Amendments
2022—Subsec. (d)(1). Pub. L. 117–328 substituted “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”.
2017—Subsec. (b)(3)(B). 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)”.
Subsec. (d)(1)(D). Pub. L. 115–97, § 11024(b), added subpar. (D).
2013—Subsec. (g). 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—Subsec. (g)(2). 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—Subsec. (g)(2). Pub. L. 111–5, § 1144(b)(1)(C), inserted “30B,” after “30,”.
Pub. L. 111–5, § 1142(b)(1)(C), inserted “30,” after “25D,”.
Pub. L. 111–5, § 1004(b)(4), inserted “25A(i),” after “23,”.
2008—Subsec. (g)(2). Pub. L. 110–343, § 205(d)(1)(C), substituted “, 25D, and 30D” for “and 25D”.
Pub. L. 110–343, § 106(e)(2)(C), substituted “sections 23 and 25D” for “section 23”.
2006—Subsec. (b). 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.
Subsec. (h). 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—Subsec. (g). 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.
2004—Subsec. (c)(2)(B). Pub. L. 108–311 substituted “152(f)(2)” for “151(c)(4)”.
2002—Subsec. (d)(2)(A). 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.”
Subsecs. (g), (h). Pub. L. 107–147, § 417(1), redesignated subsec. (g), relating to termination, as (h).
2001—Subsec. (g). Pub. L. 107–16, § 618(b)(1), added subsec. (g) relating to limitation based on amount of tax.
Effective Date of 2002 Amendment
Pub. L. 107–147, title IV, § 411(x), Mar. 9, 2002, 116 Stat. 53, provided that:
“Except as provided in subsection (c) [amending sections
23 and
137 of this title and enacting provisions set out as a note under
section 23 of this title], the amendments made by this section [amending this section, sections 23, 24, 38, 45E, 45F, 63, 137, 401 to 404, 408, 409, 412, 414 to 417, 457, 530, 2016, 2101, 2511, 4980F, and 6428 of this title, sections 1003, 1054, 1055, 1082, and 1104 of Title 29, Labor, and provisions set out as notes under sections 38, 415, and 4980F of this title] shall take effect as if included in the provisions of the
Economic Growth and Tax Relief Reconciliation Act of 2001 [
Pub. L. 107–16] to which they relate.”
