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26 U.S.C. § 36C — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
Page 168
TITLE 26—INTERNAL REVENUE CODE
[§ 36C
apply to notices with respect to years beginning after
December 31, 2016.
‘‘(ii) TRANSITION RELIEF.—For purposes of section
6652(o) of the Internal Revenue Code of 1986 (as added
by this Act), a person shall not be treated as failing
to provide a written notice as required by section
9831(d)(4) of such Code if such notice is so provided
not later than 90 days after the date of the enactment
of this Act [Dec. 13, 2016].
‘‘(E) W–2 REPORTING.—The amendments made by para-
graph (6)(A) [amending section 6051 of this title] shall
apply to calendar years beginning after December 31,
2016.
‘‘(F) INFORMATION PROVIDED BY EXCHANGE SUBSIDY AP-
PLICANTS.—
‘‘(i) IN GENERAL.—The amendments made by para-
graph (6)(B) [amending section 18081 of Title 42] shall
apply to applications for enrollment made after De-
cember 31, 2016.
‘‘(ii) VERIFICATION.—Verification under section 1411
of the Patient Protection and Affordable Care Act [42
U.S.C. 18081] of information provided under section
1411(b)(3)(B) of such Act shall apply with respect to
months beginning after October 2016.
‘‘(iii) TRANSITIONAL RELIEF.—In the case of an appli-
cation for enrollment under section 1411(b) of the Pa-
tient Protection and Affordable Care Act [42 U.S.C.
18081(b)] made before April 1, 2017, the requirement of
section 1411(b)(3)(B) of such Act shall be treated as
met if the information described therein is provided
not later than 30 days after the date on which the ap-
plicant receives the notice described in section
9831(d)(4) of the Internal Revenue Code of 1986.’’
EFFECTIVE DATE OF 2011 AMENDMENT
Pub. L. 112–56, title IV, § 401(b), Nov. 21, 2011, 125 Stat.
734, provided that: ‘‘The amendments made by this sec-
tion [amending this secti
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Page 168
TITLE 26—INTERNAL REVENUE CODE
[§ 36C
apply to notices with respect to years beginning after
December 31, 2016.
‘‘(ii) TRANSITION RELIEF.—For purposes of section
6652(o) of the Internal Revenue Code of 1986 (as added
by this Act), a person shall not be treated as failing
to provide a written notice as required by section
9831(d)(4) of such Code if such notice is so provided
not later than 90 days after the date of the enactment
of this Act [Dec. 13, 2016].
‘‘(E) W–2 REPORTING.—The amendments made by para-
graph (6)(A) [amending section 6051 of this title] shall
apply to calendar years beginning after December 31,
2016.
‘‘(F) INFORMATION PROVIDED BY EXCHANGE SUBSIDY AP-
PLICANTS.—
‘‘(i) IN GENERAL.—The amendments made by para-
graph (6)(B) [amending section 18081 of Title 42] shall
apply to applications for enrollment made after De-
cember 31, 2016.
‘‘(ii) VERIFICATION.—Verification under section 1411
of the Patient Protection and Affordable Care Act [42
U.S.C. 18081] of information provided under section
1411(b)(3)(B) of such Act shall apply with respect to
months beginning after October 2016.
‘‘(iii) TRANSITIONAL RELIEF.—In the case of an appli-
cation for enrollment under section 1411(b) of the Pa-
tient Protection and Affordable Care Act [42 U.S.C.
18081(b)] made before April 1, 2017, the requirement of
section 1411(b)(3)(B) of such Act shall be treated as
met if the information described therein is provided
not later than 30 days after the date on which the ap-
plicant receives the notice described in section
9831(d)(4) of the Internal Revenue Code of 1986.’’
EFFECTIVE DATE OF 2011 AMENDMENT
Pub. L. 112–56, title IV, § 401(b), Nov. 21, 2011, 125 Stat.
734, provided that: ‘‘The amendments made by this sec-
tion [amending this section] shall take effect on the
date of the enactment of this Act [Nov. 21, 2011].’’
Pub. L. 112–10, div. B, title VIII, § 1858(d), Apr. 15, 2011,
125 Stat. 169, provided that: ‘‘The amendments made by
this section [amending this section, sections 162, 4980H,
and 6056 of this title, and section 218b of Title 29, Labor,
and repealing section 139D of this title and section 18101
of Title 42, The Public Health and Welfare] shall take
effect as if included in the provisions of, and the
amendments made by, the provisions of the Patient
Protection and Affordable Care Act [Pub. L. 111–148] to
which they relate.’’
Pub. L. 112–9, § 4(b), Apr. 14, 2011, 125 Stat. 37, provided
that: ‘‘The amendment made by this section [amending
this section] shall apply to taxable years ending after
December 31, 2013.’’
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–309, title II, § 208(c), Dec. 15, 2010, 124 Stat.
3292, provided that: ‘‘The amendments made by this
section [amending this section] shall apply to taxable
years beginning after December 31, 2013.’’
Pub. L. 111–148, title X, § 10108(h)(2), Mar. 23, 2010, 124
Stat. 914, provided that: ‘‘The amendment made by this
subsection [amending this section] shall apply to tax-
able years beginning after December 31, 2013.’’
EFFECTIVE DATE
Pub. L. 111–148, title I, § 1401(e), Mar. 23, 2010, 124 Stat.
220, provided that: ‘‘The amendments made by this sec-
tion [enacting this section and amending sections 280C
and 6211 of this title and section 1324 of Title 31, Money
and Finance] shall apply to taxable years ending after
December 31, 2013.’’
SUBSTANTIATION REQUIREMENTS
Pub. L. 114–255, div. C, title XVIII, § 18001(a)(8), Dec.
13, 2016, 130 Stat. 1343, provided that: ‘‘The Secretary of
the Treasury (or his designee) may issue substantiation
requirements as necessary to carry out this subsection
[amending this section, sections 106, 4980I, 6051, 6652,
and 9831 of this title, and section 18081 of Title 42, The
Public Health and Welfare, and enacting provisions set
out as a note under this section].’’
NO IMPACT ON SOCIAL SECURITY TRUST FUNDS
Pub. L. 112–56, title IV, § 401(c), Nov. 21, 2011, 125 Stat.
734, provided that:
‘‘(1) ESTIMATE OF SECRETARY.—The Secretary of the
Treasury, or the Secretary’s delegate, shall annually
estimate the impact that the amendments made by
subsection (a) [amending this section] have on the in-
come and balances of the trust funds established under
section 201 of the Social Security Act (42 U.S.C. 401).
‘‘(2) TRANSFER OF FUNDS.—If, under paragraph (1), the
Secretary of the Treasury or the Secretary’s delegate
estimates that such amendments have a negative im-
pact on the income and balances of such trust funds,
the Secretary shall transfer, not less frequently than
quarterly, from the general fund an amount sufficient
so as to ensure that the income and balances of such
trust funds are not reduced as a result of such amend-
ments.’’
[§ 36C. Renumbered § 23]
§ 37. Overpayments of tax
For credit against the tax imposed by this subtitle
for overpayments of tax, see section 6401.
(Aug. 16, 1954, ch. 736, 68A Stat. 16, § 38; renum-
bered § 39, Pub. L. 87–834, § 2(a), Oct. 16, 1962, 76
Stat. 962; renumbered § 40, Pub. L. 89–44, title
VIII, § 809(c), June 21, 1965, 79 Stat. 167; renum-
bered § 42, Pub. L. 92–178, title VI, § 601(a), Dec.
10, 1971, 85 Stat. 553; renumbered § 43, Pub. L.
94–12, title II, § 203(a), Mar. 29, 1975, 89 Stat. 29;
renumbered § 44, Pub. L. 94–12, title II, § 204(a),
Mar. 29, 1975, 89 Stat. 30; renumbered § 45, Pub. L.
94–12, title II, § 208(a), Mar. 29, 1975, 89 Stat. 32;
renumbered § 35, Pub. L. 98–369, div. A, title IV,
§ 471(c), July 18, 1984, 98 Stat. 826; renumbered
§ 36, Pub. L. 107–210, div. A, title II, § 201(a), Aug.
6, 2002, 116 Stat. 954; renumbered § 37, Pub. L.
110–289, div. C, title I, § 3011(a), July 30, 2008, 122
Stat. 2888.)
Editorial Notes
PRIOR PROVISIONS
A prior section 37 was renumbered section 22 of this
title.
SUBPART D—BUSINESS RELATED CREDITS
Sec.
38.
General business credit.
39.
Carryback and carryforward of unused cred-
its.
40.
Alcohol, etc., used as fuel.
40A.
Biodiesel and renewable diesel used as fuel.
40B.
Sustainable aviation fuel credit.
41.
Credit for increasing research activities.
42.
Low-income housing credit.
43.
Enhanced oil recovery credit.
44.
Expenditures to provide access to disabled in-
dividuals.
[44A–H.
Renumbered, Repealed.]
45.
Electricity produced from certain renewable
resources, etc.
45A.
Indian employment credit.
45B.
Credit for portion of employer social security
taxes paid with respect to employee cash
tips.
45C.
Clinical testing expenses for certain drugs for
rare diseases or conditions.
45D.
New markets tax credit.
45E.
Small employer pension plan startup costs.
45F.
Employer-provided child care credit.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of program** The Secretary shall establish a program meeting the requirements of this section for determining—
(1) whether an individual who is to be covered in the individual market by a qualified health plan offered through an Exchange, or who is claiming a premium tax credit or reduced cost-sharing, meets the requirements of sections 18032(f)(3), 18071(e), and 18082(d) of this title and [section 36B(e) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section36B/e&num=0&edition=prelim) that the individual be a citizen or national of the United States or an alien lawfully present in the United States;
(2) in the case of an individual claiming a premium tax credit or reduced cost-sharing under [section 36B of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section36B&num=0&edition=prelim) or [section 18071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18071&num=0&edition=prelim)—
(A) whether the individual meets the income and coverage requirements of such sections; and
(B) the amount of the tax credit or reduced cost-sharing;
(3) whether an individual’s coverage under an employer-sponsored health benefits plan is treated as unaffordable under sections 36B(c)(2)(C) and 5000A(e)(2) of title 26; 11 See References in Text note below. and
(4) whether to grant a certification under [section 18031(d)(4)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18031/d/4/H&num=0&edition=prelim) attesting that, for purposes of the individual responsibility requirement under [section 5000A of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000A&num=0&edition=prelim), a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18081
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Federal law — U.S. Code and appendices · legal_authorities
Page 9130
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 18081
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Pub. L. 117–2, title II, § 2305(b), Mar. 11, 2021, 135 Stat.
40, provided that: ‘‘The amendment made by this sec-
tion [amending this section] shall apply to plan years
beginning after December 31, 2020.’’
PART B—ELIGIBILITY DETERMINATIONS
§ 18081. Procedures for determining eligibility
for Exchange participation, premium tax
credits and reduced cost-sharing, and indi-
vidual responsibility exemptions
(a) Establishment of program
The Secretary shall establish a program meet-
ing the requirements of this section for deter-
mining—
(1) whether an individual who is to be cov-
ered in the individual market by a qualified
health plan offered through an Exchange, or
who is claiming a premium tax credit or re-
duced cost-sharing, meets the requirements of
sections 18032(f)(3), 18071(e), and 18082(d) of this
title and section 36B(e) of title 26 that the in-
dividual be a citizen or national of the United
States or an alien lawfully present in the
United States;
(2) in the case of an individual claiming a
premium tax credit or reduced cost-sharing
under section 36B of title 26 or section 18071 of
this title—
(A) whether the individual meets the in-
come and coverage requirements of such sec-
tions; and
(B) the amount of the tax credit or reduced
cost-sharing;
(3) whether an individual’s coverage under
an employer-sponsored health benefits plan is
treated
as
unaffordable
under
sections
36B(c)(2)(C) and 5000A(e)(2) of title 26; 1 and
(4) whether to grant a certification under
section 18031(d)(4)(H) of this title attesting
that, for purposes of the individual responsi-
bility requireme
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 18081
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 18081. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of—
(1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and
(2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and
(3) the taxes imposed by
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 401
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1800
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 401
§ 401. Trust Funds
(a) Federal Old-Age and Survivors Insurance
Trust Fund
There is hereby created on the books of the
Treasury of the United States a trust fund to be
known as the ‘‘Federal Old-Age and Survivors
Insurance Trust Fund’’. The Federal Old-Age
and Survivors Insurance Trust Fund shall con-
sist of the securities held by the Secretary of
the Treasury for the Old-Age Reserve Account
and the amount standing to the credit of the
Old-Age Reserve Account on the books of the
Treasury on January 1, 1940, which securities
and amount the Secretary of the Treasury is au-
thorized and directed to transfer to the Federal
Old-Age and Survivors Insurance Trust Fund,
and, in addition, such gifts and bequests as may
be made as provided in subsection (i)(1), and
such amounts as may be appropriated to, or de-
posited in, the Federal Old-Age and Survivors
Insurance Trust Fund as hereinafter provided.
There is hereby appropriated to the Federal Old-
Age and Survivors Insurance Trust Fund for the
fiscal year ending June 30, 1941, and for each fis-
cal year thereafter, out of any moneys in the
Treasury not otherwise appropriated, amounts
equivalent to 100 per centum of—
(1) the taxes (including interest, penalties,
and additions to the taxes) received under sub-
chapter A of chapter 9 of the Internal Revenue
Code of 1939 (and covered into the Treasury)
which are deposited into the Treasury by col-
lectors of internal revenue before January 1,
1951; and
(2) the taxes certified each month by the
Commissioner of Internal Revenue as taxes re-
ceived under subchapter A of chapter 9 of such
Code which are deposited into the Treasury by
collectors of internal revenue after December
31, 1950, and before Ja
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
<a id="section-37"></a>
Source: U.S. Code supplied Markdown snapshot · 26 U.S.C. § 36C
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