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SUBTITLE A. INCOME TAXES


CHAPTER 1. NORMAL TAXES AND SURTAX


SUBCHAPTER B. COMPUTATION OF TAXABLE INCOME


PART VII. ADDITIONAL ITEMIZED DEDUCTIONS FOR INDIVIDUALS


§ 221. Interest on education loans


 

 


(a) Allowance of deduction. In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan.


(b) and (c) (omitted)


(d) Definitions. For purposes of this section—

(1) Qualified education loan. The term "qualified education loan" means any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses

(A) which are incurred on behalf of the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer as of the time the indebtedness was incurred,

(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and

(C) which are attributable to education furnished during a period during which the recipient was an eligible student.

Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term “qualified education loan” shall not include any indebtedness owed to a person who is related (within the meaning of section 267 (b) or 707 (b)(1)) to the taxpayer or to any person by reason of a loan under any qualified employer plan (as defined in section 72 (p)(4)) or under any contract referred to in section 72 (p)(5).

(2) Qualified higher education expenses. The term "qualified higher education expenses" means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution, reduced by the sum of—

(A) the amount excluded from gross income under section 127, 135, 529, or 530 by reason of such expenses, and

(B) the amount of any scholarship, allowance, or payment described in section 25A(g)(2).

For purposes of the preceding sentence, the term "eligible educational institution" has the same meaning given such term by section 25A(f)(2), except that such term shall also include an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training.

(3) Eligible student. The term "eligible student" has the meaning given such term by section 25A(b)(3).

(4) Dependent. The term "dependent" has the meaning given such term by section 152 (determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof).


(e) and (f) (omitted)


(Added Pub. L. 105–34, title II, § 202(a), Aug. 5, 1997, 111 Stat. 806; amended Pub. L. 105–206, title VI, § 6004(b), July 22, 1998, 112 Stat. 792; Pub. L. 105–277, div. J, title IV, § 4003(a)(2)(A), (3), Oct. 21, 1998, 112 Stat. 2681–908; amended Pub. L. 107–16, title IV, §§ 402(b)(2)(B), 412 (a)(1), (b)(1), (2), 431 (c)(2), June 7, 2001, 115 Stat. 62–64, 68; Pub. L. 108-311, Title II, § 207(20), Title IV, § 408(b)(5), Oct. 4, 2004, 118 Stat. 1178, 1192; Pub. L. 108-357, Title I, § 102(d)(2), Oct. 22, 2004, 118 Stat. 1428; Pub. L. 109-135, Title IV, Subtitle A, § 412(t), Dec. 21, 2005, 119 Stat. 2638.)

 

 

 

 

 

 

 

 

 

 

 

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