26Title 26The US tax code, read & explained

26 U.S.C. § 85

§ 85. Unemployment compensation

161 words · amended 7 times · cited by 11 other sections

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No plain-English explainer yet. Below is the official text. Explainers are being added section by section.

History

Added in 1978 by the Revenue Act of 1978. Last changed March 11, 2021 by the American Rescue Plan Act of 2021.

Every change, newest first (8)
  1. March 11, 2021American Rescue Plan Act of 2021
  2. December 19, 2014Tax Increase Prevention Act of 2014
  3. February 17, 2009Public Law 111-5
  4. October 22, 1986Tax Reform Act of 1986
  5. April 20, 1983Public Law 98-21
  6. September 3, 1982Tax Equity and Fiscal Responsibility Act of 1982
  7. August 13, 1981Economic Recovery Tax Act of 1981
  8. November 6, 1978Revenue Act of 1978 · added this section

The law as written

Current through Public Law 119-102. Amendment notes omitted.

(a) General rule

In the case of an individual, gross income includes unemployment compensation.

(b) Unemployment compensation defined

For purposes of this section, the term “unemployment compensation” means any amount received under a law of the United States or of a State which is in the nature of unemployment compensation.

(c) Special rule for 2020
(1) In general

In the case of any taxable year beginning in 2020, if the adjusted gross income of the taxpayer for such taxable year is less than $150,000, the gross income of such taxpayer shall not include so much of the unemployment compensation received by such taxpayer (or, in the case of a joint return, received by each spouse) as does not exceed $10,200.

(2) Application

For purposes of paragraph (1), the adjusted gross income of the taxpayer shall be determined—

(A)

after application of sections 86, 135, 137, 219, 221, 222, and 469, and

(B)

without regard to this section.