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26 U.S.C. § 135 — Income from United States savings bonds
Federal law — U.S. Code and appendices · legal_authorities
Page 612
TITLE 26—INTERNAL REVENUE CODE
§ 135
Subsec. (b)(3)(C). Pub. L. 108–121, § 102(b)(1), added sub-
par. (C).
Subsec. (b)(4). Pub. L. 108–121, § 106(a), added par. (4).
1988—Subsec. (b)(1). Pub. L. 100–647, § 1011B(f)(2)(A),
inserted ‘‘(other than personal use of a vehicle)’’ after
‘‘in-kind benefit’’ in introductory text.
Subsec. (b)(1)(B). Pub. L. 100–647, § 1011B(f)(1), sub-
stituted ‘‘, regulation, or administrative practice’’ for
‘‘or regulation thereunder’’.
Subsec. (b)(3)(A). Pub. L. 100–647, § 1011B(f)(3), struck
out ‘‘under any provision of law or regulation described
in paragraph (1)’’ after ‘‘September 9, 1986,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–245, title I, § 112(b), June 17, 2008, 122 Stat.
1635, provided that: ‘‘The amendment made by this sec-
tion [amending this section] shall apply to payments
made before, on, or after the date of the enactment of
this Act [June 17, 2008].’’
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–375, div. A, title V, § 585(b)(3), Oct. 28, 2004,
118 Stat. 1932, provided that: ‘‘The amendments made
by this subsection [amending this section and sections
3121, 3306, and 3401 of this title] shall apply to travel
benefits provided after the date of the enactment of
this Act [Oct. 28, 2004].’’
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–121, title I, § 102(b)(3), Nov. 11, 2003, 117
Stat. 1337, provided that: ‘‘The amendments made by
this subsection [amending this section] shall apply
with respect to deaths occurring after September 10,
2001.’’
Pub. L. 108–121, title I, § 106(c), Nov. 11, 2003, 117 Stat.
1339, provided that: ‘‘The amendments made by this
section [amending this section and sections 3121, 3306,
and 3401 of this title] shall apply to ta
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Page 612
TITLE 26—INTERNAL REVENUE CODE
§ 135
Subsec. (b)(3)(C). Pub. L. 108–121, § 102(b)(1), added sub-
par. (C).
Subsec. (b)(4). Pub. L. 108–121, § 106(a), added par. (4).
1988—Subsec. (b)(1). Pub. L. 100–647, § 1011B(f)(2)(A),
inserted ‘‘(other than personal use of a vehicle)’’ after
‘‘in-kind benefit’’ in introductory text.
Subsec. (b)(1)(B). Pub. L. 100–647, § 1011B(f)(1), sub-
stituted ‘‘, regulation, or administrative practice’’ for
‘‘or regulation thereunder’’.
Subsec. (b)(3)(A). Pub. L. 100–647, § 1011B(f)(3), struck
out ‘‘under any provision of law or regulation described
in paragraph (1)’’ after ‘‘September 9, 1986,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–245, title I, § 112(b), June 17, 2008, 122 Stat.
1635, provided that: ‘‘The amendment made by this sec-
tion [amending this section] shall apply to payments
made before, on, or after the date of the enactment of
this Act [June 17, 2008].’’
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–375, div. A, title V, § 585(b)(3), Oct. 28, 2004,
118 Stat. 1932, provided that: ‘‘The amendments made
by this subsection [amending this section and sections
3121, 3306, and 3401 of this title] shall apply to travel
benefits provided after the date of the enactment of
this Act [Oct. 28, 2004].’’
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–121, title I, § 102(b)(3), Nov. 11, 2003, 117
Stat. 1337, provided that: ‘‘The amendments made by
this subsection [amending this section] shall apply
with respect to deaths occurring after September 10,
2001.’’
Pub. L. 108–121, title I, § 106(c), Nov. 11, 2003, 117 Stat.
1339, provided that: ‘‘The amendments made by this
section [amending this section and sections 3121, 3306,
and 3401 of this title] shall apply to taxable years be-
ginning after December 31, 2002.’’
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100–647, title I, § 1011B(f)(2)(B), Nov. 10, 1988,
102 Stat. 3490, provided that: ‘‘The amendment made by
subparagraph (A) [amending this section] shall apply to
taxable years beginning after December 31, 1986.’’
Amendment by section 1011B(f)(1), (3) of Pub. L.
100–647 effective, except as otherwise provided, as if in-
cluded 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
Pub. L. 99–514, title XI, § 1168(c), Oct. 22, 1986, 100 Stat.
2513, as amended by Pub. L. 100–647, title I, § 1011B(f)(4),
Nov. 10, 1988, 102 Stat. 3490, provided that: ‘‘The amend-
ments made by this section [enacting this section]
shall apply to taxable years beginning after December
31, 1984.’’
NO INFERENCE TO BE DRAWN FROM AMENDMENT BY
PUB. L. 108–121
Pub. L. 108–121, title I, § 106(d), Nov. 11, 2003, 117 Stat.
1339, provided that: ‘‘No inference may be drawn from
the amendments made by this section [amending this
section and sections 3121, 3306, and 3401 of this title]
with respect to the tax treatment of any amounts
under the program described in section 134(b)(4) of the
Internal Revenue Code of 1986 (as added by this section)
for any taxable year beginning before January 1, 2003.’’
§ 135. Income from United States savings bonds
used to pay higher education tuition and fees
(a) General rule
In the case of an individual who pays qualified
higher education expenses during the taxable
year, no amount shall be includible in gross in-
come by reason of the redemption during such
year of any qualified United States savings
bond.
(b) Limitations
(1) Limitation where redemption proceeds ex-
ceed higher education expenses
(A) In general
If—
(i) the aggregate proceeds of qualified
United States savings bonds redeemed by
the taxpayer during the taxable year ex-
ceed
(ii) the qualified higher education ex-
penses paid by the taxpayer during such
taxable year,
the amount excludable from gross income
under subsection (a) shall not exceed the ap-
plicable fraction of the amount excludable
from gross income under subsection (a) with-
out regard to this subsection.
(B) Applicable fraction
For purposes of subparagraph (A), the term
‘‘applicable fraction’’ means the fraction the
numerator of which is the amount described
in subparagraph (A)(ii) and the denominator
of which is the amount described in subpara-
graph (A)(i).
(2) Limitation based on modified adjusted
gross income
(A) In general
If the modified adjusted gross income of
the taxpayer for the taxable year exceeds
$40,000 ($60,000 in the case of a joint return),
the amount which would (but for this para-
graph) be excludable from gross income
under subsection (a) shall be reduced (but
not below zero) by the amount which bears
the same ratio to the amount which would
be so excludable as such excess bears to
$15,000 ($30,000 in the case of a joint return).
(B) Inflation adjustment
In the case of any taxable year beginning
in a calendar year after 1990, the $40,000 and
$60,000 amounts contained in subparagraph
(A) shall be increased by an amount equal
to—
(i) such dollar amount, multiplied by
(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in
which the taxable year begins, determined
by substituting ‘‘calendar year 1989’’ for
‘‘calendar year 2016’’ in subparagraph
(A)(ii) thereof.
(C) Rounding
If any amount as adjusted under subpara-
graph (B) is not a multiple of $50, such
amount shall be rounded to the nearest mul-
tiple of $50 (or if such amount is a multiple
of $25, such amount shall be rounded to the
next highest multiple of $50).
(c) Definitions
For purposes of this section—
(1) Qualified United States savings bond
The term ‘‘qualified United States savings
bond’’ means any United States savings bond
issued—
Page 613
TITLE 26—INTERNAL REVENUE CODE
§ 135
(A) after December 31, 1989,
(B) to an individual who has attained age
24 before the date of issuance, and
(C) at discount under section 3105 of title
31, United States Code.
(2) Qualified higher education expenses
(A) In general
The term ‘‘qualified higher education ex-
penses’’ means tuition and fees required for
the enrollment or attendance of—
(i) the taxpayer,
(ii) the taxpayer’s spouse, or
(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151,
at an eligible educational institution.
(B) Exception for education involving sports,
etc.
Such term shall not include expenses with
respect to any course or other education in-
volving sports, games, or hobbies other than
as part of a degree program.
(C) Contributions to qualified tuition pro-
gram and Coverdell education savings
accounts
Such term shall include any contribution
to a qualified tuition program (as defined in
section 529) on behalf of a designated bene-
ficiary (as defined in such section), or to a
Coverdell education savings account (as de-
fined in section 530) on behalf of an account
beneficiary, who is an individual described
in subparagraph (A); but there shall be no in-
crease in the investment in the contract for
purposes of applying section 72 by reason of
any portion of such contribution which is
not includible in gross income by reason of
this subparagraph.
(3) Eligible educational institution
The term ‘‘eligible educational institution’’
has the meaning given such term by section
529(e)(5).
(4) Modified adjusted gross income
The term ‘‘modified adjusted gross income’’
means the adjusted gross income of the tax-
payer for the taxable year determined—
(A) without regard to this section and sec-
tions 85(c), 137, 221, 911, 931, and 933, and
(B) after the application of sections 86, 469,
and 219.
(d) Special rules
(1) Adjustment for certain scholarships and
veterans benefits
The amount of qualified higher education
expenses otherwise taken into account under
subsection (a) with respect to the education of
an individual shall be reduced (before the ap-
plication of subsection (b)) by the sum of the
amounts received with respect to such indi-
vidual for the taxable year as—
(A) a qualified scholarship which under
section 117 is not includable in gross income,
(B) an educational assistance allowance
under chapter 30, 31, 32, 34, or 35 of title 38,
United States Code,
(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of
section 102(a)) for educational expenses, or
attributable to attendance at an eligible
educational institution, which is exempt
from income taxation by any law of the
United States, or
(D) a payment, waiver, or reimbursement
of qualified higher education expenses under
a qualified tuition program (within the
meaning of section 529(b)).
(2) Coordination with other higher education
benefits
The amount of the qualified higher edu-
cation expenses otherwise taken into account
under subsection (a) with respect to the edu-
cation of an individual shall be reduced (before
the application of subsection (b)) by—
(A) the amount of such expenses which are
taken into account in determining the credit
allowed to the taxpayer or any other person
under section 25A with respect to such ex-
penses; and
(B) the amount of such expenses which are
taken into account in determining the ex-
clusions
under
sections
529(c)(3)(B)
and
530(d)(2).
(3) No exclusion for married individuals filing
separate returns
If the taxpayer is a married individual (with-
in the meaning of section 7703), this section
shall apply only if the taxpayer and his spouse
file a joint return for the taxable year.
(4) Regulations
The Secretary may prescribe such regula-
tions as may be necessary or appropriate to
carry out this section, including regulations
requiring record keeping and information re-
porting.
(Added Pub. L. 100–647, title VI, § 6009(a), Nov. 10,
1988, 102 Stat. 3688; amended Pub. L. 101–239, title
VII, § 7816(c)(2), Dec. 19, 1989, 103 Stat. 2420; Pub.
L. 101–508, title XI, §§ 11101(d)(1)(E), 11702(h), Nov.
5, 1990, 104 Stat. 1388–405, 1388–516; Pub. L.
104–188, title I, §§ 1703(d), 1806(b)(1), 1807(c)(2),
Aug. 20, 1996, 110 Stat. 1875, 1898, 1902; Pub. L.
105–34, title II, §§ 201(d), 211(c), 213(e)(2), Aug. 5,
1997, 111 Stat. 805, 811, 817; Pub. L. 105–206, title
VI, § 6004(c)(1), (d)(4), (9), July 22, 1998, 112 Stat.
793–795; Pub. L. 105–277, div. J, title IV,
§ 4003(a)(2)(B), Oct. 21, 1998, 112 Stat. 2681–908;
Pub.
L.
107–16,
title
IV,
§§ 401(g)(2)(B),
402(a)(4)(A), (B), (b)(2)(A), 431(c)(1), June 7, 2001,
115 Stat. 59–62, 68; Pub. L. 107–22, § 1(b)(1)(B),
(3)(B), July 26, 2001, 115 Stat. 197; Pub. L. 108–357,
title I, § 102(d)(1), Oct. 22, 2004, 118 Stat. 1428;
Pub.
L.
115–97,
title
I,
§§ 11002(d)(1)(M),
13305(b)(1), Dec. 22, 2017, 131 Stat. 2060, 2126; Pub.
L. 116–260, div. EE, title I, § 104(b)(2)(D), Dec. 27,
2020, 134 Stat. 3041; Pub. L. 117–2, title IX,
§ 9042(b)(3), Mar. 11, 2021, 135 Stat. 122.)
INFLATION ADJUSTED ITEMS FOR CERTAIN YEARS
For inflation adjustment of certain items in
this section, see Revenue Procedures listed in a
table under section 1 of this title.
Editorial Notes
PRIOR PROVISIONS
A prior section 135 was renumbered section 140 of this
title.
Page 614
TITLE 26—INTERNAL REVENUE CODE
§ 135
AMENDMENTS
2021—Subsec. (c)(4)(A). Pub. L. 117–2 inserted ‘‘85(c),’’
before ‘‘137’’.
2020—Subsec. (c)(4)(A). Pub. L. 116–260 struck out
‘‘222,’’ after ‘‘221,’’.
2017—Subsec.
(b)(2)(B)(ii).
Pub.
L.
115–97,
§ 11002(d)(1)(M), substituted ‘‘for ‘calendar year 2016’ in
subparagraph (A)(ii)’’ for ‘‘for ‘calendar year 1992’ in
subparagraph (B)’’.
Subsec. (c)(4)(A). Pub. L. 115–97, § 13305(b)(1), struck
out ‘‘199,’’ before ‘‘221’’.
2004—Subsec. (c)(4)(A). Pub. L. 108–357 inserted ‘‘199,’’
before ‘‘221’’.
2001—Subsec. (c)(2)(C). Pub. L. 107–22, in heading sub-
stituted ‘‘Coverdell education savings’’ for ‘‘education
individual retirement’’ and in text substituted ‘‘a
Coverdell education savings’’ for ‘‘an education indi-
vidual retirement’’.
Pub. L. 107–16, § 402(a)(4)(A), (B), substituted ‘‘quali-
fied tuition’’ for ‘‘qualified State tuition’’ in heading
and text.
Subsec. (c)(4)(A). Pub. L. 107–16, § 431(c)(1), inserted
‘‘222,’’ after ‘‘221,’’.
Subsec. (d)(1)(D). Pub. L. 107–16, § 402(a)(4)(A), sub-
stituted ‘‘qualified tuition’’ for ‘‘qualified State tui-
tion’’.
Subsec. (d)(2)(A). Pub. L. 107–16, § 401(g)(2)(B), sub-
stituted ‘‘allowed’’ for ‘‘allowable’’.
Subsec. (d)(2)(B). Pub. L. 107–16, § 402(b)(2)(A), sub-
stituted ‘‘the exclusions under sections 529(c)(3)(B) and
530(d)(2)’’ for ‘‘the exclusion under section 530(d)(2)’’.
1998—Subsec. (c)(2)(C). Pub. L. 105–206, § 6004(d)(9), in-
serted ‘‘and education individual retirement accounts’’
after ‘‘program’’ in heading and substituted ‘‘section
72’’ for ‘‘section 529(c)(3)(A)’’ in text.
Subsec. (c)(3). Pub. L. 105–206, § 6004(c)(1), reenacted
heading without change and amended text generally.
Prior to amendment, text read as follows: ‘‘The term
‘eligible educational institution’ means—
‘‘(A) an institution described in section 1201(a) or
subparagraph (C) or (D) of section 481(a)(1) of the
Higher Education Act of 1965 (as in effect on October
21, 1988), and
‘‘(B) an area vocational education school (as de-
fined in subparagraph (C) or (D) of section 521(3) of
the Carl D. Perkins Vocational Education Act) which
is in any State (as defined in section 521(27) of such
Act), as such sections are in effect on October 21,
1988.’’
Subsec. (c)(4)(A). Pub. L. 105–277 inserted ‘‘221,’’ after
‘‘137,’’.
Subsec. (d)(2). Pub. L. 105–206, § 6004(d)(4), substituted
‘‘other higher education benefits’’ for ‘‘higher edu-
cation credit’’ in heading and amended text of par. (2)
generally. Prior to amendment, text read as follows:
‘‘The amount of the qualified higher education ex-
penses otherwise taken into account under subsection
(a) with respect to the education of an individual shall
be reduced (before the application of subsection (b)) by
the amount of such expenses which are taken into ac-
count in determining the credit allowable to the tax-
payer or any other person under section 25A with re-
spect to such expenses.’’
1997—Subsec. (c)(2)(C). Pub. L. 105–34, § 213(e)(2), in-
serted ‘‘, or to an education individual retirement ac-
count (as defined in section 530) on behalf of an account
beneficiary,’’ after ‘‘(as defined in such section)’’.
Pub. L. 105–34, § 211(c), added subpar. (C).
Subsec. (d)(2) to (4). Pub. L. 105–34, § 201(d), added par.
(2) and redesignated former pars. (2) and (3) as (3) and
(4), respectively.
1996—Subsec. (b)(2)(B)(ii). Pub. L. 104–188, § 1703(d), in-
serted ‘‘, determined by substituting ‘calendar year
1989’ for ‘calendar year 1992’ in subparagraph (B) there-
of’’ before period at end.
Subsec. (c)(4)(A). Pub. L. 104–188, § 1807(c)(2), inserted
‘‘137,’’ before ‘‘911’’.
Subsec. (d)(1)(D). Pub. L. 104–188, § 1806(b)(1), added
subpar. (D).
1990—Subsec. (b)(2)(B). Pub. L. 101–508, § 11702(h)(1),
substituted ‘‘the $40,000 and $60,000 amounts’’ for ‘‘each
dollar amount’’ in introductory provisions.
Subsec. (b)(2)(B)(ii). Pub. L. 101–508, § 11101(d)(1)(E),
struck out before period at end ‘‘, determined by sub-
stituting ‘calendar year 1989’ for ‘calendar year 1987’ in
subparagraph (B) thereof’’.
Subsec. (b)(2)(C). Pub. L. 101–508, § 11702(h)(2), struck
out ‘‘(A) or’’ after ‘‘subparagraph’’.
1989—Subsec. (d)(1). Pub. L. 101–239 substituted ‘‘sub-
section (a) with respect to’’ for ‘‘subsection (a) respect
to’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–2 applicable to taxable
years beginning after Dec. 31, 2019, see section 9042(c) of
Pub. L. 117–2, set out as a note under section 74 of this
title.
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–260 applicable to taxable
years beginning after Dec. 31, 2020, see section 104(c) of
div. EE of Pub. L. 116–260, set out as a note under sec-
tion 25A of this title.
EFFECTIVE DATE OF 2017 AMENDMENT
Amendment by section 11002(d)(1)(M) of Pub. L. 115–97
applicable to taxable years beginning after Dec. 31,
2017, see section 11002(e) of Pub. L. 115–97, set out as a
note under section 1 of this title.
Amendment by section 13305(b)(1) of Pub. L. 115–97 ap-
plicable to taxable years beginning after Dec. 31, 2017,
except as provided by transition rule, see section
13305(c) of Pub. L. 115–97, set out as a note under section
74 of this title.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–357 applicable to taxable
years beginning after Dec. 31, 2004, see section 102(e) of
Pub. L. 108–357, set out as a note under section 56 of
this title.
EFFECTIVE DATE OF 2001 AMENDMENT
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(g)(2)(B) 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), (B), (b)(2)(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 431(c)(1) of Pub. L. 107–16 ap-
plicable to payments made in taxable years beginning
after Dec. 31, 2001, see section 431(d) of Pub. L. 107–16,
set out as a note under section 62 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–277 effective as if included
in the provision of the Taxpayer Relief Act of 1997, Pub.
L. 105–34, to which such amendment relates, see section
4003(l) of Pub. L. 105–277, set out as a note under section
86 of this title.
Amendment by 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 AMENDMENT
Amendment by section 201(d) of Pub. L. 105–34 appli-
cable to expenses paid after Dec. 31, 1997 (in taxable
years ending after such date), for education furnished
in academic periods beginning after such date, see sec-
Page 615
TITLE 26—INTERNAL REVENUE CODE
§ 136
tion 201(f) of Pub. L. 105–34, set out as an Effective Date
note under section 25A of this title.
Amendment by section 211(c) of Pub. L. 105–34 appli-
cable to taxable years beginning after Dec. 31, 1997, see
section 211(f) of Pub. L. 105–34, set out as a note under
section 529 of this title.
Amendment by section 213(e)(2) of Pub. L. 105–34 ap-
plicable 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.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 1703(d) of Pub. L. 104–188 effec-
tive as if included in the provision of the Revenue Rec-
onciliation Act of 1993, Pub. L. 103–66, §§ 13001–13444, to
which such amendment relates, see section 1703(o) of
Pub. L. 104–188, set out as a note under section 39 of
this title.
Amendment by section 1806(b)(1) of Pub. L. 104–188 ap-
plicable to taxable years ending after Aug. 20, 1996,
with transition rules applicable where States or agen-
cies or instrumentalities thereof maintain on such date
programs under which persons may purchase tuition
credits or certificates on behalf of, or make contribu-
tions for education expenses of, designated bene-
ficiaries, see section 1806(c) of Pub. L. 104–188, set out
as an Effective Date note under section 529 of this title.
Amendment by section 1807(c)(2) of Pub. L. 104–188 ap-
plicable to taxable years beginning after Dec. 31, 1996,
see section 1807(e) of Pub. L. 104–188, set out as an Ef-
fective Date note under section 23 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 11101(d)(1)(E) 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 11702(h) of Pub. L. 101–508 ef-
fective as if included in the provision of the Technical
and Miscellaneous Revenue Act of 1988, Pub. L. 100–647,
to which such amendment relates, see section 11702(j) of
Pub. L. 101–508, set out as a note under section 59 of
this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101–239 effective, except as
otherwise provided, as if included in the provision of
the Technical and Miscellaneous Revenue Act of 1988,
Pub. L. 100–647, to which such amendment relates, see
section 7817 of Pub. L. 101–239, set out as a note under
section 1 of this title.
EFFECTIVE DATE
Section applicable to taxable years beginning after
Dec. 31, 1989, see section 6009(d) of Pub. L. 100–647, set
out as an Effective Date of 1988 Amendment note under
section 86 of this title.
PROMOTION OF PUBLIC AWARENESS OF PROGRAM
Pub. L. 100–647, title VI, § 6009(b), Nov. 10, 1988, 102
Stat. 3690, provided that: ‘‘The Secretary of the Treas-
ury or his delegate shall take such actions as may be
necessary to make the general public aware of the pro-
gram established by this section [enacting this section,
amending sections 86, 219, and 469 of this title, renum-
bering former section 135 of this title as section 136 of
this title, and enacting provisions set out as notes
below and under section 86 of this title].’’
PARENTAL ASSISTANCE WITH TUITION STAMP STUDY
Pub. L. 100–647, title VI, § 6009(e), Nov. 10, 1988, 102
Stat. 3690, directed Secretary of the Treasury or his
delegate, after consultation with Secretary of Edu-
cation or his delegate, to conduct a study of feasibility
of using stamps or similar programs to encourage and
facilitate savings by parents towards purchase of Series
EE bonds eligible for exclusion and to submit, not later
than Dec. 31, 1989, results of such study, together with
any recommendations deemed appropriate, to Com-
mittee on Ways and Means of House of Representatives
and Committee on Finance of Senate.
§ 136. Energy conservation subsidies provided by
public utilities
(a) Exclusion
Gross income shall not include the value of
any subsidy provided (directly or indirectly) by
a public utility to a customer for the purchase
or installation of any energy conservation meas-
ure.
(b) Denial of double benefit
Notwithstanding any other provision of this
subtitle, no deduction or credit shall be allowed
for, or by reason of, any expenditure to the ex-
tent of the amount excluded under subsection
(a) for any subsidy which was provided with re-
spect to such expenditure. The adjusted basis of
any property shall be reduced by the amount ex-
cluded under subsection (a) which was provided
with respect to such property.
(c) Energy conservation measure
(1) In general
For purposes of this section, the term ‘‘en-
ergy conservation measure’’ means any instal-
lation or modification primarily designed to
reduce consumption of electricity or natural
gas or to improve the management of energy
demand with respect to a dwelling unit.
(2) Other definitions
For purposes of this subsection—
(A) Dwelling unit
The term ‘‘dwelling unit’’ has the meaning
given such term by section 280A(f)(1).
(B) Public utility
The term ‘‘public utility’’ means a person
engaged in the sale of electricity or natural
gas to residential, commercial, or industrial
customers for use by such customers. For
purposes of the preceding sentence, the term
‘‘person’’ includes the Federal Government,
a State or local government or any political
subdivision thereof, or any instrumentality
of any of the foregoing.
(d) Exception
This section shall not apply to any payment to
or from a qualified cogeneration facility or
qualifying small power production facility pur-
suant to section 210 of the Public Utility Regu-
latory Policy Act of 1978.
(Added Pub. L. 102–486, title XIX, § 1912(a), Oct.
24, 1992, 106 Stat. 3014; amended Pub. L. 104–188,
title I, § 1617(a), (b), Aug. 20, 1996, 110 Stat. 1858.)
Editorial Notes
REFERENCES IN TEXT
Section 210 of the Public Utility Regulatory Policy
Act of 1978, referred to in subsec. (d), probably means
section 210 of the Public Utility Regulatory Policies
Act of 1978, Pub. L. 95–617, which is classified to section
824a–3 of Title 16, Conservation.
PRIOR PROVISIONS
A prior section 136 was renumbered section 140 of this
title.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** In the case of an individual who pays qualified higher education expenses during the taxable year, no amount shall be includible in gross income by reason of the redemption during such year of any qualified United States savings bond.
**(b) Limitations**
(1) **Limitation where redemption proceeds exceed higher education expenses**
(A) *In general* — If—
(i) the aggregate proceeds of qualified United States savings bonds redeemed by the taxpayer during the taxable year exceed
(ii) the qualified higher education expenses paid by the taxpayer during such taxable year,
the amount excludable from gross income under subsection (a) shall not exceed the applicable fraction of the amount excludable from gross income under subsection (a) without regard to this subsection.
(B) *Applicable fraction* — For purposes of subparagraph (A), the term “applicable fraction” means the fraction the numerator of which is the amount described in subparagraph (A)(ii) and the denominator of which is the amount described in subparagraph (A)(i).
(2) **Limitation based on modified adjusted gross income**
(A) *In general* — If the modified adjusted gross income of the taxpayer for the taxable year exceeds $40,000 ($60,000 in the case of a joint return), the amount which would (but for this paragraph) be excludable from gross income under subsection (a) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so excludable as such excess bears to $15,000 ($30,000 in the case of a joint return).
(B) *Inflation adjustment* — In the case of any taxable year beginning in a calendar year after 1990, the $40,000 and $60,000 amounts contained in subparagraph (A) shall be increased by an amount equal to—
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 135
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.