.
Subsec. (e).
Pub. L. 104–188, § 1615(a)(1), added subsec. (e).
1993—Subsec. (d)(3)(E).
Pub. L. 103–66, § 13205, struck out heading and text of subpar. (E). Text read as follows: “This paragraph shall not apply to any taxable year beginning after December 31, 1996.”
Subsec. (d)(4)(A)(ii), (B)(ii).
Pub. L. 103–66, § 13201(b)(3)(G), substituted “1992” for “1989”.
1992—Subsec. (d)(3)(E).
Pub. L. 102–318 substituted “1996” for “1995”.
1990—Subsec. (d).
Pub. L. 101–508, § 11104(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “For purposes of this section—
“(1) In general.—Except as provided in paragraph (2), the term ‘exemption amount’ means—
“(A) $1,900 for taxable years beginning during 1987,
“(B) $1,950 for taxable years beginning during 1988, and
“(C) $2,000 for taxable years beginning after December 31, 1988.
“(2) Exemption amount disallowed in the case of certain dependents.—In the case of an individual with respect to whom a deduction under this section is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, the exemption amount applicable to such individual for such individual’s taxable year shall be zero.
“(3) Inflation adjustment for years after 1989.—In the case of any taxable year beginning in a calendar year after 1989, the dollar amount contained in paragraph (1)(C) shall 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, by substituting ‘calendar year 1988’ for ‘calendar year 1987’ in subparagraph (B) thereof.”
Subsec. (d)(3)(B).
Pub. L. 101–508, § 11101(d)(1)(F), substituted “1989” for “1987”.
1988—Subsec. (c)(1)(B)(ii).
Pub. L. 100–647 inserted “who has not attained the age of 24 at the close of such calendar year” after “student”.
1986—Subsec. (c).
Pub. L. 99–514, § 103(b), redesignated subsec. (e) as (c) and struck out former subsec. (c) which provided for an additional exemption for taxpayer or spouse aged 65 or more.
Subsec. (d).
Pub. L. 99–514, § 103(b), redesignated subsec. (f) as (d) and struck out former subsec. (d) which provided for an additional exemption for blindness of taxpayer or spouse.
Subsec. (e).
Pub. L. 99–514, § 103(b), redesignated subsec. (e) as (c).
Pub. L. 99–514, § 1847(b)(3), substituted “section
22
(e)” for “section
37
(e)” in par. (5)(C).
Subsec. (f).
Pub. L. 99–514, § 103(b), redesignated subsec. (f) as (d).
Pub. L. 99–514, § 103(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “For purposes of this section, the term ‘exemption amount’ means, with respect to any taxable year, $1,000 increased by an amount equal to $1,000 multiplied by the cost-of-living adjustment (as defined in section
1
(f)(3)) for the calendar year in which the taxable year begins. If the amount determined under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10 (or if such amount is a multiple of $5, such amount shall be increased to the next highest multiple of $10).”
1984—Subsec. (e)(5).
Pub. L. 98–369 added par. (5).
1981—Subsecs. (b), (c), (d)(1), (2), (e)(1).
Pub. L. 97–34, § 104(c)(1), substituted “the exemption amount” for “$1,000” wherever appearing.
Subsec. (f).
Pub. L. 97–34, § 104(c)(2), added subsec. (f).
1978—
Pub. L. 95–600 increased exemption from $750 to $1,000 with respect to taxable years beginning after Dec. 31, 1978.
1976—Subsec. (e)(4).
Pub. L. 94–455 struck out “and educational institution” after “Student” in heading, substituted in subpars. (A) and (B) “organization described in section
170
(b)(1)(A)(ii)” for “institution”, and struck out provisions following subpar. (B) defining educational institution.
1971—
Pub. L. 92–178 increased exemption from $650 to $675 with respect to taxable years beginning after Dec. 31, 1970, and before Jan. 1, 1972, and from $675 to $750 with respect to taxable years beginning after Dec. 31, 1971.
1969—
Pub. L. 91–172, § 801(a)(1), (b)(1), (c)(1), (d)(1), increased exemption from $600 to $625 with respect to taxable years beginning after Dec. 31, 1969, and before Jan. 1, 1971, from $625 to $650 for taxable years beginning after Dec. 31, 1970, and before Jan. 1, 1972, from $650 to $700 for taxable years beginning after Dec. 31, 1971, and before Jan. 1, 1973, and from $700 to $750 for taxable years beginning after Dec. 31, 1972.
Subsecs. (b), (c),
Pub. L. 91–172, § 941(b), substituted “if a joint return is not made by the taxpayer and his spouse” for “if a separate return is made by the taxpayer”.
Effective Date of 2004 Amendment
Amendment by
Pub. L. 108–311 applicable to taxable years beginning after Dec. 31, 2004, see section 208 of
Pub. L. 108–311, set out as a note under section
2 of this title.
Effective Date of 2002 Amendment
Pub. L. 107–147, title IV, § 412(e), Mar. 9, 2002,
116 Stat. 54, provided that: “The amendments made by this section [amending this section and sections
358,
469,
1091,
1233,
1234A, and
1234B of this title] shall take effect as if included in the provisions of the Community Renewal Tax Relief Act of 2000 [H.R.
5662, as enacted by section 1(a)(7) of
Pub. L. 106–554, Dec. 21, 2000,
114 Stat. 2763, 2763A–587] to which they relate.”
Effective and Termination Dates of 2001 Amendment
Pub. L. 107–16, title I, § 102(b), June 7, 2001,
115 Stat. 44, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2005.”
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 2000 Amendment
Pub. L. 106–554, § 1(a)(7) [title III, § 306(b)], Dec. 21, 2000,
114 Stat. 2763, 2763A–635, provided that: “The amendment made by this section [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Dec. 21, 2000].”
Effective Date of 1996 Amendment
Amendment by section 1615(a)(1) of
Pub. L. 104–188 applicable with respect to returns the due date for which, without regard to extensions, is on or after the 30th day after Aug. 20, 1996, with special rule for 1995 and 1996, see section 1615(d) of
Pub. L. 104–188, set out as a note under section
21 of this title.
Amendment by section 1702(a)(2) of
Pub. L. 104–188 effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990,
Pub. L. 101–508, title XI, to which such amendment relates, see section 1702(i) of
Pub. L. 104–188, set out as a note under section
38 of this title.
Effective Date of 1993 Amendment
Amendment by section 13201(b)(3)(G) of
Pub. L. 103–66 applicable to taxable years beginning after Dec. 31, 1992, see section 13201(c) of
Pub. L. 103–66, set out as a note under section
1 of this title.
Effective Date of 1990 Amendment
Amendment by section 11101(d)(1)(F) of
Pub. L. 101–508 applicable to taxable years beginning after Dec. 31, 1990, see section 11101(e) of
Pub. L. 101–508, set out as a note under section
1 of this title.
Amendment by section 11104(a) of
Pub. L. 101–508 applicable to taxable years beginning after Dec. 31, 1990, see section 11104(c) of
Pub. L. 101–508, set out as a note under section
1 of this title.
Effective Date of 1988 Amendment
Section 6010(b) of
Pub. L. 100–647 provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1988.”
Effective Date of 1986 Amendment
Amendment by section 103 of
Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of
Pub. L. 99–514, set out as a note under section
1 of this title.
Amendment by section 1847(b)(3) 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
Section 426(b) of
Pub. L. 98–369 provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1984.”
Effective Date of 1981 Amendment
Amendment by
Pub. L. 97–34 applicable to taxable years beginning after Dec. 31, 1984, see section 104(e) of
Pub. L. 97–34, set out as a note under section
1 of this title.
Effective Date of 1978 Amendment
Section 102(d)(1) of
Pub. L. 95–600 provided that: “The amendments made by subsections (a) and (b) [amending this section and sections
6012 and
6013 of this title] shall apply to taxable years beginning after December 31, 1978.”
Effective Date of 1976 Amendment
Amendment by
Pub. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of
Pub. L. 94–455, set out as a note under section
2 of this title.
Effective Date of 1971 Amendment
Section 201(a), (b) of
Pub. L. 92–178 provided in part that the increase in exemption from $650 to $675 was effective with respect to taxable years beginning after Dec. 31, 1970, and before Jan. 1, 1972, and from $675 to $750 was effective with respect to taxable years beginning after Dec. 31, 1971.
Effective Date of 1969 Amendment
Section 801(a)(1) of
Pub. L. 91–172 provided in part that the increase in exemption from $600 to $625 is effective with respect to taxable years beginning after Dec. 31, 1969, and before Jan. 1, 1971.
Section 801(b)(1) of
Pub. L. 91–172 provided in part that the increase in the exemption from $625 to $650 is effective with respect to taxable years beginning after Dec. 31, 1970, and before Jan. 1, 1972.
Section 941(c) of
Pub. L. 91–172 provided that: “The amendments made by subsections (a) [amending section
6012 of this title] and (b) [amending this section] shall apply to taxable years beginning after December 31, 1969.”
Repeals
Section 801(c)(1), (d)(1) of
Pub. L. 91–172 provided for an increase in the personal exemption to $700, effective with respect to taxable years beginning after Dec. 31, 1971, and before Jan. 1, 1973, and to $750, effective with respect to taxable years beginning after Dec. 31, 1972, prior to repeal by section 201(c) of
Pub. L. 92–178.
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 [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 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.