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.
Legal Sources
US Code (Official) — 26 USC §139A → Cornell Law Institute — 26 USC §139A → Search IRS.gov for IRC §139A → Treasury Regulations (26 CFR) →Discovered by: discovery_engine_v1
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