Loopholes > Federal > Prescription Drug Plan Subsidy Exclusion
DEDUCTION NICHE SAVINGS EMPLOYER

Prescription Drug Plan Subsidy Exclusion

IRC §139A

Excludes special subsidy payments received under section 1860D-22 of the Social Security Act from gross income.

Eligibility

Employers receiving federal subsidies for providing retiree prescription drug coverage.

Frequently Asked Questions

Who is eligible for the Prescription Drug Plan Subsidy Exclusion?

Employers receiving federal subsidies for providing retiree prescription drug coverage.

How does the Prescription Drug Plan Subsidy Exclusion work?

Excludes special subsidy payments received under section 1860D-22 of the Social Security Act from gross income.

What law authorizes the Prescription Drug Plan Subsidy Exclusion?

The Prescription Drug Plan Subsidy Exclusion is authorized under IRC §139A of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §139A

Source: Internal Revenue Code, Title 26, United States Code

§ 139A. Federal subsidies for prescription drug plans Gross income shall not include any special subsidy payment received under section 1860D–22 of the Social Security Act. (Added Pub. L. 108–173, title XII, § 1202(a), Dec. 8, 2003, 117 Stat. 2480; amended Pub. L. 111–148, title IX, § 9012(a), Mar. 23, 2010, 124 Stat. 868.) Editorial Notes References in TextSection 1860D–22 of the Social Security Act, referred to in text, is classified to section 1395w–132 of Title 42, The Public Health and Welfare. Amendments2010—Pub. L. 111–148 struck out second sentence which read as follows: “This section shall not be taken into account for purposes of determining whether any deduction is allowable with respect to any cost taken into account in determining such payment.” Statutory Notes and Related Subsidiaries Effective Date of 2010 AmendmentPub. L. 111–148, title IX, § 9012(b), Mar. 23, 2010, 124 Stat. 868, as amended by Pub. L. 111–152, title I, § 1407, Mar. 30, 2010, 124 Stat. 1067, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2012.” Effective DateSection applicable to taxable years ending after Dec. 8, 2003, see section 1202(d) of Pub. L. 108–173, set out as an Effective Date of 2003 Amendment note under section 56 of this title.