The date of the enactment of this section, referred to in subsec. (d)(4)(B)(iv), is the date of enactment of Pub. L. 105–34, which enacted this section and was approved Aug. 5, 1997.

2005—Subsec. (b)(2)(A)(ii). Pub. L. 109–135, § 412(ff)(2), substituted “paragraph (3)” for “paragraph (4)”.

Subsec. (b)(3) to (5). Pub. L. 109–135, § 412(ff)(1), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: “The term ‘eligible educational institution’ has the meaning given such term by section 529 (e)(5).”

2004—Subsec. (d)(2)(C)(i). Pub. L. 108–311, § 404(a), struck out “higher” after “qualified” in introductory provisions.

Subsec. (d)(4)(B)(iii). Pub. L. 108–311, § 406(b), substituted “designated beneficiary” for “account holder”.

2003—Subsec. (d)(4)(B)(iv), (v). Pub. L. 108–121 added cl. (iv) and redesignated former cl. (iv) as (v).

2002—Subsec. (d)(4)(B)(iv). Pub. L. 107–147 substituted “by application of paragraph (2)(C)(i)(II)” for “because the taxpayer elected under paragraph (2)(C) to waive the application of paragraph (2)”.

2001—Pub. L. 107–22, § 1(a)(5), amended section catchline generally, substituting “Coverdell education savings” for “Education individual retirement”.

Subsec. (a). Pub. L. 107–22, § 1(a)(2), substituted “A Coverdell education savings account” for “An education individual retirement account” and “the Coverdell education savings account” for “the education individual retirement account”.

Subsec. (b)(1). Pub. L. 107–22, § 1(a)(1), (3), in heading, substituted “Coverdell education savings account” for “Education individual retirement account” and, in introductory provisions, substituted “ ‘Coverdell education savings account’ ” for “ ‘education individual retirement account’ ” and “designated as a Coverdell education savings account” for “designated as an education individual retirement account”.

Pub. L. 107–16, §§ 401(d), 901, temporarily inserted concluding provisions. See Effective and Termination Dates of 2001 Amendment note below.

Pub. L. 107–16, §§ 401(c)(3)(A), 901, temporarily struck out “higher” before “education expenses” in introductory provisions. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (b)(1)(A)(iii). Pub. L. 107–16, §§ 401(a)(1), 901, temporarily substituted “$2,000” for “$500”. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (b)(2). Pub. L. 107–16, §§ 401(c)(1), 901, temporarily amended heading and text of par. (2) generally, substituting present provisions for provisions which defined “qualified higher education expenses” as having the meaning given such term by section 529 (e)(3), reduced as provided in section 25A (g)(2), and including amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an account, under a qualified State tuition program for the benefit of the beneficiary of the account. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (b)(2)(B). Pub. L. 107–16, § 402(a)(4)(A), (C), in heading, substituted “Qualified tuition” for “Qualified State tuition” and in text, substituted “qualified tuition” for “qualified State tuition”.

Subsec. (b)(4). Pub. L. 107–16, §§ 401(c)(2), 901, temporarily added par. (4). See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (b)(5). Pub. L. 107–16, §§ 401(f)(1), 901, temporarily added par. (5). See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (c)(1). Pub. L. 107–16, §§ 401(e), 901, temporarily substituted “In the case of a contributor who is an individual, the maximum amount the contributor” for “The maximum amount which a contributor” in introductory provisions. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (c)(1)(A)(ii). Pub. L. 107–16, §§ 401(b)(1), 901, temporarily substituted “$190,000” for “$150,000”. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (c)(1)(B). Pub. L. 107–16, §§ 401(b)(2), 901, temporarily substituted “$30,000” for “$10,000”. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(2). Pub. L. 107–16, §§ 401(c)(3)(B), 901, temporarily struck out “higher” before “education” in heading. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(2)(A), (B). Pub. L. 107–16, §§ 401(c)(3)(A), 901, temporarily struck out “higher” before “education”. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(2)(C). Pub. L. 107–16, §§ 401(g)(1), 901, temporarily amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: “A taxpayer may elect to waive the application of this paragraph for any taxable year.” See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(2)(D). Pub. L. 107–16, §§ 401(g)(2)(C), 901, in heading, temporarily substituted “deduction, credit, or exclusion” for “credit or deduction” and in text, temporarily substituted “, credit, or exclusion” for “or credit”. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(4)(A). Pub. L. 107–22, § 1(a)(1), substituted “a Coverdell education savings account” for “an education individual retirement account”.

Subsec. (d)(4)(C). Pub. L. 107–16, §§ 401(f)(2)(B), 901, temporarily substituted “certain date” for “due date of return” in heading. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(4)(C)(i). Pub. L. 107–16, §§ 401(f)(2)(A), 901, temporarily added cl. (i) and struck out former cl. (i) which read as follows: “such distribution is made on or before the day prescribed by law (including extensions of time) for filing the beneficiary’s return of tax for the taxable year or, if the beneficiary is not required to file such a return, the 15th day of the 4th month of the taxable year following the taxable year; and”. See Effective and Termination Dates of 2001 Amendment note below.

Subsec. (d)(5). Pub. L. 107–22, § 1(a)(1), (4), substituted “distributed from a Coverdell education savings account” for “distributed from an education individual retirement account” and “another Coverdell education savings account” for “another education individual retirement account”.

Subsec. (d)(6). Pub. L. 107–22, § 1(a)(1), substituted “a Coverdell education savings account” for “an education individual retirement account”.

Subsec. (e). Pub. L. 107–22, § 1(a)(4), substituted “Coverdell education savings account” for “education individual retirement account”.

Subsec. (h). Pub. L. 107–22, § 1(a)(1), substituted “a Coverdell education savings account” for “an education individual retirement account”.

2000—Subsec. (d)(4)(B)(iii). Pub. L. 106–554 substituted a comma for a semicolon before “or” at end.

1998—Subsec. (b)(1). Pub. L. 105–206, § 6004(d)(1), inserted “an individual who is” before “the designated beneficiary” in introductory provisions.

Subsec. (b)(1)(E). Pub. L. 105–206, § 6004(d)(2)(A), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “Upon the death of the designated beneficiary, any balance to the credit of the beneficiary shall be distributed within 30 days after the date of death to the estate of such beneficiary.”

Subsec. (d)(1). Pub. L. 105–206, § 6004(d)(3)(A), substituted “section 72” for “section 72 (b)”.

Subsec. (d)(2)(D). Pub. L. 105–206, § 6004(d)(5), added subpar. (D).

Subsec. (d)(4)(B)(iv). Pub. L. 105–206, § 6004(d)(6), added cl. (iv).

Subsec. (d)(4)(C). Pub. L. 105–206, § 6004(d)(7), substituted “Contributions” for “Excess contributions” in heading and amended text of introductory provisions and cl. (i) generally. Prior to amendment, text read as follows: “Subparagraph (A) shall not apply to the distribution of any contribution made during a taxable year on behalf of a designated beneficiary to the extent that such contribution exceeds $500 if—

“(i) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such contributor’s return for such taxable year, and”.

Subsec. (d)(5). Pub. L. 105–206, § 6004(d)(8)(A), added first sentence and struck out former first sentence which read as follows: “Paragraph (1) shall not apply to any amount paid or distributed from an education individual retirement account to the extent that the amount received is paid into another education individual retirement account for the benefit of the same beneficiary or a member of the family (within the meaning of section 529(e)(2)) of such beneficiary not later than the 60th day after the date of such payment or distribution.”

Subsec. (d)(6). Pub. L. 105–206, § 6004(d)(8)(B), inserted before period at end “and has not attained age 30 as of the date of such change”.

Subsec. (d)(7). Pub. L. 105–206, § 6004(d)(2)(B), inserted at end “In applying the preceding sentence, members of the family (as so defined) of the designated beneficiary shall be treated in the same manner as the spouse under such paragraph (8).”

Subsec. (d)(8). Pub. L. 105–206, § 6004(d)(2)(C), added par. (8).

Amendment by section 404(a) of Pub. L. 108–311 effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107–16, to which such amendment relates, see section 404(f) of Pub. L. 108–311, set out as a note under section 45A of this title.

Amendment by section 406(b) of Pub. L. 108–311 effective as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 406(h) of Pub. L. 108–311, set out as a note under section 55 of this title.

Pub. L. 108–121, title I, § 107(b), Nov. 11, 2003, 117 Stat. 1339, provided that: “The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 2002.”

Amendment by Pub. L. 107–147 effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107–16, to which such amendment relates, see section 411(x) of Pub. L. 107–147, set out as a note under section 25B of this title.

Amendment by Pub. L. 107–22 effective July 26, 2001, see section 1(c) of Pub. L. 107–22, set out as a note under section 26 of this title.

Amendment by section 401 (a)(1), (b)–(g)(1), (2)(C) of Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2001, see section 401(h) of Pub. L. 107–16, set out as a note under section 25A of this title.

Amendment by section 402(a)(4)(A), (C) of Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2001, see section 402(h) of Pub. L. 107–16, set out as an Effective Date of 2001 Amendment note under section 72 of this title.

Amendment by section 401 (a)(1), (b)–(g)(1), (2)(C) of Pub. L. 107–16 inapplicable to taxable, plan, or limitation years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 901 of Pub. L. 107–16, set out as a note under section 1 of this title.

Amendment by Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.

Section applicable to taxable years beginning after Dec. 31, 1997, see section 213(f) of Pub. L. 105–34, set out as an Effective Date of 1997 Amendment note under section 26 of this title.