§35 — Health insurance costs of eligible individuals
96 cases·8 followed·3 distinguished·1 questioned·84 cited—8% support
Statute Text — 26 U.S.C. §35
In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to 72.5 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months beginning in the taxable year.
For purposes of this section—
The term “eligible coverage month” means any month if—
as of the first day of such month, the taxpayer—
is an eligible individual,
is covered by qualified health insurance, the premium for which is paid by the taxpayer,
does not have other specified coverage, and
is not imprisoned under Federal, State, or local authority, and
such month begins more than 90 days after the date of the enactment of the Trade Act of 2002, and before
January 1, 2022
.
In the case of a joint return, the requirements of paragraph (1)(A) shall be treated as met with respect to any month if at least 1 spouse satisfies such requirements.
For purposes of this section—
The term “eligible individual” means—
an eligible TAA recipient,
an eligible alternative TAA recipient, and
an eligible PBGC pension recipient.
Except as provided in subparagraph (B), the term “eligible TAA recipient” means, with respect to any month, any individual who is receiving for any day of such month a trade readjustment allowance under chapter 2 of title II of the Trade Act of 1974 or who would be eligible to receive such allowance if section 231 of such Act were applied without regard to subsection (a)(3)(B) of such section. An individual shall continue to be treated as an eligible TAA recipient during the first month that such individual would otherwise cease to be an eligible TAA recipient by reason of the preceding sentence.
In the case of any eligible coverage month beginning after the date of the enactment of this paragraph, the term “eligible TAA recipient” means, with respect to any month, any individual who—
is receiving for any day of such month a trade readjustment allowance under chapter 2 of title II of the Trade Act of 1974,
would be eligible to receive such allowance except that such individual is in a break in training provided under a training program approved under section 236 of such Act that exceeds the period specified in section 233(e) of such Act, but is within the period for receiving such allowances provided under section 233(a) of such Act, or
is receiving unemployment compensation (as defined in section 85(b)) for any day of such month and who would be eligible to receive such allowance for such month if section 231 of such Act were applied without regard to subsections (a)(3)(B) and (a)(5) thereof.
An individual shall continue to be treated as an eligible TAA recipient during the first month that such individual would otherwise cease to be an eligible TAA recipient by reason of the preceding sentence.
The term “eligible alternative TAA recipient” means, with respect to any month, any individual who—
is a worker described in section 246(a)(3)(B) of the Trade Act of 1974 who is participating in the program established under section 246(a)(1) of such Act, and
is receiving a benefit for such month under section 246(a)(2) of such Act.
An individual shall continue to be treated as an eligible alternative TAA recipient during the first month that such individual would otherwise cease to be an eligible alternative TAA recipient by reason of the preceding sentence.
The term “eligible PBGC pension recipient” means, with respect to any month, any individual who—
has attained age 55 as of the first day of such month, and
is receiving a benefit for such month any portion of which is paid by the Pension Benefit Guaranty Corporation under title IV of the Employee Retirement Income Security Act of 1974.
For purposes of this section—
The term “qualifying family member” means—
the taxpayer’s spouse, and
any dependent of the taxpayer with respect to whom the taxpayer is entitled to a deduction under section 151(c).
Such term does not include any individual who has other specified coverage.
If section 152(e) applies to any child with respect to any calendar year, in the case of any taxable year beginning in such calendar year, such child shall be treated as described in paragraph (1)(B) with respect to the custodial parent (as defined in section 152(e)(4)(A)) and not with respect to the noncustodial parent.
For purposes of this section—
The term “qualified health insurance” means any of the following:
Coverage under a COBRA continuation provision (as defined in section 9832(d)(1)).
State-based continuation coverage provided by the State under a State law that requires such coverage.
Coverage offered through a qualified State high risk pool (as defined in section 2744(c)(2) of the Public Health Service Act).
Coverage under a health insurance program offered for State employees.
Coverage under a State-based health insurance program that is comparable to the health insurance program offered for State employees.
Coverage through an arrangement entered into by a State and—
a group health plan (including such a plan which is a multiemployer plan as defined in section 3(37) of the Employee Retirement Income Security Act of 1974),
an issuer of health insurance coverage,
an administrator, or
an employer.
Coverage offered through a State arrangement with a private sector health care coverage purchasing pool.
Coverage under a State-operated health plan that does not receive any Federal financial participation.
Coverage under a group health plan that is available through the employment of the eligible individual’s spouse.
In the case of any eligible individual and such individual’s qualifying family members, coverage under individual health insurance (other than coverage enrolled in through an Exchange established under the Patient Protection and Affordable Care Act). For purposes of this subparagraph, the term “individual health insurance” means any insurance which constitutes medical care offered to individuals other than in connection with a group health plan and does not include Federal- or State-based health insurance coverage.
Coverage under an employee benefit plan funded by a voluntary employees’ beneficiary association (as defined in section 501(c)(9)) established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative, as provided in
section 1114 of title 11
, United States Code.
The term “qualified health insurance” does not include any coverage described in subparagraphs (B) through (H) of paragraph (1) unless the State involved has elected to have such coverage treated as qualified health insurance under this section and such coverage meets the following requirements:
Each qualifying individual is guaranteed enrollment if the individual pays the premium for enrollment or provides a qualified health insurance costs credit eligibility certificate described in section 7527 and pays the remainder of such premium.
No pre-existing condition limitations are imposed with respect to any qualifying individual.
The total premium (as determined without regard to any subsidies) with respect to a qualifying individual may not be greater than the total premium (as so determined) for a similarly situated individual who is not a qualifying individual.
Benefits under the coverage are the same as (or substantially similar to) the benefits provided to similarly situated individuals who are not qualifying individuals.
For purposes of this paragraph, the term “qualifying individual” means—
an eligible individual for whom, as of the date on which the individual seeks to enroll in the coverage described in subparagraphs (B) through (H) of paragraph (1), the aggregate of the periods of creditable coverage (as defined in section 9801(c)) is 3 months or longer and who, with respect to any month, meets the requirements of clauses (iii) and (iv) of subsection (b)(1)(A); and
the qualifying family members of such eligible individual.
The term “qualified health insurance” shall not include—
a flexible spending or similar arrangement, and
any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c).
For purposes of this section, an individual has other specified coverage for any month if, as of the first day of such month—
Such individual is covered under any insurance which constitutes medical care (except insurance substantially all of the coverage of which is of excepted benefits described in section 9832(c)) under any health plan maintained by any employer (or former employer) of the taxpayer or the taxpayer’s spouse and at least 50 percent of the cost of such coverage (determined under section 4980B) is paid or incurred by the employer.
In the case of an eligible alternative TAA recipient, such individual is either—
eligible for coverage under any qualified health insurance (other than insurance described in subparagraph (A), (B), or (F) of subsection (e)(1)) under which at least 50 percent of the cost of coverage (determined under section 4980B(f)(4)) is paid or incurred by an employer (or former employer) of the taxpayer or the taxpayer’s spouse, or
covered under any such qualified health insurance under which any portion of the cost of coverage (as so determined) is paid or incurred by an employer (or former employer) of the taxpayer or the taxpayer’s spouse.
For purposes of subparagraphs (A) and (B), the cost of coverage shall be treated as paid or incurred by an employer to the extent the coverage is in lieu of a right to receive cash or other qualified benefits under a cafeteria plan (as defined in section 125(d)).
Such individual—
is entitled to benefits under part A of title XVIII of the Social Security Act or is enrolled under part B of such title, or
is enrolled in the program under title XIX or XXI of such Act (other than under section 1928 of such Act).
Such individual—
is enrolled in a health benefits plan under chapter 89 of title 5, United States Code, or
is entitled to receive benefits under chapter 55 of title 10, United States Code.
With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7527 for months beginning in such taxable year.
Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162(l) or 213.
Amounts distributed from an Archer MSA (as defined in section 220(d)) or from a health savings account (as defined in section 223(d)) shall not be taken into account under subsection (a).
No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins.
The spouse of the taxpayer shall not be treated as a qualifying family member for purposes of subsection (a), if—
the taxpayer is married at the close of the taxable year,
the taxpayer and the taxpayer’s spouse are both eligible individuals during the taxable year, and
the taxpayer files a separate return for the taxable year.
Rules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes of this section.
For purposes of this section, rules similar to the rules of section 213(d)(6) shall apply with respect to any contract for qualified health insurance under which amounts are payable for coverage of an individual other than the taxpayer and qualifying family members.
For purposes of this section—
Payments made by the Secretary on behalf of any individual under section 7527 (relating to advance payment of credit for health insurance costs of eligible individuals) shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made.
Payments made by the taxpayer for eligible coverage months shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made.
In the case of an assistance eligible individual who receives premium assistance for continuation coverage under section 9501(a)(1) of the American Rescue Plan Act of 2021 for any month during the taxable year, such individual shall not be treated as an eligible individual, a certified individual, or a qualifying family member for purposes of this section or section 7527 with respect to such month.
In the case of any month which would be an eligible coverage month with respect to an eligible individual but for subsection (f)(2)(A), such month shall be treated as an eligible coverage month with respect to such eligible individual solely for purposes of determining the amount of the credit under this section with respect to any qualifying family members of such individual (and any advance payment of such credit under section 7527). This subparagraph shall only apply with respect to the first 24 months after such eligible individual is first entitled to the benefits described in subsection (f)(2)(A).
In the case of the finalization of a divorce between an eligible individual and such individual’s spouse, such spouse shall be treated as an eligible individual for purposes of this section and section 7527 for a period of 24 months beginning with the date of such finalization, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were qualifying family members immediately before such finalization.
In the case of the death of an eligible individual—
any spouse of such individual (determined at the time of such death) shall be treated as an eligible individual for purposes of this section and section 7527 for a period of 24 months beginning with the date of such death, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were qualifying family members immediately before such death, and
any individual who was a qualifying family member of the decedent immediately before such death (or, in the case of an individual to whom paragraph (4) applies, the taxpayer to whom the deduction under section 151 is allowable) shall be treated as an eligible individual for purposes of this section and section 7527 for a period of 24 months beginning with the date of such death, except that in determining the amount of such credit only such qualifying family member may be taken into account.
This section shall not apply to any taxpayer for any eligible coverage month unless such taxpayer elects the application of this section for such month.
Except as the Secretary may provide—
an election to have this section apply for any eligible coverage month in a taxable year shall be made not later than the due date (including extensions) for the return of tax for the taxable year; and
any election for this section to apply for an eligible coverage month shall apply for all subsequent eligible coverage months in the taxable year and, once made, shall be irrevocable with respect to such months.
An eligible coverage month to which the election under paragraph (11) applies shall not be treated as a coverage month (as defined in section 36B(c)(2)) for purposes of section 36B with respect to the taxpayer.
In the case of a taxpayer who makes the election under paragraph (11) with respect to any eligible coverage month in a taxable year or on behalf of whom any advance payment is made under section 7527 with respect to any month in such taxable year—
the tax imposed by this chapter for the taxable year shall be increased by the excess, if any, of—
the sum of any advance payments made on behalf of the taxpayer under section 1412 of the Patient Protection and Affordable Care Act and section 7527 for months during such taxable year, over
the sum of the credits allowed under this section (determined without regard to paragraph (1)) and section 36B (determined without regard to subsection (f)(1) thereof) for such taxable year; and
section 36B(f)(2) shall not apply with respect to such taxpayer for such taxable year, except that if such taxpayer received any advance payments under section 7527 for any month in such taxable year and is later allowed a credit under section 36B for such taxable year, then the amount determined under clause (i) shall be substituted for the amount determined under section 36B(f)(2).
The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, section 6050T, and section 7527.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.35-1 Partially tax-exempt interest received by individuals
- Treas. Reg. §Treas. Reg. §1.35-1(a) The credit against tax under section 35 shall be allowed only to individuals and if the requirements of both paragraphs (1) and (2) of section 35(a) are met.
- Treas. Reg. §Treas. Reg. §1.35-1(b) For the treatment of partially tax-exempt interest in the case of amounts not allocable to any beneficiary of an estate or trust, see section 642(a)(1), and for treatment of amounts allocable to a beneficiary, see sections 652 and 662.
- Treas. Reg. §Treas. Reg. §1.35-1(c) §1.35-1(c)
- Treas. Reg. §Treas. Reg. §1.35-2 Taxpayers not entitled to credit
96 Citing Cases
358(a)(1), (d>; .see aho sec. 357(c)(3). Section 351(a) does not apply to the extent that the transferee's stock received in the exchange is NQPS.
We need not decide whether the burden of proof shifts to respondent under section 7491(a) because we decide this case on the basis of the preponderance of the evidence .
Under Alabama law where property that is held in multiple estates is taken by eminent domain, each estate owner has a corresponding right to share in the condemnation award and the award is apportioned among the estate holders in accordance with their respective ownership interests.
35-50-110, (repl. vol. 1984), which gave her executors broad powers, including the power to obtain loans. Decedent's will does not mention the stock restriction agreements, nor does it mention section 6166. On January 15 and September 28, 1988, decedent made gifts of a total of 151,036 shares of class B stock and 1,080 shares of class E Stock,
On line 73 of that return, petitioners claimed a health coverage tax credit (HCTC) under section 35 of $14,860, as calculated on Form 8885, Health Coverage Tax Credit, attached to the return.
ch as render the purpose of this Deed impossible to accomplish, this Conservation Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction pursuant to Code of Alabama § 35-18-3(b). The amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property contemporaneously with, or subsequent to, suc
ch as render the purpose of this Deed impossible to accomplish, this Conservation Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction pursuant to Code of Alabama § 35-18-3(b). The amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property contemporaneously with, or subsequent to, suc
ch as render the purpose of this Deed impossible to accomplish, this Conservation Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction pursuant to Code of Alabama § 35-18-3(b). The amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property contemporaneously with, or subsequent to, suc
ch as render the purpose of this Deed impossible to accomplish, this Conservation Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction pursuant to Code of Alabama § 35-18-3(b). The amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property contemporaneously with, or subsequent to, suc
Code § 35-43-4-2(a) (2017) provides that “[a] person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft.” Although a criminal conviction is not a necessary element of a taxpayer’s proof that he sustained a theft loss, Monteleon
35- 18-1(1) (1997). A conservation easement is thus a property right that entitles its holder to compensation in the event the property is taken by condemnation or otherwise. See Portersville Bay Oyster Co. v. Blankenship, 275 So. 3d 124, 134 (Ala. 2018); see also Ala. Code sec. 35-18-2(e) (1997) (“A conservation easement may be condemned * *
1 (1936)), and deductions from gross income are a matter oflegislative grace, see M (citing INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992)). The denial ofdeductions for costs incurred in selling cannabis, like the denial ofdeductions for costs incurred in bribing Government officials, directly serves the revenue-raising function
opriate, Grantor and Grantee are free to jointly amend this Deed; provided that no amendment shall be allowed that will affect the qualification ofthis Conservation Easement or the status ofGrantee under any applicable laws, including Code ofAlabama § 35-18-1, et seq. or Section 170(h) ofthe Internal Revenue Code of 1954, as amended, and any amendment shall be consistent with the purpose ofthis Deed, and shall not affect its perpetual duration. Any such amendment shall be recorded in the officia
Your representative quoted IRM Section 35.8.2.5 as support for your claim.
35a.9999-5(b), Q&A-9, Temporary Income Tax Regs., 49 Fed. Reg. 33242 (Aug. 22, 1984). For interest payments made after December 31, 2000, this statement has the added requirement that it must be provided every three years during the period in which the beneficial owner owns the obligation. See secs. 871(h)(5), 881(c)(2)(B); sec. 1.871-14(e)(4)
35The record is inconclusive as to when exactly RTC or the partnerships started depreciating the wells and header pipe for all the landfills listed in this paragraph. Lack ofevidence on this issue may be indicative ofthe fact that RTC or the partnerships themselves did not treat the projects as completed for depreciation purposes as ofJune 30,
Under section 35 ofthe adoption agreement, the pre-retirement death benefit was calculated to be "[t]he qualified preretirement survivor annuity plus the excess, ifany, ofthe present value ofthe participant's accrued benefit minus the present value ofthe qualified preretirement survivor annuity." Section 6.3.11(c) ofthe plan provided: Ifthe benefit ofa P
35The record is inconclusive as to when exactly RTC or the partnerships started depreciating the wells and header pipe for all the landfills listed in this paragraph. Lack ofevidence on this issue may be indicative ofthe fact that RTC or the partnerships themselves did not treat the projects as completed for depreciation purposes as ofJune 30,
35The record is inconclusive as to when exactly RTC or the partnerships started depreciating the wells and header pipe for all the landfills listed in this paragraph. Lack ofevidence on this issue may be indicative ofthe fact that RTC or the partnerships themselves did not treat the projects as completed for depreciation purposes as ofJune 30,
35a.9999-5(b), Q&A-9, Temporary Income Tax Regs., 49 Fed. Reg. 33242 (Aug. 22, 1984). For interest payments made after December 31, 2000, this statement has the added requirement that it must be provided every three years during the period in which the beneficial owner owns the obligation. See secs. 871(h)(5), 881(c)(2)(B); sec. 1.871-14(e)(4)
income the amount listed as employee contributions or insurance premiums on Form 1099-R issued by the county. 'A taxpayer may elect not to have Federal income taxes withheld from an annuity payment made to him or her. See sec. 3405(a) (2); see also sec. 35.3405-1T(d), Q&A-D1, Temporary Employment Tax Regs., 47 Fed. Reg. 45873 (Oct. 14, 1982). -12- 733, 739-740 (1949); Lucas v. Earl, 281 U.S. 111 (1930). Petitioner, as the person who received payments under the annuities, is liable for any taxes
estimated tax, [and] without rega d to the credit under section 35 * * *; (2) The term "rebate" means so much òf an abatement, credit, refund, or other repayment, as was made on the ground that the tax imposed by this chapter was less than the xcess of the amount specified in subsection (a) (1) byer the amount of rebates previously made * * *.
section 35.0(b) (1994) to establish the tax liability of the estate pursuant to 11 U .S .C . section 505 (1994) . The .reopening of a bankruptcy case does not automat' cally continue or reactivate the automatic stay . Mass .IDept . of Revenue v . Crocker , 362 Bankr . 49, 56 (B .A .P . 1s Cir . 2007) ; Allison v . Commissioner, 97 T .C . 544, 546 (
— For the purposes of this section— (1) The tax imposed by this chapter and the tax shown on the return shall both be determined without regard to payments on account of estimated tax, [and] without regard to the credit under section 35 * * *; (2) The term “rebate” means so much of an abatement, credit, refund, or other repayment, as was made on the ground that the tax imposed by this chapter was less than the excess of the amount specified in subsection (a)(1) over the amount of rebates previou
Without a clear congressional mandate, we shall not treat gift tax liability of the surviving spouse, for purposes of section 35 - 2035(b), any differently than,any other .
The resolution made no reference to any assumption or contribution of liabilities being part of the section 35 1 transaction .
Social Security. He argues that the weekly payments could only have been justified under Tennessee law if the Circuit Court judge found them to be needed for support and maintenance of a financially struggling spouse. 1 Tenn. Jur. Divorce & Alimony § 35 (2003). He then asks us to infer that when this temporary obligation was continued in the final decree it reflected an implicit finding by the Circuit Court that his ex-wife would continue to be economically disadvantaged. He implies that we shou
the master file and normally consists of a first page of a Form 1040, U.S. Individual Income Tax Return, which contains a taxpayer's name, address, and Social Security number. Internal Revenue Manual, Chief Counsel Directives Manual-Tax Litigation, sec. 35.4.27.2 (Nov. 16, 1999); see Spurlock v. Commissioner, T.C. Memo. 2003-124 n.18. 2 Sec. 6020(b) provides: SEC. 6020(b). Execution of Return by Secretary.-- (1) Authority of Secretary to execute return.--If any person fails to make any return re
cacy of that procedure. We see no reason to modify that procedure because here respondent proposes to develop a test case. Respondent’s correspondence contemplates that the instant case will involve a "designated issue" under Internal Revenue Manual sec. 35.3.14., "Designation for Litigation Procedures." That section provides: In order to resolve recurring significant issues, establish judicial precedent, conserve resources, or reduce litigation costs for the Service and taxpayers, it is appropr
stipulated decision.3 On February 2, 1999, respondent sent petitioner a Notice of 2 Master file assessments are assessments posted to the master file computer in Martinsburg, W. Va. Assessment in Appealed Cases, Internal Revenue Manual (IRM) (RIA), sec. 35.13.10.3 (2002). 3 Nonmaster file assessments are processed manually through the service centers. Reference Guide: Examining Process, IRM, sec. 104.3.1-1 (2002). The taxpayer’s tax account record includes both master and nonmaster file assessm
35-4-90(a) (1991), generally provides that the conveyance of land is void as to the grantee unless the deed transferring the land is recorded.
35-4-90(a) (1991), generally provides that the conveyance of land is void as to the grantee unless the deed transferring the land is recorded. Here, the deeds conveying the land to the partnership were not recorded until Aug. 30, 1991. Neither party has raised, and we do not reach, the issue of whether petitioner’s gifts were not completed unt
35 (West 1993) provides: §35. Transact "Transact" as applied to insurance includes any of the following: (a) Solicitation. (continued...) - 78 - (McKinney 1985).37 During 1984, petitioner provided its shippers 36(...continued) (b) Negotiations preliminary to execution. (c) Execution of a contract of insurance. (d) Transaction of matters subse
However, it was modified in 1939 7 Our analysis of Florida statutory dower refers to the 1964 version, which was contemporaneous with Rev. Rul. 64-101, 1964-1 C.B.(Part 1) 77, modified by Rev. Rul. 71-167, 1971-1 C.B. 163. The Florida legislature modified statutory dower from time to time throughout the entire period that it was in force.